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Location Offers After Hours Drop, Location Offers boxes and SuppliesLocation Offers LiftGates
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THESE RENTAL TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AT SECTION 15 BELOW WHICH IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS SECTION CAREFULLY.
BUDGET TRUCK RENTAL, LLC
Rental Terms and Conditions
These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and a return record with the computed rental charges together constitute the rental agreement (collectively, "Agreement") between you and Budget Truck Rental, LLC, and any affiliate conducting business under the Budget Truck brand or independent Budget Truck System Licensee identified in the Agreement (collectively, "Budget Truck"). "We", "our", and "us" means Budget Truck, and "you" and "your" means the person who signs the Agreement. You agree that you are not our agent for any purpose and that you cannot assign or transfer your obligations under this Agreement. You rent from us the Truck described in the Agreement and other property and accessories listed in the Agreement (collectively, the "Truck"). Such property may include a tow dolly, car carrier, auto transport equipment, lift gate or other towing devices provided by us under this Agreement for an additional charge. Such property is sometimes separately referred to as "Towing Equipment." You acknowledge that the Truck and/or Towing Equipment is owned by us that you have no authority to sublease or transfer the Truck and/or Towing Equipment and that any attempt to do so is void and constitutes a breach of this Agreement. You agree that this rental is solely a bailment for mutual benefit. By renting from Budget Truck, you agree to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. You agree that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If you breach the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with you, and/or asserting claims against you for any damages we incur because of your breach.
You should keep handy the following phone numbers during your rental:
o For commercial account reservations: 1-888-633-3875
o For all other reservations: 1-800-462-8343
o For emergency 24-hour Roadside Assistance: 1-800-423-1640
o For incidents involving law enforcement: 1-800-233-9072
o For reporting a missing, towed, or impounded vehicle: 1-800-749-8058.
1. Truck Use Terms.
1.1 Who May Drive the Truck. Only you may operate the Truck, except as provided below. You represent that you are a capable and validly licensed driver. You represent that the license you provided is valid, and that it is not modified, suspended, revoked, or restricted. Digital and temporary licenses are not acceptable for purposes of the rental. You acknowledge that we may use a device or application to scan your license for purposes such as verifying its attributes, confirming your identity, or as authorized under Applicable Law. By providing us with your license, you consent to this scanning and the use of your personal information as described in our Privacy Notice at budgettruck.com/privacy. We reserve the right to deny any rental or to terminate this rental in our sole discretion. Except where specifically required by Applicable Law, in addition to you only the following persons and no others may operate the Truck: For personal (non-commercial) rentals: For a fee, which charge is specified in the Rental Document, an Additional Authorized Driver named on the Rental Document. Spouses and domestic partners are not Additional Authorized Drivers unless named on the Rental Document. For commercial rentals without a Budget Truck account: For a fee, which charge is specified in the Rental Document, your employees, regular fellow employees, employer or formal business partners while engaged in business purposes, with your explicit prior permission. For commercial rentals with a Budget Truck account: the person named on the Rental Agreement as the Driver, and if you have an established commercial account with us, then your employees, regular fellow employees, employer or contracted business partners while engaged in business purposes, with your explicit prior permission, provided that such business rental originates through the Budget Truck Account.
YOU ARE AWARE THAT ANY DRIVER, INCLUDING, BUT NOT LIMITED TO, YOU AND ALL ADDITIONAL AUTHORIZED DRIVERS MUST BE AT LEAST 18 YEARS OF AGE, PROPERLY LICENSED AND QUALIFIED, WHICH MAY INCLUDE HAVING AN APPROPRIATE COMMERCIAL DRIVER’S LICENSE. YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE OR OBTAIN THE APPROPRIATE LICENSES, SIGNAGE, AND DOCUMENTATION TO DRIVE THE TRUCK. ANY DRIVERS SUBJECT TO AN INTERLOCK DRIVING RESTRICTION ARE NOT PERMITTED TO RENT OR DRIVE THE TRUCK. There may also be an additional charge per day if you are, or any Additional Authorized Driver, is under 24 years of age. Other requirements, as determined by us from time to time, may apply.
1.2 Truck Condition; No Warranties. You have inspected the Truck. It is in good and useable condition and fit for your rental purposes. It has no apparent defects except as may be noted on our Vehicle Damage Inspection form. YOU AGREE THAT WE MAKE NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER. THIS INCLUDES, AMONG OTHER THINGS, THE CONDITION OF THE TRUCK OR THE TRUCK’S MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR COMPENSATORY DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH US FURNISHING THE TRUCK TO YOU, OR ITS PERFORMANCE OR USE OF THIS RENTAL.
1.3 Keeping the Truck Safe and Secure. You, and any Additional Authorized Driver, must operate and park the Truck in compliance with all laws, regulations, and ordinances. You, and any Additional Authorized Driver, must refrain from using mobile phones or other handheld devices while operating the Truck except when they are in hands-free mode and must otherwise exercise sound judgment and safe-driving practices while operating the Truck. You may not leave the Truck unattended unless all windows, doors and trunks are closed and locked, and the Truck is in a secure location where you are allowed to park. You must take reasonable precautions to safeguard the keys to the Truck from anyone other than yourself and any Additional Authorized Driver.
1.4 Returning the Truck.
1.4(a) When to Return the Truck. You must return the Truck to us, in the same condition you received it, ordinary wear and tear excepted, at the Designated Return Time identified in the Rental Document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee. If no Designated Return Time is specified on the Rental Document, you will return the Truck upon the earlier of our demand or within three (3) days of the date the Truck was rented. If the Truck is not returned by the Designated Return Time, you will pay a late charge and understand that the rental rate may change. A service charge of $25.00 or more may apply if the Truck is not returned clean or if any accessories are not returned in the same condition as they were when provided to you. IF YOU RETURN A TRUCK WHEN A LOCATION IS CLOSED, YOU MUST UTILIZE THE DROP BOX FOR THE RETURN OF THE KEYS AND DEPOSIT OF THE RENTAL DOCUMENT. YOU REMAIN RESPONSIBLE FOR THE TRUCK AND ALL CHARGES, LOSSES AND DAMAGES TO THE TRUCK THAT OCCUR PRIOR TO THE LOCATION OPENING AND THE LOCATION FINDING THE TRUCK ON THE PREMISES. IF THE KEYS ARE NOT FOUND IN THE DROP BOX AND/OR THE TRUCK IS NOT FOUND ON THE PREMISES, YOU WILL BE IN BREACH OF THIS AGREEMENT.
1.4(b) Where to Return the Truck. You must return the Truck to the Designated Return Location identified in the Rental Document. IF YOU DO NOT RETURN THE TRUCK TO THE DESIGNATED RETURN LOCATION, YOU WILL PAY A CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHANGE.
1.4(c) If You Fail to Return the Truck. If you fail to return the Truck at the Designated Return Time and to the Designated Return Location, you will breach this Agreement. We may, at our discretion and subject to any notice requirements imposed by Applicable Law, treat your failure to return the Truck according to the terms of this Agreement as a theft or other illegal taking. You may be charged for any fees associated with the failure to return the Truck, and any payment by the payment card does not constitute a waiver of our right to treat the Truck as stolen.
1.5 Truck Use Prohibitions and Responsibilities. Certain uses of the Truck and other things you or another person may do, or fail to do, will violate this Agreement. ANY VIOLATION OF THIS PARAGRAPH CONSTITUTES AUTOMATIC BREACH OF THE AGREEMENT AND GROUNDS FOR US TO DEMAND IMMEDIATE RETURN OF THE TRUCK AND, WHERE PERMITTED BY APPLICABLE LAW, TO RETAKE POSSESSION OF THE TRUCK. ANY VIOLATION OF THIS PARAGRAPH IS ALSO AN EXCLUSION FROM, AND AUTOMATICALLY VOIDS, ALL LIABILITY PROTECTION AND ANY AND ALL PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ENTIRE SUPPLEMENTAL LIABILITY INSURANCE POLICY, PERSONAL ACCIDENT AND EFFECTS INSURANCE, EXTENDED ROADSIDE ASSISTANCE, LOSS DAMAGE WAIVER, AND PARTIAL LOSS DAMAGE WAIVER. YOU WILL ALSO BE LIABLE FOR ANY PENALTIES, FINES, FORFEITURES, LIENS, RECOVERY COSTS, AND STORAGE COSTS, AS WELL AS ANY RELATED LEGAL FEES, EXPENSES, AND COSTS (INCLUDING ON APPEAL), WE MAY INCUR AS A RESULT.
