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September 17, 2007
PUBLIC STORAGE SELECTS BUDGET TRUCK RENTAL AS EXCLUSIVE THIRD PARTY PROVIDER OF RENTAL TRUCKS
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THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
1. RENTAL: You rent from us the vehicle and other property and accessories listed on the Rental Document (collectively the “Truck”). Such property may include a tow dolly, car carrier, auto transport equipment or other towing devices provided by us under this agreement at additional charge. Such property is sometimes separately referred to in this agreement as “Towing Equipment”. You agree that this rental is solely a bailment for mutual benefit. You acknowledge that the Truck is owned by us that you have no authority to sublease or transfer the Truck and that any attempt to do so is void and constitutes a breach of this agreement. You are not, nor is any driver of the Truck, an agent, servant, or employee of us for any purpose whatsoever. The terms “you” and “your”, refer to the person who signs the Rental Document. The terms “we”, “us” and “our” refer to Budget Truck Rental, LLC.
2. AGREEMENT: These terms and conditions, the Rental Document signed by you, any other supplemental Budget forms or brochures attached to, or included with, the Rental Document, and a return record with computed rental charges together constitute the rental agreement between you and us. It is the entire agreement between us concerning this rental. Any change in this agreement or our rights must be in writing and signed by an authorized Budget Truck Rental, LLC officer. You also agree that you are not our agent for any purpose. Your copy of this agreement should be carried in the truck at all times during the rental. By signing the Rental Document you agree to all the terms and conditions of this agreement. If any provision of this agreement is ruled by a court of competent jurisdiction to violate any applicable law, then that provision will not be enforced to the extent of such ruling but the remainder of this agreement will remain in effect.
3. 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 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.
4. PROHIBITED USE OF TRUCK: Certain uses of the truck and other things you or an Authorized Additional Driver may do, or fail to do will violate this agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO LIABILITY PROTECTION, SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENTINSURANCE, CARGO PROTECTION, EXTENDED ROADSIDE ASSISTANCE, OPTIONAL PHYSICAL DAMAGE WAIVER, LIMITED DAMAGE WAIVER OR COMMERCIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this paragraph if you use or permit the truck to be used as follows:
a) Recklessly or for conduct that could properly be charged as a felony or misdemeanor, including the transportation of controlled substances or contraband;
b) To push or to tow anything other than Budget Towing Equipment, such as anyone else’s trailer including your own or using Budget Towing Equipment on your own or any else’s vehicle;
c) When the Truck 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, nor with any load improperly placed or secured;
d) Driven by anyone other than you or an Authorized Additional Driver;
e) In a race, test or contest or off an improved road or paved surface;
f) 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;
g) In a manner that aids in the vandalism or theft of the Truck, such as by leaving the Truck without removing or securing the keys or not closing and locking all doors and windows;
h) If the Truck is obtained upon the basis of false or misleading information;
i) While the driver is under the influence of alcohol or a controlled substance;
j) To transport any car, truck, animal or human being inside the cargo section of the Truck;
k) In any 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;
l) Anywhere other than the contiguous United States (i.e., Alaska, Canada or Mexico);
m) 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;
n) Fueled improperly, 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”);
o) Fail to promptly report any damage to or loss of the Truck when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate fully with our investigation; or where required by law, failed to report an accident to law enforcement;
p) Intentional acts or torts;
q) To 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 to the extent permitted by law.
5. WHO MAY DRIVE THE TRUCK: You represent that you are a capable and validly licensed driver and that your license has not been suspended, revoked, or restricted in any way. In addition to you, only the following persons and no others are Authorized Additional Drivers who may drive the Truck: a) Consumer Rentals – persons named on the rental document at the start of the rental (spouse and domestic partners are not Authorized Additional Drivers unless named on the Rental Document) for which privilege you will pay an additional charge, b) Commercial Rentals/ No BTR Account – only the person listed on the Rental Documents as the Driver. For an additional charge, the following additional persons may drive the Truck: your employees, regular fellow employees, employer or formal business partners while engaged in business purposes, with your explicit permission, c) Commercial Rentals/BTR Account – (defined as your having an established commercial account with us) your employees, regular fellow employees, employer or formal business partners while engaged in business purposes, with explicit permission, provided that such business rental originates through the BTR 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 DERTERMINE OR OBTAIN THE APPROPTIATE LICENSES, SIGNAGE AND DOCUMENTATION TO DRIVE THE TRUCK. ANY DRIVERS SUBJECT TO AN INTERLOCK (ALCOHOL) 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.
6. 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 my 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.
7. RETURN OF THE TRUCK: You will return the Truck to us, in the same condition as when you rented it, on the due date and at the time specified on 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 be charged a late return fee. You will return the Truck to the location at which you rented it unless a different return location is designated on the Rental Document. IF YOU DO NOT RETURN THE TRUCK TO THE PROPER RETURN LOCATION, YOU WILL PAY A CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHANGE. If no due date and time are specified on the Rental Document, you will return the Truck upon the earlier of our demand or three (3) days of the date the Truck was rented. IF THE TRUCK IS NOT RETURNED BY THE DUE DATE AND TIME SPECIFIED ON THE RENTAL DOCUMENT, 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 THEY WERE IN 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 AGREEMENT. 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 THE TRUCK IS NOT FOUND ON THE PREMISES YOU WILL BE IN BREACH OF THIS AGREEMENT.
8. REPOSSESSING THE TRUCK: We may terminate this agreement and repossess the Truck at any time in our sole discretion for reasons that include, but are not limited to the following: whenever we find it, without notice to you, if it is found illegally parked, being used in violation of the law or the terms of this agreement (such as if we learn that the Truck was obtained upon the basis of false or misleading information, or you attempt to transfer the Truck), or if the Truck appears to be abandoned or Budget Truck Rental is notified that the Truck is about to be towed, impounded or damaged in any way or if the Truck is being used in a manner likely to cause reputational harm to us. All costs and expenses of us having to repossess the Truck, such fines, towing, impound fees and reasonable attorney fees will be your sole responsibility and you will pay us for them. If you do not return the Truck in the time specified for its return, or sooner on our demand, or if we learn that the Truck was obtained upon the basis of false or misleading information, we may consider the Truck converted or stolen by you and take any legal action to recover it without any notice, or further notice, to you.
9. BREACH OF AGREEMENT, HANDLING PROPERTY AND ASSOCIATED COSTS: If you do not honor your obligations under this agreement, in addition to our damages we will be entitled to reasonable costs, expenses, a reasonable administrative fee and attorney’s fee to enforce this agreement. If we repossess the Truck, we will have a lien on all of your property in the Truck or any equipment attached to the Truck. That lien will be 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. We will be entitled to our reasonable costs associated with doing that. 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.
10. RENTAL CHARGES AND COLLECTIONS:
A. You agree to pay all charges, including rental charges, cost recovery fees, airport facility fees and/or concession recovery fees, energy recovery fees, surcharges, other fees, applicable taxes and all other monies due to us under this agreement, 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. We may apply deposit left by you at the time of rental to the charges. If you present a credit card as means of payment at the time of rental, at the time 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. Any payment by credit card is governed by the terms of your cardholder agreement with the card issuer. If we permit you to pay by check, you agree to pay us a fee for any check used for payment if charges that 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. 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 Documents 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 actually used by you. All charges are subject to final audit by us. If our audit reveals an undercharge or overcharge, you will pay us the difference that is due for any undercharge; and we will refund to you any overcharge.
B. If you do not pay all amounts due to us under this agreement when due, including without limitation payment for loss or damage to the Truck you agree to pay a late charge of 1 1/2 % per month or the highest rate permitted by applicable law, whichever is less, on any past due balance. You will pay any costs that we incur in seeking to collect such balance, including, without limitation, administrative fees, recovery fees, court costs and reasonable attorney’s fees. If the law permits, we may contact you, or your employer, at your place of business about payment. You agree that we or our collection agent may use the address provided by you on the Rental Document as the place to send any demands or collections notice.
11. MAINTENANCE AND INSPECTION: You agree to maintain adequate oil and coolant levels in the engine. 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. 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 vehicle when parked (other than a/c condensation), or low power.