1.5(a) Prohibited Uses of the Truck. You will violate Paragraph 1.5 and the Agreement if you or a person you allow to possess operate the Truck (regardless of whether that person is an Additional Authorized Driver) do any of the following:
1.5(a)(1) Allow anyone except you or an Additional Authorized Driver as defined in Paragraph 1.1 to possess or operate the Truck;
1.5(a)(2) Use the Truck to tow or push anything other than the Towing Equipment, such as anyone else’s trailer, including your own, or use the Towing Equipment on your own or anyone else’s vehicle;
1.5(a)(3) Use the Truck to transport any vehicle, animal or person inside the cargo section of the Truck, or use the Towing Equipment to transport any household goods, vehicles, animals, or persons;
1.5(a)(4) Operate the Truck while (i) under the influence of alcohol or any other substance that Applicable Law prohibits the use of while driving; or (ii) using a mobile phone or other handheld device, unless it is in hands-free mode;
1.5(a)(5) Use the Truck in connection with any conduct, other than a traffic infraction, that could properly be charged as a felony or misdemeanor or reckless driving, including the transportation of a controlled substance or contraband, or any intentional tort;
1.5(a)(6) Operate the Truck anywhere other than the contiguous United States (i.e., the Truck may not be driven into Canada, Mexico, or Alaska);
1.5(a)(7) Use the Truck to store, treat, transport or dispose of any regulated, toxic, or hazardous substances or waste, such as corrosive, poisonous, flammable (like gasoline, propane or oil), explosive, accelerant or radioactive substances and biohazards, like medical waste;
1.5(a)(8) Use the Truck when it or any Towing Equipment is overloaded, which means any load that would make the Truck or Towing Equipment exceed the allowable gross weight (empty weight of the Truck or Towing Equipment plus weight of load) specified by the manufacturer indicated on the Truck or Towing Equipment, or with any load improperly placed or secured;
1.5(a)(9) Use the Truck in a race, test, or contest, or on unpaved surfaces;
1.5(a)(10) Use the Truck when you know, or should know, that the continued operation of the Truck is likely to cause damage to the Truck or the Towing Equipment;
1.5(a)(11) Use the Truck in an area that poses an unusual danger of damage to the Truck, such as areas of strike, labor or civil disruption or violence, or natural disaster like hurricanes, floods, fires, earthquakes or mudslides where such circumstances are reasonably foreseeable;
1.5(a)(12) Improperly fuel the Truck, such as, putting gasoline in a diesel-powered Truck, or diesel fuel in a gasoline-powered Truck; or improperly fueling of the Diesel Emission Fluids ("DEF");
1.5(a)(13) Video our Trucks or trademarks, service marks, or copyrighted material, including but not limited to any logos or characters without the express written consent of Budget Truck Rental, LLC, except if permitted by Applicable Law;
1.5(a)(14) Smoke or vape in the Truck;
1.5(a)(15) Remove, modify, or tamper with any part or component of the Truck without the express written consent of Budget Truck Rental, LLC.
1.5(b) Responsibilities of Use. You will also violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Truck (regardless of whether that person is an Authorized Driver) do any of the following:
1.5(b)(1) Fail to promptly report to us and, where required by Applicable Law, to law enforcement authorities, any damage to or loss of the Truck when it occurs or when you learn of it; fail to provide us with a written accident/incident report or fail to cooperate fully with our investigation; fail to promptly report any interaction with law enforcement during your rental, as provided in Paragraph 5; or fail to contact Roadside Assistance if the vehicle needs service or towing, as provided in Paragraph 5;
1.5(b)(2) Fail to secure the Truck as provided in Paragraph 1.3;
1.5(b)(3) Intentionally or with willful disregard cause or allow damage to the Truck; or
1.5(b)(4) Return the Truck when the location is closed, and the Truck is subsequently damaged, stolen or vandalized, as provided in Paragraph 1.4 (including all subparts).
1.6 Misrepresentation/Repossession of the Truck. We can repossess the Truck at any time in our sole discretion for reasons that include but are not limited to the following: you obtained possession of the Truck through any fraud or misrepresentation; or the Truck is found illegally parked, is being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we do not need to notify you in advance and that we may take any actions reasonably necessary to obtain possession of the Truck, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the Truck or affecting the Truck’s operation. If the Truck is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the Truck. You agree that such costs will be charged to the payment card or account used to rent the Truck. If the Truck is repossessed because of fraud or misrepresentation, except where expressly prohibited by Applicable Law, liability protection and products or services will be automatically null and void, including but not limited to Supplemental Liability Insurance, Personal Accident and Effects Insurance, and Extended Roadside Assistance.
2. Rental Charges and Collections.
2.1 Standard Charges. You will pay certain taxes, including sales, use, rental, environmental and excise taxes; customer facility fees; concession recovery fees; vehicle license recovery fees; tax-related surcharges; and other similar fees and charges imposed by local, state, federal, or other authorities, by means of payment acceptable to us. Except for charges later determined by us to be due, which you will pay on demand, you will pay all changes when you return the Truck. You will pay the full rate for each or partial rental Day or time slot as stated on the Rental Document. The rate on the Rental Document is the minimum charge even if the Truck is returned earlier and starts at the hour and minute the rental begins. You agree that no refund will be due to you if fewer days and/or miles are used by you. We may apply any remaining deposit at the time of rental to the final charges.
2.2 Miscellaneous Fees/Charges. Except where prohibited by Applicable Law, you will also pay us the following miscellaneous fees and charges,
here applicable:
2.2(a) Cleaning Fees. You will pay a reasonable fee for cleaning the Truck’s interior or exterior for what we determine in our sole discretion are excessive stains, trash, dirt, soilage, odors, or pet hair after the Truck is returned. If we discover any evidence of violation of our smoke-free and vape-free policy as provided in Paragraph 1.5(a)(14), we may charge a fee for interior cleaning and for repair of any damage caused by your violation of this policy.
2.2(b) Additional Authorized Drivers. We may charge a fee, as stated in your Agreement, for each Additional Authorized Driver, as provided in Paragraph 1.1.
2.2(c) Extensions/Modifications. We may charge a $12 fee in addition to standard daily and mileage rates if we grant in our sole discretion your request to extend the Agreement or to return the Truck to any location other than the Designated Return Location.
2.2(d) Towing/Impound/Delivery Fees. You will be charged actual towing charges and a commercially reasonable administrative charge. If you return the Truck to a location different from the location where the rental began (even if it is the Designated Return Location), we may charge an additional fee. If the Truck is not returned as required by this Agreement, in addition to any continued accrual of daily charges and late fees until we locate and take possession of the Truck, we may charge reasonable costs we incur in releasing the Truck from impound or storage and/or towing or delivering the Truck from where it was recovered.
2.2(e) Late Return Fees. In addition to the daily rental rate and any applicable mileage charges for excess use of the Truck, we may charge an additional daily fee if you do not return the Truck at or before the Designated Return Time. Local rentals returned after the contracted return date will be subject to an additional day charge at 100% of the going daily rate, plus 100% of the daily rate for any additional protection products and accessories.
2.2(f) Key/Fob Recovery Fee. We may charge a fee to cover the cost to us for replacement if you do not return the same number of keys, key cards, fobs and/or remotes to the Truck that you received at the beginning of the rental.
2.3 Payment Method. You agree that you are responsible for all charges arising out of this Agreement. If we are directed to bill any charges made under this Agreement to any third party, such as an employer or insurer, you represent that you are authorized to do so by the third party. You are jointly and severally liable with any third party to whom the billing is directed. We may perform a credit check on your method of payment to ensure worthiness before releasing the Truck. If we perform a credit check on your payment card, you may also be asked to present a second form of current identification. If you present a payment card at the time of rental, we may reserve an amount with the card issuer based on our estimate of your charges. We may charge any amounts due us including, but not limited to, any amounts in excess of the minimum rental charges agreed to under this Agreement, against that credit card, which also includes charges determined to be due after return of the Truck. If we permit you to pay by check, you agree to pay us a fee for any check used for payment if it is dishonored and returned to us unpaid and any bank charges we incur in connection with that returned check. We are not obligated to present any check for payment more than once.
2.4 Payment Card Reserve. If you use a payment card, including but not limited to a credit card or debit card, or a digital wallet or mobile payment application linked to your payment card, to make this rental reservation or to pay for the rental, you acknowledge that the card issuer may set aside or reserve an amount up to the greater of (i) the estimated total charges due under Paragraph 2 (including all subparts), as stated in the Agreement, or (ii) the deposit amount as stated on signs at the location where your rental begins. We are not responsible for any fees or charges by the payment card issuer because of the reservation, including overdraft fees. We will authorize the release of any excess reserve after the standard charges have been billed and the Truck has been returned to us according to this Agreement. We do not control payment card issuers, so we cannot guarantee the immediate availability of funds once we have released them. This Paragraph does not waive our right to make charges against your card in excess of the reservation or to make additional charges after we have released the reservation to the extent that the charges are otherwise authorized by this Agreement.
2.5 Currency Conversion. If you use a payment card that is issued by a financial institution outside the United States and your charges are billed to us in a currency other than U.S. Dollars, we will convert the full amount of your charges in U.S. Dollars to the card account’s billing currency unless you have instructed us not to perform the conversion process on your personal account profile or submitted a written request in advance to have the currency conversion performed by your payment card issuer. Our conversion will be based on a conversion rate published by Reuters or such other successor index as determined by us in our sole discretion and will incorporate a processing charge of no higher than 3% to be applied to all amounts relating to the transaction. This charge will replace the currency conversion processing charge applied by your card issuer. You understand that (i) your card issuer has a currency conversion process; (ii) you have chosen not to use your card issuer’s currency conversion process; and (iii) you will have no recourse against your card issuer with respect to any matter related to the currency conversion or its disclosure.
2.6 Errors/Adjustments. We will provide you with a preliminary statement of charges at or near the time you return the Truck. This statement is not final, and you may be responsible for additional charges, including but not limited to the following: fuel service charges; tolls, convenience fees, fines, citations, and penalties; charges for damage to the Truck; and other charges that have not yet been assessed or calculated as of the date of the statement. You will continue to be responsible for payment of further charges determined later and will receive a refund to the extent we review the preliminary statement and identify any excess charges. If you rent from us under a commercial account, you acknowledge that we are entitled to contact the account regarding any unpaid charges and to share with the account any information you have shared with us in connection with this Agreement. If you do not rent using a commercial account, you acknowledge that you are personally liable for all unpaid charges regardless of any agreement you may have with your employer or any other person for reimbursement of the charges.
2.7 Collections. You agree to pay a late fee of 1.5% per month (or the highest rate permitted by Applicable Law, whichever is less) for any amounts, including but not limited to charges, fees, tickets, expenses, fines, and all matters associated with the rental and/or damage to or loss of the Truck, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment. You also agree to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys’ fees (including on appeal) and insufficient funds fees for rejected checks. We may engage attorneys and/or third-party collection agents to collect unpaid charges. You agree that we are entitled to share any information provided by you in connection with this Agreement with our attorneys or third-party collection agents and that, except were prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third-party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from you. You understand that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and you authorize us to share the information necessary for such reporting.
2.8 Fines, Expenses, Costs, and Administrative Fees. YOU WILL COMPLY WITH ALL LAWS APPLICABLE TO YOUR USE OF THE TRUCK, INCLUDING STOPPING AT OPEN WEIGH STATIONS AS REQUIRED OR DIRECTED, OR NOT USING RESTRICTED LANES OR ROADS. You agree to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against you. You also agree that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against us because of the operation or use of the Truck from the time you take possession of it until it is returned to us, you agree to indemnify us from all resulting damages, losses, costs, and expenses. We have no obligation to contest or otherwise defend you against any alleged infraction.
You agree that we may, in our sole discretion if Applicable Law allows the fine to be assessed against us or the Truck, pay all tickets, citations, fines, and penalties on your behalf directly to the issuing authority and charge you unilaterallyfor the fine or penalty, plus court costs, attorneys’ fees, bonds or sureties, or other costs incurred by us as a result, including but not limited to impound fees or other costs to recover possession of the Truck. We may also charge you a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount we incur. You are strongly encouraged to promptly pay all fines, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against you directly to the court, county government, or other appropriate government agency, and to provide proof of payment to us, to avoid these additional charges.
Verra Mobility (VMS) is our agent for processing and billing any tickets, citations, fines, and penalties. You authorize us to release the rental and payment card information regarding your rental to VMS as our agent for the purpose of processing and billing you for any tickets, citations, fines, and penalties incurred by you or assessed against us or the Truck during your rental plus, where allowed by Applicable Law, a reasonable administrative fee not to exceed $50 per violation. You authorize VMS to contact you directly regarding any ticket, citation, fine, or penalty assessed in connection with the use of the Truck from the time you take possession until the time it is returned to us.
2.9 Fuel. RENTAL RATES DO NOT INCLUDE THE COST OF FUEL. THE TRUCK WILL HAVE A FULL TANK UPON COMMENCEMENT OF THE RENTAL. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ALL FUEL DURING THE COURSE OF THE RENTAL. YOU UNDERSTAND THAT IF THE LOCATION TO WHICH YOU RETURN THE TRUCK DOES NOT SELL FUEL OR OFFER OPTIONAL REFUELING SERVICE, THEN YOU MUST RETURN THE TRUCK WITH A FULL FUEL TANK. If the return location sells fuel, you understand that you may fill up the fuel tank at your expense at the location at its then posted rate for fuel or at any fuel retailer of your choice. If you elect not to refill the fuel tank prior to return, you agree to pay a refueling service charge, in addition to (a) the actual retail fuel cost to refill the Truck (if the location sells fuel) or (b) a competitive per gallon rate to refill the Truck (measured from the factory-installed fuel gauge in 1/8th increments). You understand that fuel or optional refueling services are not available at all locations and the charges will vary by location. The competitive per gallon rates may be higher than retail fuel prices at fuel retailers, such as service stations. You agree to contact the return location before returning the Truck to verify availability of and charges for fuel or optional refueling service.
2.10 e-Toll/PlatePass®. You are responsible for payment of all tolls incurred during the rental period, including any congestion pricing tolls. Budget Truck offers an optional service through our partner PlatePass® that allows customers to use electronic toll lanes on highways, bridges, tunnels and other tolled passages. All Budget Truck license plates are provided to PlatePass® as our third-party provider to electronically process tolls. Unless you directly pay the toll yourself as described below in Paragraph 2.10(b), you will automatically opt-into the PlatePass® service and pay the fees described herein the costs of which are included on the rental document you sign. If you use the PlatePass® service at any time during your rental, you agree to pay a convenience fee for each day on which you incur a toll which will have a maximum amount per rental period (not to exceed 30 days). In addition, you will pay all tolls incurred at the maximum prevailing non-discounted or cash rates posted by the toll authority. Video-Plate-Based Electronic Tolling: If you do not pay cash for tolls at an issuer-designated toll payment station, or if the roadway does not accept cash payment, once you pass through an in-network electronic toll, a photo will be taken of the license plate, and you automatically opt into the PlatePass® toll service. Transponder-Based Tolling: If the Truck is equipped with an electronic toll collection device (transponder) operable with the toll road you are traveling and you wish to use the PlatePass® toll service, slide open the transponder box located on the windshield and drive through a designated transponder-based lane. If a transponder box is present and you do not wish to use the toll service, do not open the transponder box.
2.10(a) Toll Administrator. If you use the PlatePass® service, PlatePass® third-party toll program administrator (the "Toll Administrator") contracted by Budget Truck will process payment of each electronic toll that you incur during the term of the rental and charge your credit/debit card for the amount of tolls and convenience fees set forth above. Regardless of the service you choose, you agree that, in connection with e-Toll, we may share your personal information, (including your address, payment card information, and other rental information) with the Toll Administrator. You also authorize the Toll Administrator and Budget Truck to charge your payment card for all e-Toll fees described above based on the option that you select. You agree that the Toll Administrator may contact you directly regarding the e-Toll fees. The e-Toll fees may take 4–8 weeks after the rental concludes to be billed to your payment card on file. You agree to indemnify and hold us, the Toll Administrator, and any other agent we authorize harmless for any fines, charges or administrative fees incurred for any toll violations for which you may be liable. e-Toll does not cover airport parking or congestion pricing, which will be billed separately with a separate administrative fee. Customers must use a personal transponder or another approved payment method to pay for parking. Toll violations will result in an administrative fee not to exceed $50 per toll issuer.
2.10(b) Opting out of e-Toll/ PlatePass®. Where allowed by the applicable tolling authority, you may avoid the PlatePass® fees on any day during the term of the rental if you ensure the transponder shield box is in the "closed" position and you (i) pay cash for all tolls; (ii) use your own adequately funded, properly mounted and compatible electronic toll device to pay for all tolls; (iii) pay the toll authority directly through any available online or other service according to the toll authority’s rules and requirements; or (iv) avoid electronic toll roads or passages. For additional information visit budgettruck.platepass.com or call 1-844-224-9505.
3. Breach of Agreement; Handling of Property and Associated Costs. If you do not honor your obligations under this Agreement, we may charge a reasonable administrative fee and attorney’s fees to enforce this Agreement. If we repossess the Truck as provided in Paragraph 1.6, we will have a lien on all of your property in the Truck and/or any equipment attached to the Truck which lien will be security for all unpaid charges and expenses due to us under this Agreement. You grant us a security interest in all such property to secure payment of all such charges and expenses. A copy of this Agreement may be filed as a financing statement to perfect that security interest. We are also authorized to act as your agent for unloading, inventorying and storing any such property and paying third-party vendors for which we will be entitled to reasonable costs. If you fail to pay all charges and expenses due us under this Agreement, or after paying you do not retrieve your property, then acting as your agent we (or our agents) may dispose of and or donate the property at our sole discretion. We need not notify you before such disposal or disposition. Acting in the same way as your agent, and without prior notice, we may dispose of and/or donate any other property that you, or any person associated with you leaves on our premises or in the Truck, which you, or they, do not retrieve within thirty (30) days from the date of abandonment or recovery of the Truck.
4. Maintenance and Inspection; Repair. You agree to maintain adequate oil and coolant levels in the engine, and if applicable, DEF fluid for diesel engine, of the Truck. As and when directed by us, you will have any necessary servicing or maintenance of the Truck performed during the rental. No one other than us will perform any service, repairs, replacement or substitution of parts, or maintenance to the Truck during the rental unless we approve such work in advance. If you repair or have the Truck repaired without our consent, you will pay all costs we reasonably incur to restore the Truck to the condition it was in prior to your rental up to the fair market retail value of the Truck. If we authorize you to have the Truck repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt and the repair conforms to the authorization. To the extent your unauthorized repairs invalidate or in any way reduce the coverage of a warranty, you will be responsible for the costs of the invalidation of or reduction to the warranty. You understand that we or anyone designated by us may inspect the Truck at any time wherever it is located without prior notice to you. You will stop using the Truck and contact us before proceeding, when a warning light is illuminated, or when any obvious mechanical issue is presented, such as, engine compartment, flat tires, brake issues, (grinding, squealing, low peddle pressure), malfunctioning lights, puddles of fluid under the Truck when parked (other than A/C condensation), or low power.
5. Accidents/Incidents. You must report to us at 1-800-423-1640 any accident/incident involving the Truck as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages. You will promptly complete an Accident Report form available at budget.com/content/dam/budget/na/us/common/pdf-files/ABG_ClaimsAccidentForm_ 041817.pdf. You understand that if you fail to report any accident, loss or theft to us within 24 hours, that could void any protection extended by us to you under this agreement, and may result in our denying any related claim. You also must promptly report any accident/incident involving the Truck to law enforcement authorities if required to do so by Applicable Law. You must also immediately report to us at 1-800-533-9056 any incident related to the Truck involving law enforcement.