12. FINES, EXPENSES, COST AND ADMINISTRATIVE: COMPLIANCE, TAXES, FEES, PERMITS, TICKETS, AND FINES: YOU WILL COMPLY WITH ALL LAWS APPLICABLE TO YOUR USE OF THE TRUCK INCLUDING STOPPING AT OPEN WEIGH STATIONS AS REQUIRRED OR DIRECTED, OR NOT USING RESTRICTED LANES OR ROADS. You agree to pay for any taxes, special license, permits, fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of this agreement, such as for repossessing or recovering the truck for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee you agree and acknowledge that we cooperate with all federal, state, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
You are responsible for payment of all tolls incurred during the rental period. 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 Trucks 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 (see “Opting Out of e-Toll”), 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. Opting Out of the PlatePass service: You may avoid the PlatePass fees on any day during the term of the rental if 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. 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, credit card/debit information, and other rental information) with the Toll Administrator. You also authorize the Toll Administrator and Budget Truck to charge your credit/debit 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 credit card/debit 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. 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.
YOU CAN AVOID THE CONVENIENCE FEE AND ANY OTHER TOLL CHARGES BY PAYING THE TOLL IN CASH, USING YOUR OWN ELECTRONIC TOLL DEVICE, OR AVOIDING ANY CASHLESS TOLL ROAD OR PASSAGE.
You authorize us to release the rental and credit/debit card information regarding your rental to ATS Processing Services, LLC and affiliates (ATS) as our agent for the purpose of processing and billing you for tolls and toll violations incurred by you or assessed against us or the vehicle during your rental. You authorize ATS as our agent to bill the credit/debit card you used to rent the vehicle or you will be invoiced in the absence of a card on file. You authorize ATS to contact you directly regarding any tolls, toll violations, tickets, citations, fines and penalties incurred by you or assessed against us or to our vehicle while the vehicle was rented to you. In the event we use a third party collection and/or administrative agent, you agree to pay all costs and collection fees including, but not limited to, administrative and legal costs to such agent upon demand without protest. You agree to indemnify and hold us and ATS harmless for any tolls, tickets, citations, fines, penalties and administrative fees.
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.
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.
For additional information visit: https://budgettruck.platepass.com or call 1-844-224-9505.
13. 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. EXCEPT FOR TIRE DAMAGE RESUTING FROM CURBING OF TIRES OR IF THE TRUCK IS INVOLVED IN A COLLISION WITH AN OVERHEAD OBJECT, SUCH AS A TREE, OVERPASS, OVERHEAD LINE OR GARAGE STRUCTURE, if you accept either PDW, LDW or CDW at the time of rental, pay the PDW, LDW, or CDW fee, for each full or partial rental day, and the Truck is operated in accordance with this agreement, your responsibility to us for loss of or damage to the Truck is waived or limited to the extent set forth as your “responsibility” on the Truck is waived or limited to the extent set forth as your “responsibility” on the Rental Document. (“OVERHEAD” IS DEFINED AS ANY DAMAGE TO THE TRUCK AT OR OVER 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.
14. LOSS/DAMAGE TO THE TRUCK: Unless you accept PDW, LDW or CDW at the time of rental and pay the PDW, LDW or CDW fee, 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. This includes, among other causes, loss or damage caused by collision, accident, theft, vandalism, fire, flood, explosion, natural or unknown causes. You are also responsible for and will pay us, as part of our loss, for: Any diminution in value of the Truck that remains after repair; actual towing, storage, impound and other related fees; plus our loss of use, based on reasonable downtime, 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 FROM PUTTING THE WRONG FUEL IN IT, OVERLOADING, OR FAILING TO HAVE THE TRUCK SERVICES 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 so badly that we declare it a total loss, you will be responsible for and will pay us our book value or the actual cast 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. You will immediately report any accident loss or theft of the Truck to the “800” telephone number shown on the back panel of these Terms and Conditions. You will promptly complete a Budget Accident Report form. 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.
15. PERSONAL PROPERTY AND CARGO RESPONSIBILITY: UNLESS I ACCEPT THE OPTIONAL PERSONAL ACCIDENT AND CARGO PROTECTION AT THE TIME OF RENTAL AS PROVIDED IN PARAGRAPH 20, WHICH PLAN IS ONLY AVAILABLE TO ME IF AM NOT A COMMERICAL CUSTOMER AND AM USING THE TRUCK FOR NON-COMMERICAL PURPOSES, AND PAY THE FEE FOR THAT PROTECTION, I AGREE THAT YOU WILL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE TO MY CARGO OR OTHER PROPERTY OWNED BY ME OR IN MY POSSESSION EXCEPT WHEN THE LOSS OR OWNED BY ME OR DAMAGE TO MY CARGO OR OTHER PROPERTY OWNED BY ME OR IN MY POSSESSION EXCEPT WHEN THE LOSS OR DAMAGE WAS DUE SOLELY TO YOUR INTENTIONAL WRONGDOING. I ASSUME ALL SUCH RISK OF LOSS OR DAMAGE AND AGREE TO RELEASE, INDEMNIFY, AND HOLD YOU HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM SUCH LOSS OR DAMAGE.