IN THE EVENT THE VEHICLE NEEDS TOWING, YOU MUST IMMEDIATELY CONTACT OUR ROADSIDE SERVICE AT 1-800-423-1640. IN THE EVENT THE VEHICLE HAS BEEN TOWED, IMPOUNDED, OR IS MISSING/STOLEN, YOU MUST IMMEDIATELY CONTACT OUR LOSS PREVENTION DEPARTMENT AT 1-800-749-8058 AND/OR SEND AN EMAIL TO btrvehiclerecovery@avisbudget.com. FAILURE TO CONTACT US WILL VOID ANY OPTIONAL PRODUCT YOU MAY PURCHASE, INCLUDING BUT NOT LIMITED TO OPTIONAL DAMAGE WAIVER, AND YOU WILL BE RESPONSIBLE FOR ANY AND ALL DAMAGE, TOWING, STORAGE AND INCIDENTAL CHARGES INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES.
6. Truck Loss/Damage. If you do not accept Physical Damage Waiver ("PDW"), Limited Damage Waiver ("LDW") or Commercial Damage Waiver ("CDW") at the time of rental and pay the PDW, LDW or CDW fee as described in Paragraph 7, you are responsible for and will pay us for all loss or damage to the Truck whether or not you are at fault from any cause, including, but not limited to loss or damage caused by collision, accident, theft, vandalism, fire, flood, explosion, natural and/or unknown causes. You are also responsible for and will pay us as part of our loss for the following: any diminution in value of the Truck that remains after repair; actual towing, storage, impound and other related fees; Loss of Use ("LOU"), which is defined as the applicable daily rate multiplied by the number of days taken to repair or replace the vehicle, not to exceed 30 days; and a reasonable administrative charge for expenses associated with processing the claim. YOU UNDERSTAND THAT YOU ARE ALSO RESPONSIBLE FOR ALL MECHANICAL DAMAGE TO THE TRUCK RESULTING FROM YOUR VIOLATION OF THIS AGREEMENT, SUCH AS BY PUTTING THE WRONG FUEL IN IT, OVERLOADING, OR FAILING TO HAVE THE TRUCK SERVICED AS DIRECTED BY US. You understand that the charges for physical damage to the Truck, as indicated in our current counter chart, are based on our actual repair experience. You further understand that those charges could exceed or be less than our actual cost for the parts, labor, or outside repairs. If the Truck is stolen, or damaged to the extent that it is declared a total loss, you will be responsible for and will pay us our book value or the actual cash value of the Truck, prior to the loss, less its salvage value, whichever is higher. If any accessories are not returned by you or you return any damaged regardless of cause, you will pay us our replacement cost for them plus an administrative fee. If your responsibility is covered by any insurance, payment card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the Truck plus diminished value or the actual cash value of the Truck, and all incidental loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. You understand that you are not authorized to repair or have the Truck repaired without our express prior written consent, and that if the Truck is repaired without our consent, you will pay the estimated cost to restore the Truck to the condition it was in prior to your rental, per Paragraph 4 above.
7. Optional Damage Waivers. Optional Physical Damage Waiver ("PDW"), Limited Damage Waiver ("LDW") or Commercial Damage Waiver ("CDW") (CDW only available on commercial accounts) are not insurance and are not mandatory. If you accept PDW, LDW, or CDW at the time of rental, pay the applicable fee for each full or partial rental Day, and the Truck is operated in accordance with this Agreement, your responsibility for loss of or damage to the Truck is waived or limited as set forth as your "responsibility" on the Rental Document, subject to the following exceptions. EXCEPTIONS: (1) Damage to tires resulting from curbing of tires is not covered under PDW, LDW, or CDW; and (2) damage caused by collision with an overhead object (an "Overhead" collision)—including trees, overpasses, overhead lines, or garage structures—is not covered under LDW or CDW; however, PDW does cover overhead damage. "Overhead" means any damage to the truck at or above the height of the driving cab. YOU UNDERSTAND AND AGREE THAT CDW, LDW AND/OR PDW WILL BE VOID AND YOU ARE RESPONSIBLE FOR LOSS OF AND DAMAGE TO THE TRUCK (AS DESCRIBED ABOVE) IF THE TRUCK IS USED AS PROHIBITED BY THIS AGREEMENT OR IF YOU VIOLATE ANY OTHER MATERIAL PROVISION OF THIS AGREEMENT.
8. Personal Property; Cargo Responsibility. UNLESS YOU ACCEPT THE OPTIONAL PERSONAL ACCIDENT AND CARGO PROTECTION AT THE TIME OF RENTAL AS PROVIDED IN PARAGRAPH 13, WHICH PLAN IS ONLY AVAILABLE IF YOU ARE NOT A COMMERICAL CUSTOMER AND ARE USING THE TRUCK FOR NON-COMMERICAL PURPOSES, AND PAY THE FEE FOR THAT PROTECTION, YOU AGREE THAT BUDGET TRUCK WILL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE TO YOUR CARGO OR OTHER PROPERTY OWNED BY YOU OR IN YOUR POSSESSION. YOU ASSUME ALL SUCH RISK OF LOSS OR DAMAGE AND AGREE TO RELEASE, INDEMNIFY, AND HOLD BUDGET TRUCK HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM SUCH LOSS OR DAMAGE.
9. Liability Protection, Supplemental Liability Insurance, and Indemnity.
9.1 Liability Protections.
9.1.1 When the Truck is rented for personal use. If the Truck is rented for personal use, and if there is no violation of this Agreement (see Paragraph 1.5, including all subparts), we will provide limited liability protection for bodily injury (including death) and property damage to persons other than those excluded below, resulting from the use or operation of the Truck by you or any Additional Authorized Driver up to the minimum financial responsibility limits required by the financial responsibility laws of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by one person includes any claim for the loss of that person’s consortium or services. Where the law extends protection to a non-permitted driver, the same limits will apply. This protection will comply with the requirements of the financial responsibility laws of the jurisdiction in which the accident occurs by means of insurance, bond, certificate or self-insurance or other means, or a combination thereof at our sole discretion, including all requirements as to notice and cooperation on your part or on the part of any driver, all of which are hereby made a part of this agreement. Where permitted by Applicable Law, this liability protection will be secondary to any applicable insurance available to you or any other driver of or passenger in the Truck, from any other source, whether primary, excess, secondary or contingent in any way and then this protection will apply only to the extent it is needed to meet, on a cumulative basis with all such insurance and/or other protection available, the minimum financial responsibility limits and/ or minimum no fault benefits required by applicable law. You understand that unless required by applicable law this protection does not include coverage for: i) fines, penalties, punitive or exemplary damages; ii) bodily injury to or death of yourself, or driver of the Truck or any of your family members or of the driver’s family members related by blood, marriage or adoption who resides with you or the driver, or to any other person who resides with you or the driver or any occupant of the Truck; iii) defense against any claim after the applicable limits of this protection have been tendered; and iv) non-compulsory uninsured or underinsured motorist or motor vehicle insurance, supplemental no fault insurance or any other insurance that is optional or can be waived or rejected. We and you agree that to the extent permitted by law we and you waive be waived or rejected. We and you agree that to the extent permitted by law we and you waive and reject all such non-compulsory insurance that is optional or can be waived or rejected. We and you agree that to the extent permitted by law we and you waive and reject all such noncompulsory insurance. If there is a violation of a use restriction, but applicable law requires that we provide all or part of the protection described above, the same limitation applies. To the extent applicable law requires that we provide protection other than as described above, it will not exceed the minimum financial responsibility limits and/or minimum no fault benefits required by the laws of the jurisdiction in which the accident occurs.
9.1.2 When the Truck is rented for commercial purposes. If the Truck is rented for commercial (non-personal use) purposes, you will be required to select one of the liability coverages below at Paragraphs 9.2 and 9.3 or provide a certificate of insurance pursuant to Paragraph 10 below.
9.2 Basic Liability Insurance. Basic Liability Insurance ("BLI") is available only to commercial accounts. If BLI is accepted and added to the Rental Agreement, Budget Truck Rental LLC will extend its coverage to take primary position up to 100/300/25 on third-party claims. Your own liability insurance will not be called on to contribute unless, and until, the 100/300/25 has been exhausted. This third-party coverage extension comprises $100,000 bodily injury (one party max) or $300,000 bodily injury (all parties max) and $25,000 for property damage (for example, another vehicle, light pole, guard rail, etc.).
9.3 Supplemental Liability Insurance. Supplemental Liability Insurance ("SLI") is available on all rentals for the protection against third-party claims. If you elect to purchase SLI, coverage will be provided to you and any Authorized Driver under a separate policy of excess coverage issued to Budget Truck. If you accept SLI at the start of your rental and pay the SLI fee stated on the Rental Document, then the higher limits of liability protection provided by SLI will apply to your rental. The protection provided by SLI will be primary and the combined limits of liability protection will be $750,000 for each person for bodily injury, death or property damage for each accident, but not more than $750,000 for each accident, instead of the minimum limits stated in Paragraph 9.1.1 above. SLI does not apply to any loss arising out of any prohibited use of the Truck as described in Paragraph 1.5 (including all subparts) of the Agreement, all of which are exclusions to SLI. Other exclusions to SLI are listed in the SLI policy. You will pay additional fees for SLI as specified in the Agreement. You will be charged the rate for a full day even if you don’t have the Truck for the entire day. In California and Texas, if you elect SLI, Budget Truck will provide primary coverage up to the minimum financial responsibility limits for each jurisdiction, respectively, and SLI will act as secondary insurance. Operation of the Truck by an unauthorized person constitutes a breach of the Agreement and forfeits all insurance coverages including SLI. SLI Coverage in the following states, California, Delaware, Florida, Indiana, Iowa, Louisiana, Maine, Maryland, Montana, New Hampshire, New York, Pennsylvania, Puerto Rico, and Washington, is underwritten by Empire Fire and Marine Insurance Company, 1299 Zurich Way, Schaumburg, IL 60196, 1-800-987-3373. ALI Coverage in all other states is underwritten by ACE American Insurance Company, a Chubb company, Chubb, 202 Hall’s Mill Road, Whitehouse Station, NJ 08889-1600. Chubb is the marketing name used to refer to subsidiaries of Chubb Limited providing insurance and related services. For a list of these subsidiaries, please visit chubb.com. This communication contains product summaries only. Coverage is subject to the language of the policies as actually issued. For more information on SLI, please visit http://budgettruck.com/moving-trucks-accessories/protections/supplemental-liability-insurance. SLI is subject to all the conditions and limitations described in Paragraph 9.1.1, except that notwithstanding anything contained in this Agreement the terms of the SLI policy will at all times control. SLI is protection against claims from third parties ONLY. You understand that you will be responsible for all damages to the Truck unless you have elected to purchase PDW, LDW or CDW (see Paragraphs 6 and 7 above) or unless your personal car insurance policy covers such damage or loss. Please speak with your insurance agent regarding the coverages under your policy.
9.4 Exclusions. Unless prohibited by Applicable Law, the protection provided under Paragraphs 9.1, 9.2 and 9.3, including all subparts, does not apply (i) if the Truck is obtained, used, or operated in violation of Paragraph 1.5, including all subparts; (ii) to loss or damage to property owned by you, in the Truck or for any reason in your care, custody, or control; or (iii) to any tow dolly, car carrier, or trailer not rented from us or not attached to the Truck.
10. Commercial Account Customer-Provided Insurance. If you are a commercial account customer you may elect to provide liability insurance instead of purchasing our liability coverage and damage waivers. If you do, as indicated on the Rental Document, you agree to insure the Truck under a standard form automobile liability insurance policy, with Budget Truck Rental, LLC, and Budget Rent A Car System, Inc. named as an additional insured, covering all risks of loss or damage to persons or property arising out of the ownership, maintenance, use, or operation of the Truck during the rental, regardless of fault. The limits of this insurance will not be less than a combined single limit of $750,000 for all bodily injury and property damage arising from anyone accident or such higher limits as we may require. You agree to provide us with a certificate of insurance, evidencing the required coverage and limits of liability before using the Truck. You agree that optional SLI will not be available to you after you have elected to provide your own liability insurance. You also agree to release, indemnify, and hold us and our insurance carriers harmless from and against any and all expense (including attorney’s fees and court costs) and damage and/or liability arising out of your possession, use or operation of the Truck, which are (i) in excess of the limits of liability under your liability insurance (ii) excluded from coverage under your liability insurance, or (iii) not otherwise covered under your liability insurance. If any applicable state law requires us to extend liability insurance protection, then notwithstanding your election to provide such liability insurance, you agree that such liability protection provided by us will be limited as provided in Paragraph 9.1.1 above. You acknowledge that the rental rate given to you is partly a function of your provision of such insurance with complete coverage and indemnification of us.
11. Indemnification and Waiver. Except where prohibited by Applicable Law, you agree to release, indemnify, and hold us, and our parent and affiliated companies, and our insurance carriers harmless from and against any and all losses, liabilities, damages, claims, demands, awards costs, attorney’s fees, interest, and other expenses incurred by us in any manner from this rental transaction or from the use of or operation of the Truck by you or any person, regardless of whether that person is an Additional Authorized Driver, including claims by third parties. This includes (i) any amounts in excess of the limits of liability described in Paragraphs 9.1, 9.2. and 9.3, including all subparts; and (ii) any amounts excluded from coverage or not otherwise covered under Paragraphs 9.1, 9.2, and 9.3, including all subparts. You shall present a claim to your insurance carrier for such claims, events, and losses, but regardless, you will have final responsibility to us for all such claims, events, and losses. You agree that if the rental takes place at a location operated by a Budget Truck System Licensee, any claim by you, including one that alleges unfair, deceptive or unconscionable conduct, your sole right and remedy is against that Budget Truck System Licensee and not Budget Truck Rental, LLC, Budget Rent A Car System, Inc., their parent or any of their affiliated companies.
12. Towing Equipment Liability. YOU UNDERSTAND AND AGREE TO ASSUME ALL RISK IN THE OPERATION, USE, OR POSSESSION OF ANY TOWING EQUIPMENT AND TO RELEASE, INDEMNIFY, AND HOLD HARMLESS FROM ANY CLAIM FOR BODILY INJURY, INCLUDING DEATH, TO YOU, OTHERS OR DAMAGE TO YOUR PROPERTY OR THE PROPERTY OF OTHERS RESULTING FROM OR ARISING IN CONNECTION WITH YOUR USE, POSSESSION, OR OPERATION OF ANY TOWING EQUIPMENT, EXCEPT WHEN SUCH INJURY, DEATH, OR DAMAGE IS DUE SOLELY TO OUR FAULT. ANY VEHICLE YOU TOW OR TRANSPORT WITH THE TOWING EQUIPMENT MUST BE THE VEHICLE IDENTIFIED ON THE RENTAL DOCUMENT AT THE ORIGINATION LOCATION AND MUST NOT CONTAIN PASSENGERS OR CARGO. YOU ARE RESPONSIBLE FOR ALL LOSS OF AND DAMAGE TO ANY TOWED OR TRANSPORTED VEHICLE. However, if you accept and pay the fee for Auto Tow Protection on the Rental Document, which protection is only available to you if you are renting the Truck for non-commercial purposes, we accept limited responsibility for physical damage to a towed vehicle as set out in this Agreement and the Auto Tow Protection as set forth in Paragraph 13.2 below, up to the amount stated on the Rental Document and you assume all other risk and liability. TOW DOLLY INSTRUCTION AND CAR CARRIER LOADING AND UNLOADING INSTRUCTION VIDEOS ARE POSTED ON BUDGET TRUCK WEBSITE AT budgettruck.com/add-ons/tow/car-tow-dolly OR DOWNLOAD THE VEHICLE TOWING GUIDE also found on our website.
13. Optional Protections. The following additional services may be available for an additional charge:
13.1 Optional Personal Accident and Cargo Protection. Personal Accident and Cargo Protection ("PAC") provides certain benefits and emergency medical expense benefits and benefits for loss of or damage to certain personal property in the Truck to the renter and Truck passengers. THIS OPTIONAL PROTECTION IS AVAILABLE ONLY TO NON-COMMERCIAL CUSTOMERS USING THE TRUCK FOR NONCOMMERCIAL PURPOSES. FOR THIS OPTIONAL PROTECTION TO APPLY, YOU MUST CHOOSE THIS OPTIONAL PROTECTION AT THE START OF THE RENTAL AND PAY THE FEE FOR IT INDICATED ON THE RENTAL DOCUMENT. PAC is not required to rent the Truck and may duplicate coverage you already have under your own automobile or homeowners’ or personal liability insurance policy or by another source. We are not qualified to evaluate whether your existing insurance coverage is adequate. You will pay an additional fee for PAC coverage as specified in the Agreement. We are not the insurer under any PAC policy. If you purchase PAC, we will provide evidence of coverage to you in the Agreement. If purchased, PAC will provide primary coverage, within the specified scope of coverage, to any other coverage you may have. For more information on PAC, please visit budgettruck.com/moving-trucks-accessories/protections/personal-accident-cargo.
13.2 Optional Auto Tow Protection. Auto Tow Protection ("ATP") provides renters with coverage for damage to their personal automobile while it is being towed by the Truck using a car carrier or tow dolly also rented from Budget Truck. THIS OPTIONAL PROTECTION IS AVAILABLE ONLY TO NON-COMMERCIAL CUSTOMERS USING THE TRUCK FOR NONCOMMERCIAL PURPOSES. FOR THIS OPTIONAL PROTECTION TO APPLY, YOU MUST CHOOSE THIS OPTIONAL PROTECTION AT THE START OF THE RENTAL AND PAY THE FEE FOR IT INDICATED ON THE RENTAL DOCUMENT. ATP is not required to rent the Truck and may duplicate coverage you already have under your own automobile or homeowners’ or personal liability insurance policy or by another source. We are not qualified to evaluate whether your existing insurance coverage is adequate. You will pay an additional fee for ATP coverage as specified in the Agreement. We are not the insurer under any ATP policy. If you purchase ATP, we will provide evidence of coverage to you in the Agreement. If purchased, ATP will provide primary coverage, within the specified scope of coverage, to any other coverage you may have. For more information on ATP, please visit https://www.budgettruck.com/moving-trucks-accessories/protections/autotow.
13.3 Extended Roadside Assistance/Roadside SafetyNet™. Extended Roadside Assistance/Roadside SafetyNet™ ("RSN") is an OPTIONAL PROTECTION available at participating locations. If you accept Extended Roadside Assistance/Roadside SafetyNet™ at the start of your rental, and provided that you are not in violation of the Rental Agreement, you will not be responsible for roadside service costs for the following services: flat tire assistance, tire replacement, rim replacement, key replacement, lockout service, jump start, towing to the nearest authorized repair facility (excluding towing due to collision) and fuel delivery (delivery of up to $10.00 worth of fuel). DAMAGES TO ENGINE NOT COVERED. If you do not purchase Extended Roadside Assistance/SafetyNet™ in advance, we will charge an additional fee for these services. If you purchase Extended Roadside Assistance/Roadside SafetyNet™, we will provide evidence of coverage to you at the time of purchase. Extended Roadside Assistance/Roadside SafetyNet™ is void and of no effect, if, prior to or at the time of the incident necessitating Roadside Assistance, you or any Additional Authorized Driver was in violation of the Rental Agreement, including, without limitation, the prohibited uses and violations set forth above at Paragraph 1.5, including all subparts. In such cases, regardless of whether we elect to terminate the Rental Agreement and take possession of the Truck and/or Towing Equipment, standard charges and service fees will apply to any emergency roadside services. For more information on Extended Roadside Assistance/Roadside SafetyNet™, please visit https://www.budgettruck.com/moving-trucks-accessories/protections/roadsideassistance.