16. LIABILITY PROTECTION, SUPPLEMENTAL LIABILITY INSURNCE AND INDEMNITY:
A. If the Truck is rented for personal use, and if there is no violation of this agreement by prohibited use (paragraph 4), 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 applicable to truck owners. 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 applicable to truck owners 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 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 truck 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 apply. 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.
B. If the Truck is used for commercial (non-personal use) purposes, you will be required to select one of the liability coverages or provide a certificate of insurance pursuant to Paragraph 17 below.
C. BASIC LIABILITY INSURANCE (BLI): When added to the Rental Agreement, Budget Truck Rental, LLC will extend its coverage to take primary position up to 100/300/25. Your own liability insurance will not be called on to contribute unless, and until, the 100/300/25 has been exhausted. This coverage extension comprises $10,000 bodily injury (one party max) or $300,000 bodily injury (all parties max) and $25,000 for property damage (another vehicle, light pole, guard rail, etc.).
D. If you accept Supplemental Liability Insurance (“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 $1,000,000 for each person for bodily injury, death or property damage, but not more than $1,000,000 for each accident, instead of the minimum limits stated in paragraph 16A. SLI will be provided to you and any Additional Authorized Driver under a separate policy of excess liability insurance more fully described in the brochure available at the rental counter; and is subject to all the conditions and limitations described in the brochure available at the rental counter; and is subject to all the conditions and limitations described in paragraph 16A., 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 13 and 14) or unless your personal car insurance policy covers such damage or loss. Please speak with your insurance agent regarding the coverages under your policy.
E. You agree to release, indemnify, and hold us and our insurance carries harmless from and against any and all expense (including attorney fees), damage and/or liability arising out of the use or operation of the Truck, which are: i) in excess of the limits of liability described in Paragraphs 16A, 16B, 16C or 16D or (iii) which are excluded from coverage, or not otherwise covered under Paragraph 16A, 16B, 16C or 16D.
F. Subject to applicable law, the protection provided under Paragraphs 16A, 16B, 16C or 16D does NOT apply: (i) if the Truck is obtained, used, or operated in violation of paragraph 4; (ii) to loss or damage to property owned by you, in the Truck or for any reason in your care, custody, or control, and (iii) to any tow dolly, car carrier, or trailer not rented from us or not attached to the Truck.
17. COMMERCIAL ACCOUNT CUSTOMER PROVIDED INSURANCE:
A. 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.
B. You 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), 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 16A. 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.
18. IDEMNIFICATION AND WAIVER: You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the truck by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the rental.
19. 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 EQUIPEMENT, 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 DAMAGETO 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 car as set out in this agreement and the Auto Tow Protection as set forth in paragraph 20, 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 www.budgettruck.com/add-ons/tow/car-tow-dolly OR DOWNLOAD THE VEHICLE TOWING GUIDE also found on our website.
20. OPTIONAL PERSONAL ACCIDENT AND CARGO PROTECTION: 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. Personal Accident and Cargo Protection is offered by an independent insurance company and is explained in a brochure available at the rental counter.
21. OPTIONAL AUTO TOW PROTECTION: THIS OPTIONAL PROTECTION IS AVAILABLE ONLY TO NON-COMMERCIAL CUSTOMERS USING THE TRUCK FOR NON-COMMERCIAL 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. TRUCK BEING TOWED MUST BE THE TYPE OF TRUCK IDENTIFIED ON THE RENTAL AGREEMENT AT THE ORIGINATION LOCATION. Auto Tow Protection is offered by an independent insurance company and is explained in a brochure available at the rental counter.