14. Satellite/GPS Systems; Connected Car Data; Privacy Notice.
14.1 GPS. At some locations, we may offer a global positioning system ("GPS") for your use, which you may rent at the daily rate for each Day or partial Day of the rental, as stated in your Agreement. Except where prohibited by Applicable Law, you are responsible for any loss or damage to the unit or its accessories, regardless of cause or fault, and you will pay us the full repair or replacement cost, the choice of which is at our sole discretion, for the unit, up to $499.
14.2 Use of Location Information. You should have no expectation of privacy or confidentiality as to the places where the Truck is driven while rented to you. You agree that we may, where permitted by law, use GPS precise location tracking devices installed in the Truck or location data generated by Connected Car technology for the purposes described in our Privacy Notice, including without limitation to track or locate Trucks which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, to analyze and enhance our services, improve efficiency in managing our inventory, maintaining our fleet and otherwise improving our services, and to identify Trucks which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. If you are a representative of a corporate or commercial entity account, you agree to ensure that drivers of fleet Trucks are provided notice and/or consent to such GPS tracking for these purposes where required by law.
14.3 Privacy. We collect, use, and share the personal information you provide to us, information about you that we receive from third parties, and information generated from your visit to our website, use of our mobile applications, and Connected Car Data, including real-time location data and telematics data. For more detail about our privacy practices and your choices with respect to your personal data, please see the full Privacy Notice which may be obtained at budgettruck.com/privacy or by writing to Privacy Office, Avis Budget Group Inc., 379 Interpace Parkway, Parsippany, NJ 07054. To provide you services or in the course of our business operations, we may need to transfer your personally identifiable information ("PII") to locations outside of the country where you rented the Vehicle, and your PII may be subject to laws of other countries. By accepting these Terms and Conditions, you consent to your personal data being exported to countries other than the country where you rented the car, including to the United States of America. By requesting and using our services, you expressly agree to our collection, use and sharing of your PII for as long as the law allows. Download of Your Address Book and Other Information from Your Mobile Device. Some of our Vehicles allow you to connect your personal phone or device via Bluetooth to the Vehicle’s electronic system. If you choose to do so, the Vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the Vehicle’s system screen to delete this information and the device from the Vehicle’s memory. Budget Truck is not responsible for assuring the privacy of any such information, and cannot guarantee that other persons you do not authorize will gain access to this information after you return the Vehicle.
15. Arbitration and Class Action Waiver. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and Budget Truck agree that each shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against Budget Truck, you must send the written notice of the claim to Attention: Budget Truck Rental, LLC, 379 Interpace Parkway, Parsippany, New Jersey, 07054 Attn: Legal Department. If Budget Truck intends to assert a claim against you, we will send written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30-day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by Applicable Law.) Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and Budget Truck arising out of, relating to or in connection with your rental of a vehicle from Budget Truck and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association ("AAA") pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. BOTH PARTIES WAIVE THE RIGHT TO JURY TRIAL. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.
YOU AND Budget TRUCK AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Budget Truck will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Rental Agreement to the contrary, the parties agree that if Budget Truck seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which you have already provided notice to Budget Truck. Information on AAA, its rules, and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.
Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Budget Truck rental, are exempt from the foregoing dispute resolution provision.
16. Reservation Terms and Conditions.
16.1 Confirmation; Rates; Deposits. A Budget Truck reservation only guarantees the rate once confirmed with a credit card deposit, and shows a customer’s preferences for a pick-up location, drop-off location, time of rental, date of rental and equipment type. The pick-up location, drop-off location, time of rental and date of rental selected in a reservation is a preference only and, if a preference selected is not available, Budget Truck reserves the right to offer alternatives to a customer. Rates reserved online do not include applicable taxes, fees, surcharges, additional accessories, protection plans purchased at time of rental, the required refundable deposit, moving supplies or other applicable charges. Charges will be provided at time of pickup. Any online discount may not be combined with any other discounted rate, promotion or offer. For one-way rentals, the average deposit amount is $150. For local rentals, average deposit amount is the greater of $150 or 1.5 times the total estimated rental charges, but may be higher in certain metropolitan areas.
16.2 Equipment; Limitation of Liability. All towing equipment is recommended based on the towing manufacturer's guidelines and the specific vehicle information the customer provided. All equipment selected in a reservation is subject to availability at time of pickup. If the equipment requested is not available, Budget Truck reserves the right to substitute equipment at no additional charge to the customer. Different vehicles may require different towing equipment. Some vehicles may not be suitable for towing and should not be attempted if they exceed the towing manufacturer's guidelines. Budget Truck is not responsible or liable for damages incurred while towing equipment is in use, and does not guarantee or warrant that such equipment is fit for a particular use. Budget Truck will attach the towing equipment to the rental truck at the time of pick up, but cannot drive the tow vehicle onto the towing equipment. This will be the customer’s responsibility. Budget Truck will provide an instruction sheet explaining the proper way to drive a vehicle onto our Towing Equipment.
16.3 Cancellation; Modification. To cancel or modify a reservation in any way, a customer must contact Budget Truck at least 48 hours before the pick-up date and time listed on the Thank You page and in the confirmation email. A customer must contact either the Budget Truck pick-up location provided on the Thank You page on the dotcom website and in the confirmation email or call 1-800-462-8343. Failure to notify Budget Truck at least 48 hours before the pick-up date may result in a $150 Cancellation Fee being charged to the customer's payment card. With a request to modify the pick-up location, drop-off location, time of rental, date of rental and/or type of equipment, the reservation rate may be subject to change.
16.4 No-Show Fee. If a customer cancels less than 48 hours before the confirmed reservation date and time, or fails to appear to collect the reservation, a non-refundable No-Show Fee of $150 will apply.
16.5 Additional Days or Miles. In the online reservation system, Budget Truck provides one-way customers with ample time to complete their move safely. Trip duration estimates for one-way rentals are estimates only. Mileage and trip duration may vary from Budget estimates. Budget Truck will allow customers to purchase additional days or miles by directly contacting the Budget Truck pick-up location shown on the Thank You page. During regular business hours and prior to pick up, a customer can add days at the rate of $70 per day and miles at the rate of $0.70 per mile. This rate applies only to additional days added prior to pick up of the Truck, If a customer reserves additional days and/or miles at the time of pick up or after pick up, $85 per day will be charged for additional days and $0.85 per mile for additional miles. Additional days and miles paid in advance are non-refundable including those purchased but not used. For local rentals, customers will be charged for the actual miles and days he/she uses the equipment.
16.6 Pick Up Requirements. At the time of rental, Budget Truck will require two forms of current, valid identification from the individual signing the rental contract. Acceptable forms of identification include: a valid U.S. issued Driver's License, State Issued Identification, Passport, Social Security Card, Vehicle Registrations, Phone Bill and/or Military ID, place of business photo ID, major credit card and paycheck or pay stub. Budget Truck will also require a valid U.S. issued Driver's License from all drivers of rental equipment. If the rental is being paid for with a payment card, the cardholder must be present with that payment card at the time of pick up.
17. Miscellaneous
17.1 Nature of the Agreement. This Agreement solely grants limited permission, subject to the terms and conditions described in the Agreement, to use the Truck. You are not an agent for us, and this Agreement does not transfer any ownership or other interest in the Truck. You may not assign or transfer the rights granted under this Agreement under any circumstances and any attempted assignment will breach this Agreement but otherwise will have no force or effect.
17.2 Waiver of Certain Types of Damages. You waive any claim against us for incidental, special, or consequential damages in connection with the rental. If a court finds that we have breached this Agreement, your damages shall not exceed the actual charges and fees paid by you to us pursuant to this Agreement.
17.3 Changes or Amendments. No changes may be made to this Agreement except in writing and signed by our authorized representative. You further agree that we have the unilateral right to change these Rental Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Budget web site and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental Truck are different. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Budget web site, which date will be indicated therein, without any requirement by you to sign the changed Rental Terms and Conditions.
17.4 Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Agreement. You may transfer your rights or obligations under these Rental Terms and Conditions to another person only if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
17.5 Cooperation. You agree to cooperate and coordinate with Budget Truck generally and to take any actions Budget reasonably requests in connection with (i) this Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Agreement or your use of the Truck, including without limitation, execution and delivery of any documents Budget Truck reasonably requests, giving testimony under oath, and taking any other actions Budget Truck reasonably requests related to this Agreement or your car rental.
17.6 Contact Information. You agree that we, or any of our third-party vendors, attorneys or agents in carrying out the terms of this Agreement on our behalf, may use and/or contact you at any telephone numbers (including via text message), email addresses, and physical addresses that you have provided to us in connection with this Agreement.
17.7 Severability. If any provision of this Agreement is held or construed to be invalid by any court having jurisdiction over disputes related to this Agreement, such provision shall, if reasonable to do so, be restated to reflect as nearly as possible the original intentions of the Parties in accordance with the law or, if not reasonable to do so, be deemed to be excluded from this Agreement. In any event, all other provisions of this Agreement shall remain in full force and effect.
17.8 Definitions. Wherever we have used the following terms throughout this Agreement those terms have the following meaning:
17.8(a) "Agreement" refers to the Rental Terms and Conditions, Receipts and e-Receipts, documents signed by you or to which you have electronically consented, and any additional documents from us regarding your rental, and a return record with the computed rental charges.
17.8(b) "Applicable Law" means all laws and regulations applicable to this Agreement. You agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the state where the rental begins, without reference to its conflict of laws principles.
17.8(c) "Additional Authorized Driver" means any person(s) other than you who may be authorized to operate the Truck as provided above.
17.8(d) "Day" means (i) a 24-hour period, beginning from the time your rental begins as noted in the Agreement, unless "calendar day" is stated on the Agreement, or (ii) each consecutive calendar day, or any part of a calendar day, but only if "calendar day" is stated on the Agreement.
17.8(e) "Designated Return Location" means the location identified in your Agreement for return of the Truck. If no return location is specified, the Designated Return Location is the same location where your rental commences.
17.8(f) "Designated Return Time" means the date and time identified in your Agreement for return of the Truck.
17.8(g) "Rental Terms and Conditions" means these terms and conditions, along with all included information, provided at the time of Truck rental.
17.8(h) "Truck" means the vehicle assigned to you and any replacement vehicle provided to you pursuant to this Agreement. The term "Truck" includes tires, tools, keys, key fobs, towing equipment, included and optional accessories, plates, documents, and any other products or property provided by Budget Truck with the vehicle and separately rented to you by Budget Truck unless otherwise explicitly specified in the Agreement.
17.9 Captions. The captions or headings in this Agreement are made for convenience and general reference only and may not be construed to describe, define, or limit the scope or intent of the provisions of this Agreement.
18. State and Country Specific Notices. We are required to inform you about the following notices and requirements which may apply if you rent a vehicle from Budget Truck in any of the following states:
ARIZONA:
Return of Vehicle. Arizona Revised Statute Section 13-1806 provides the following, "A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for in the rental agreement. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony." The maximum penalty for this offense is imprisonment for 2 years and a fine of not more than $150,000 for the first offense.
Liability Protection. YOU ACKNOWLEDGE THAT, PURSUANT TO ARIZONA REVISED STATUTES SECTION 28-2166, BUDGET DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, ANY PERMITTED DRIVER OR ANY OTHER DRIVER.
CALIFORNIA:
NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER. You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies. The cost per day of the optional damage waiver is stated on your Rental Contract, Rental Receipt or other documents which make up the Rental Agreement.
Liability Protection. With respect to rentals commencing in California, the Rental Agreement does not afford you, or any other driver, any insurance or protection against liability in those two states. You nevertheless agree to promptly notify us of any accident in which the car is involved and to assist and cooperate with us in the investigation, including any police investigation and handing of such accident or claim of liability against you or us arising out of such accident or otherwise out of your rental. You also agree to promptly advise us of any suit, claim or communication you receive, or which you know another driver of the car receives, that is related to any such accident. You will report any accident or loss involving the car to the police and/or motor vehicle department, as required by local law.
COLORADO:
THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
Colorado Passenger Vehicle Traction Law Disclosure
This disclosure constitutes official notice of the Colorado Passenger Vehicle Traction and Chain Law as required under C.R.S. § 42-4-106(5). The Colorado Department of Transportation may activate the Passenger Vehicle Traction and Chain Law on any Colorado state highway between September 1st and May 31st when weather or road conditions require enhanced traction measures.
Vehicle Requirements: When the law is in effect, all drivers must operate only vehicles that meet the following requirements: The vehicle must be all-wheel drive (AWD) or four-wheel drive (4WD); the vehicle must maintain a tire tread depth of at least 3/16-inch; and the vehicle must be equipped with one of the following: Tires marked "M+S" (mud and snow); winter tires bearing the mountain-snowflake symbol; or all-weather tires as designated by the manufacturer.
Prohibition on Tire Chains: Budget does not provide tire chains. Budget does not authorize or approve the use of tire chains or any alternative traction devices on its rental vehicles. All rental vehicles provided by Budget are equipped to comply with Colorado’s Traction and Chain Law without the use of tire chains.
Compliance: Budget maintains its rental fleet in accordance with applicable state requirements, including ensuring tire tread depth meets or exceeds the minimum requirement; providing vehicles with appropriate AWD/4WD capabilities and properly rated tires; and conducting regular vehicle inspections to verify continued compliance.
Customer Responsibilities: The customer is responsible for operating the vehicle in a safe manner consistent with road and weather conditions; remaining informed as to when the Passenger Vehicle Traction and Chain Law is activated; complying with all applicable traffic laws and regulations; and promptly reporting any vehicle performance or safety concerns to Budget.
Penalties for Non-Compliance: Failure to comply with Colorado traction requirements may result in traffic citations, fines, and liability for any resulting damage, collisions, or traffic disruptions.
Informational Resources: Customers are advised to check current road conditions and traction-law status at COTrip.org or by calling 511. Conditions may change rapidly, including in mountain regions.
CONNECTICUT:
To determine the annualized charge for Loss Damage Waiver ("LDW" or "PDW"), multiply the daily rate found on the Rental Agreement by 365 days. Loss Damage Waiver covers loss or damage due to theft, collision, vandalism, or any other cause. Whether or not you accept Loss Damage Waiver, or if Loss Damage Waiver is not permitted, you are responsible for the loss or damage to the car that is caused by you or by an authorized additional driver through intentional or willful and wanton misconduct; driving while intoxicated or using drugs; participation in any organized or racing competition; transporting persons or property for hire; commission of a felony or an act that could be a felony; failure to complete an accident or theft report; use or operation by an unauthorized driver; violation of the terms of the Rental Agreement; operating off paved roads, use to push or tow something; or obtaining car through fraud or misrepresentation. You should examine your personal auto insurance policy or credit card, including deductible and limit of coverage, because it may cover loss or damage and personal injury incurred while you are using or operating a rental car. If your responsibility for any loss or damage is covered by your own insurance, you will authorize Budget to deal with the carrier. Budget will refund any sum collected above the amount of the cost of repair.
DISTRICT OF COLUMBIA:
Car Seats for Children. Pursuant to D.C. Code Section: § 50–1703, the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer’s instructions. A booster seat shall only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.
Return of Car. WARNING - Failure to return the car you rent in accordance with the terms of the Rental Agreement may result in a criminal penalty of up to 3 years in jail.
FLORIDA:
Return of Car. Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with § 812.155, Florida Statutes.
Liability protection. The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §§ 324.021(7) and 627.736, Florida Statutes.
SEE BELOW FOR A DISCLOSURE ON SUPPLEMENTAL LIABILITY INSURANCE.
HAWAII:
Loss Damage Waiver. LDW is optional. 2. LDW entails an additional charge. 3. The actual charge per day for LDW is stated on your Rental Contract, Rental Receipt or other documents which make up the Rental Agreement. 4. All restrictions, conditions, and provisions of LDW are in Paragraph 3.6. The renter or authorized driver may already be covered for damage to rental vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the rental agreement, renter may be liable for damages, loss, or loss of use to rental vehicle. Renter has read, understands and acknowledges this disclosure.
Fuel service option. If you purchase the fuel service option and you return the Vehicle with a full tank of fuel or more fuel than when you received it, we will give you a credit or a refund for the full amount we charged to you for the fuel service option. If you purchase the fuel service option and you drive the vehicle less than 100 miles, we will give you a credit or a refund for the fuel service option, less the per gallon fuel service charge. You will not receive this fuel service credit if (i) for a rental outside of Hawaii, or (ii) for a rental in Hawaii if you elect the fuel service option and drive more than 100 miles and return the Vehicle with less than a full tank. Fuel service charges and fuel service credits will always be calculated using the per-gallon method for rentals in Hawaii.
ILLINOIS:
Collision Damage Waiver. This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the rental vehicle. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under your own insurance coverage.
Operation of the Vehicle in violation of Paragraph 1.5 (including all subparts) is strictly prohibited, regardless of whether it results in a criminal prosecution. Notwithstanding, and solely for renters in Illinois, Loss Damage Waiver or Partial Loss Damage Waiver will not be voided if the driver violates Paragraph 1.5 unless the driver is convicted of violating § 11-501(a) of the Illinois Vehicle Code.
UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT.
INDIANA:
Loss Damage Waiver. 1. LDW is optional. 2. LDW entails an additional charge. 3. The actual charge per day for LDW is stated on your Rental Contract, Rental Receipt or other documents which make up the Rental Agreement. 4. All restrictions, conditions, and provisions of LDW are in Paragraph 3.6. The renter or Authorized Driver may already be covered for damage to rental vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible. 6. By entering into the rental agreement, renter may be liable for damages, loss, or loss of use to rental vehicle. Renter has read, understands and acknowledges this disclosure.
IOWA:
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE DECLINED.
KANSAS:
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
LOUISIANA:
NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.
EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.
MARYLAND:
NOTICE: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle or shared motor vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents' insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented or motor vehicles shared by the insureds named in the policy for a period of 30 days or less.
Your automobile insurance policy may provide coverage for your liability while operating a rental vehicle. You should check the terms and conditions of your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if you are driving this rental vehicle due to an accident or repairs, state law may require your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the owner of the rental vehicle.
NOTICE: You acknowledge receipt of the Maryland Collision Damage Waiver form included in the Agreement and we will assume, based on your proceeding with the rental, that you understand the disclosures included in that notice.
NOTICE: Additional Liability Insurance or Supplemental Liability Insurance could duplicate coverage required to be provided under § 18-102(a)(2) of the Maryland Transportation Article.