22. OPTIONAL ROADSIDE SAFETYNET™: This OPTIONAL PROTECTION is available at all participating locations. THIS OPTIONAL PROTECTION IS AVAILABLE ONLY TO NONCOMMERCIAL CUSTOMERS USING THE TRUCK FOR NON-COMMERCIAL PURPOSES. If you accept Roadside SafetyNet TM (“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. Roadside SafetyNet is void and of no effect, if, prior to or at the time of the incident necessitating Roadside Assistance, you, (or any Authorized Driver) were in violation of the Rental Agreement, including without limitations, the prohibited uses and violations set forth therein. In such cases, regardless of whether we elect to terminate the Rental Agreement and take possession of the rental equipment, standard charges and service fees will apply to any emergency roadside services.
23. ARBITRATION: Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Budget Truck Rental agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Budget Truck, you must send the written notice of the claim to Attention: Budget Truck Rental, LLC, 6 Sylvan Way, Parsippany, New Jersey, 07054 Attn: Legal Department. If Budget Truck Rental is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PREDISPUTE 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: 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 Rental arising out of, relating to or in connection with your rental of a truck from Budget Truck Rental and these Rental Terms and Conditions shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND BUDGET TRUCK RENTAL AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, however, neither you nor we are entitled to 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 Rental will pay as much of your fi ling 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 these rental terms and conditions to the contrary, we agree that if Budget Truck Rental 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) that you had already provided notice to Budget Truck Rental. 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, rentals are exempt from the foregoing dispute resolution provision.
24. USE OF GPS TRACKING DEVICES: We use GPS tracking devices to track or locate trucks which may be deemed missing, abandoned or otherwise reported stolen, suspected of being stolen or as may be required by law enforcement, or to identify trucks which have been damaged and may require roadside assistance, when we a good faith belief that there is an emergency that poses a threat to the safety of your or another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. In addition, if equipped and where permitted by law, the GPS device in the truck, in connection with your smart phone, may also be used to process the rental including when your rental may start, when it may end, the fuel levels in the truck and the mileage on the truck.
25. PRIVACY DISCLOSURE: We collect, use and share your personal information (PI) with affiliates, licensees and other third parties to: (a) provide and administer Our services You request, including use of corporate discounts and loyalty programs; (b) carry out relevant identity, security, driving license and credit checks; (c) maintain, develop and improve the administration and management of Our services; (d) protect Our interests and enforce Our rights, including pursuing available remedies or limiting damage that We may sustain; (e) protect the rights, privacy, safety and/or property of You and others; (f) comply with or as permitted by law; and (g) provide You information about goods and services We think may interest You, unless You opt out. You may limit the use and sharing of Your PI for marketing purposes, and You may access or correct Your PI. Certain trucks contain devices to monitor truck condition, performance and operation and track truck and driver related behavior, such as speed, fuel consumption, distance travelled and current truck location. This information may be used by Us during and after the rental period (if applicable law allows). To provide You services or in the course of Our business operations, We may need to transfer Your PI to locations outside of the country where You rented the truck, and Your PI may be subject to laws of other countries. By requesting and using Our services, You expressly agree to Our collection, use and sharing of Your PI for as long as the law allows. For more detail about Our privacy practices please see the full Privacy Notice which may be obtained at www.budget.com/privacy or by writing to Privacy Office, Avis Budget Group Inc., 6 Sylvan Way, Parsippany, NJ 07054.
Reservation Terms and Conditions
A 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 Rental ("BTR") reserves the right to offer a customer alternatives.
All equipment selected in a reservation is subject to availability at time of pickup. If the equipment requested is not available, BTR reserves the right to substitute equipment at no additional charge to the 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.
If a customer needs to cancel or modify a reservation in any way, he/she must contact BTR 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 BTR pick-up location provided on the Thank You page and in the confirmation email or call 1-800-462-8343. Failure to notify BTR in this time frame may result in a $75 Cancellation Fee being charged to the customer's credit/debit 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.
A customer will be charged a $75 No Show Fee that fails to result in an open rental agreement within 24 hours after the proposed pick up time.
In the online reservation system, Budget 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 will allow customers to purchase additional days or miles by directly contacting the Budget Truck Rental 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. 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.
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 your total estimated rental charges, but may be higher in certain metropolitan areas.
If a customer chooses to pay for a rental with a credit card or debit card, the cardholder must be present with his/her credit/debit card at the time of rental.
At the time of rental, Budget 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 will also require a valid U.S. issued Driver's License from all drivers of rental equipment.
All towing equipment is recommended based on the towing manufacturer's guidelines and the specific vehicle information the customer provided. 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 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 the particular use. Budget Truck will attached 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.