MASSACHUSETTS:
This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts drivers: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.
MICHIGAN:
Under Michigan law, Budget is liable for an injury caused by the negligent operation of the rented car only up to the maximum amounts of $50,000 because of bodily injury to or death of one (1) person in any one (1) accident and $100,000 because of bodily injury or death of two (2) or more persons in any one accident, and only if the car was being operated by the renter or other authorized driver or by the renter’s spouse, domestic partner, father, mother, brother, sister, son, daughter or other immediate family member. The renter may be liable to Budget up to those amounts, and to injured persons for amounts awarded in excess of those amounts.
MINNESOTA:
Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle; and (2) extend the policy’s basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverages to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected in this rental contract is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy.
MISSOURI:
COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.
NEW YORK:
Loss Damage Waiver. This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage. Failure to completely and accurately fill out and return an incident report within ten days of receipt of this notice may make the authorized driver liable for damages sustained to the rental vehicle. Except where the damaged vehicle is determined to be a total loss and subject to salvage, the authorized driver or his or her insurer has seventy-two hours from the return of the vehicle to notify the rental vehicle company that he or she wishes to inspect the damaged vehicle. The inspection must be completed within seven business days of the return date of the vehicle. If the authorized driver or his or her insurer does not request this inspection within the seventy-two hour period, the authorized driver or his or her insurer will be deemed to have waived this right. If the rental vehicle company determines the damaged vehicle to be a total loss and subject to salvage, such seventy-two hour period for notification or waiver of the wish to inspect the damaged vehicle shall not apply, and such right to inspect the damaged vehicle shall expire ten business days from the authorized driver's receipt of this notice from the rental vehicle company at the return of the vehicle or receipt of the first mailing of this notice in the event of return of the vehicle by automation or after hours. Upon request of the authorized driver or his or her insurer, we will provide a copy of our estimate of the costs of repairing the damaged motor vehicle.
Who May Drive the Car. New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). In addition, it is unlawful for any rental vehicle company to refuse to rent a vehicle to any person solely on the requirement of ownership of a credit card.
OREGON:
Our contracts offer, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether or not to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived.
PENNSYLVANIA:
REJECTION OF UNINSURED MOTORIST PROTECTION: You are rejecting uninsured motorist coverage under this rental or lease agreement, and any policy of insurance or self-insurance issued under this agreement, for yourself and all other passengers of this car. Uninsured coverage protects you and other passengers in the car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.
RHODE ISLAND:
Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract. Read the collision damage waiver disclosure provision contained in this rental agreement before signing this agreement.
Notice About Liability for Damage to the Rental Car
The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver.
Insurance or Credit Card Coverage
Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage.
Damage Waiver Coverage
A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it.
If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:
(1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver;
(2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
(3) Damage or loss caused while an authorized driver is engaging in any speed contest;
(4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
(5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement;
(6) Damage or loss incurred while the vehicle is driven, with the renter's permission or accession, by anyone other than an authorized driver;
(7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;
(8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and
(9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.
TEXAS:
Loss Damage Waiver. Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.
Liability Protection. With respect to rentals commencing in Texas, the Rental Agreement does not afford you, or any other driver, any insurance or protection against liability. You nevertheless agree to promptly notify us of any accident in which the car is involved and to assist and cooperate with us in the investigation, including any police investigation and handing of such accident or claim of liability against you or us arising out of such accident or otherwise out of your rental. You also agree to promptly advise us of any suit, claim or communication you receive, or which you know another driver of the car receives, that is related to any such accident. You will report any accident or loss involving the car to the police and/or motor vehicle department, as required by local law.
UTAH:
Failure to return the car within 72 hours of the date and time specified in the Agreement may result in criminal penalties up to 15 years imprisonment and a fine of up to $10,000, or both.
VERMONT:
NOTICE: THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN 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 $5,000.00 FINE, OR BOTH.
VIRGINIA:
THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
WISCONSIN:
WHAT IF YOU FAIL TO PAY A PARKING TICKET?
We Will Charge Your Credit Card For Unpaid Parking Tickets You May Incur While The Vehicle Is In Your Possession.
NOTICE ABOUT CHARGES AGAINST YOUR CREDIT CARD FOR UNPAID PARKING TICKETS
IF YOU FAIL TO PAY any forfeitures, costs, or towing and storage charges for nonmoving traffic violations incurred while you are in possession of the rental or leased vehicle, the rental company may pay those sums and CHARGE TO YOUR CREDIT CARD the amount paid for the forfeitures, costs, or charges plus an administrative fee of not more than $30.
NOTICE: The liability protection described in Paragraph 4.4 will in no case be less that that required by § 194.41, Wisconsin Statutes.
NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR
The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver.
LIABILITY FOR DAMAGE TO THE RENTAL CAR
The Rental Agreement makes you and any Authorized Driver liable for any damage to the rental car caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Total liability for any damage is limited to:
1) reasonable repair costs, less discounts available to us, or the fair market value of the car, whichever is less, and
2) actual and reasonable towing costs, and for storage costs during the period before you notify the rental company of the damage to the vehicle or for 14 days after the damage occurs, whichever period is shorter.
LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN
If a person who drives the rental car without your authorization causes damage to the car, you may be liable for the damage as though you or an authorized person was driving the car unless you do all of the following:
1) Refrain from leaving the ignition key in the car when you are not in the car.
2) Always keep the ignition key in your possession.
3) Immediately report to the local police if you learn the car has been stolen, or that an unauthorized person is driving the car.
4) Cooperate fully with the local police by providing any information you know that may be helpful.
INSURANCE OR CREDIT CARD COVERAGE
Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.
DAMAGE WAIVER COVERAGE
A damage waiver is not insurance coverage. If you purchase a damage waiver for the price per day indicated in your Agreement, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if any of the following apply: - See Prohibited Uses (Paragraph 1.5, including all subparts), and Misrepresentation/Repossession of the Vehicle (Paragraph 1.6).
NOTICE OF RIGHT TO INSPECT DAMAGE
If the car is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified of your and your insurers’ right to inspect the unrepaired car within two working days after we were notified of the damage. If you request, we must also give you a copy of any estimate we have obtained from a repair shop regarding any damage claim. Within 2 working days after receiving that estimate, you may request a second estimate from a competing repair shop and we must give you a copy of the second estimate.
COMPLAINTS
If you have any complaints about our attempt to hold you liable for damages or would like a copy of the state law that fully sets forth your rights and obligations, contact:
Bureau of Consumer Protection P.O. Box 8911, Madison, WI 53708-8911 Call toll-free 1-800-422-7128
ADDITIONAL FLORIDA NOTICE:
Supplemental Liability Insurance (SLI)
What is Supplemental Liability Insurance (SLI)? Budget has Supplemental Liability Insurance ("SLI") available at all Florida locations. SLI is a special optional service offered by Budget when you rent a car from Budget. It’s an "Excess Automobile Liability Insurance Policy" that provides additional liability insurance, within specified limits, above the limits provided in the Rental Agreement. SLI insures you, and authorized operators as defined in the Rental Agreement against claims made by third parties against you, the customer, for bodily injury/death and property damage caused by the use or operation of a Budget rental vehicle as permitted in the Rental Agreement. In Florida, SLI is a separate insurance policy issued to Budget by Empire Fire and Marine Insurance Company, 1299 Zurich Way, Schaumburg, IL 60196, 1-800-987-3373. If you elect to accept SLI for an additional daily charge as shown on the Rental Agreement. The purchase of SLI is not required to rent a car from Budget.
What are the coverage limits provided by SLI? The SLI coverage limits equal the difference between the SLI maximum $500,000 combined single limit in all states and the liability protection limits provided under the Budget rental agreement.
When and where does SLI coverage apply? You and Authorized Drivers are covered while driving the rental car within the United States and Canada, but only if the car is rented and returned in the United States. Coverage does not apply in Mexico.
How do I report a claim? If you are involved in an accident, you must complete an accident report and deliver it to the Budget rental location. To make a claim or give notice of a claim, send written notice to: Budget Rent A Car System, Inc., Attn: Claims P.O. Box 61247 Virginia Beach, VA 23466 and call 866-446-8376.
How does SLI affect the application of your automobile or umbrella insurance policy? Your personal insurance policy providing coverage on an owned automobile, or other personal policy, may provide additional coverage, and to that extent, SLI may provide a duplication of coverage. Whether, at what point and to what extent your own policies apply can only be determined by checking the terms of the policies themselves as these terms frequently vary. However, the protection afforded by SLI (if SLI is accepted), like the Budget rental agreement limits of protection, is primary to your own policies. This means that before your own policies would apply to pay a claim, the $500,000 protection afforded by the combination SLI and the Budget rental agreement limits would have to be exhausted.
What exclusions apply to SLI? The following highlights some of the exclusions that would preclude SLI. It is important that you read the rental agreement and the policy carefully for all exclusions.
Are there any special restrictions on the purchase of SLI? In Florida, SLI may not be purchased if the term of the Rental Agreement is for more than 30 days, coverage may not be provided for more than 30 consecutive days; and if the Rental Agreement is extended beyond 30 days, the coverage may be extended for one time only, for a period not to exceed 30 days. For more information call Budget toll-free at: 1-800-218-7992. Visit Budget online at budget.com.
Specific terms and conditions may be different where required by state law. Details are available in the Certificate of Insurance (or Policy in certain states) on file with Budget which is available for inspection upon request. Budget employees, agents, or endorsees are not qualified to evaluate the adequacy of the renter’s existing coverage.