FAQ, Term of Services and Legal

Rental Contract Additional Terms and Conditions

ADDITIONAL TERMS AND CONDITIONS

Renter agrees by Renter’s signature on the Rental Agreement Summary (hereinafter referred to as the “Summary”) or by clicking the “I Accept” button at a rental kiosk, or via an internet rental, or via Self check-in that Renter has read, is aware of, accepts full responsibility for and is bound by the terms and conditions contained in these Additional Terms and Conditions and in the Summary (collectively as the “Contract” herein), hereof for the Rental Period. In the event that Owner assigns a new rental agreement number during the Rental Period for the purpose of invoicing Renter, though subsequent agreements are not executed by Renter, Renter acknowledges and agrees that the terms and conditions in this Contract will govern for the period ending when Renter executes a subsequent rental agreement. Renter agrees that electronic signatures have the same force and effect as manual signatures. Renter expressly acknowledges that Renter and Owner are the only parties to this Contract, notwithstanding that a reservation for Vehicle may have been arranged by a third party; that a third party may pay for all or part of the rental bill; and/or that a third party may negotiate certain terms of the rental, including but not limited to the type of Vehicle, length of rental, rental rate and/or selection of optional products. For matters arising from the Contract, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. The Contract is the entire agreement between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.

1. Definitions: For the purposes of this Contract, the following terms are specifically defined:

a. “Additional Authorized Driver(s)” [AAD(s)] means any individual in addition to Renter who is permitted to operate Vehicle. This includes individuals identified on the Summary as ADDITIONAL AUTHORIZED DRIVER(S), (subject to durational limits stated on the Summary, if any), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license. An additional fee may apply;

b. “Optional Accessories” means but is not limited to optional child seats, non-pre-installed global positioning systems, and similar products and services, ski racks, toll transponders and/or other products accepted by Renter.

c. “Owner” for the purposes of this Contract means “the Company” shown on the Summary;

d. “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner;

e. “Renter” means the person, or entity identified on the Summary as “RENTER”;

f. “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s), inclusive of vehicle as equipped and furnished by the manufacturer and any equipment added by Owner.

2. Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate, even if owned, registered or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. Renter agrees Renter received Vehicle in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees not to alter or tamper with Vehicle or any Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.

3. Payment by Renter.

a. For items designated as either “/hour”, “/day”, “/week” or “/month” on the Summary:

(1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the start time of the rental.

(2) If “day = 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.

(3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.

(4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.

(5) “/month” is 30 consecutive 24 hour days beginning at the start time of the rental.

(6) Unless expressly modified on the Summary, all charges are for a minimum of 1 day.

b. Renter shall pay Owner, its affiliates or agents amounts as set forth on the Summary for:

(1) The hour, day, week and month charges on the Summary for the Rental Period. The “/hour” charge, if shown on the Summary, shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day. If Vehicle is returned during non-business hours or to any place other than the Branch Location on the Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.

(2) The kilometre charge per kilometre for all kilometres exceeding any free kilometres set forth on the Summary permitted for the Rental Period.

(3) The Optional Accessories, services and/or products charges for those items accepted by Renter.

(4) The charges for the rental of the toll collection transponder, if applicable. The optional Tollpass Service accepted by Renter provides for the daily rental of a toll collection transponder or, in some states or provinces, the use of a pre-installed device or video-monitored toll collection services. In addition to the daily charge for the Tollpass Service, Owner, its affiliate or a third party may separately charge Renter’s credit or debit card (or bill Renter, as applicable, for cash rentals) for each toll (or other charge) incurred using the transponder, pre-installed device or video monitored service during the Rental Period within the Tollpass Service area at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. Renter expressly authorizes Owner or its affiliate to transfer to a third party: Renter’s name, address, credit/debit card information, and other data necessary to enable the collection of all such amounts. No credit is provided for days the transponder is not utilized. Tollpass Service has a limited service area; attempting to use the service outside the service area may subject the Renter and/or any AAD(s) to fines and penalties see Paragraph 3.c.(4.). A current listing of Tollpass Service area covered roads is available upon request, at “www.htallc.com/tollpass” or 1-877-765-5201.

(5) The fuel charge at the rate shown on the Summary. If the fuel charge is based on consumption and Vehicle is returned with less fuel than when rented, the charge shall be for the Owner’s estimated difference in fuel level. The difference in fuel level will be calculated based on the difference shown on the fuel gauge (rounded to the nearest 1/8th) between rental date and return date or as determined by a pre-installed Telematics Device in the Vehicle. If Renter purchases the Fuel Service Option, then Renter’s fuel charge shall be the per gallon charge multiplied by the fuel tank capacity of Vehicle rented. Renter shall not receive a refund or credit if Vehicle is returned with more fuel than when Renter received it or for any unused fuel. The fuel charge is not a retail sale of fuel.

(6) The one way fee (for returning to a predetermined location other than the Branch Location on the Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age.

(7) The other fees and charges (none of which are taxes) including but not limited to:

(a) Any airport Consolidated Facility Charge, Customer Facility Charge or similarly designated charge (CFC), which is required to be paid by Owner or collected from Renter in connection with this rental, for the construction, financing, operation and/or maintenance of the consolidated rental car facility, other airport facilities, and/or transportation related facilities, and/or any other permissible use of the CFC under relevant federal, provincial or municipal laws, ordinances, or regulations, and/or relevant agreements, and

(b) The Concession Fee Recovery, Concession Fee Recoupment, or similarly designated charge (CONC REC), Premium Location Charge (PRE LOC CHG), Customer Transaction Charge (CTC) or similarly designated charge, which is Owner’s charge to recover certain amounts paid by Owner to the rental facility’s owner or operator in connection with this rental for the privilege of operating at the facility.

(c) The Facility Fee Recovery (FAC REC), Premium Location Charge (PLC) or similarly designated charge, which is Owner’s charge to recover the estimated charges and costs, which may include rent paid by Owner to the owner, operator or agent of the location being serviced by Owner for this rental or to the owner, operator or agent of the location of the Branch Address on the Summary.

(d) The Vehicle License Recovery (VLF REC) which is Owner’s charge to recover Owner’s estimated average daily cost per vehicle of the charges imposed by governmental authorities to title, register and plate vehicles in its rental fleet registered in province of rental including air conditioning tax, tire tax and battery levy where applicable. The VLF REC is not calculated based on the costs imposed upon a particular vehicle.

(9) The Car Class Change fee.

c. Additional Obligations of Renter – Unless prohibited by law Renter shall pay Owner, its affiliates or agents:

(1) If Renter returns Vehicle to a location other than the designated return location, a vehicle recovery fee, unscheduled one way fee or drop charge which shall be no more than the greater of: a) $100.00; b) $0.33 per kilometer between return location and original rental office; or c) Owner’s adjusted daily, weekly or monthly rate applicable on the date of return.

(2) For damage to, loss or theft of Vehicle or Optional Accessories, including all related costs (see paragraph 7), if DW, as described in paragraph 17 or RAP, as described in paragraph 18, do not apply.

(3) A fee to clean Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors or other soilage.

(4) All fines, costs, charges and attorneys’ fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period (Fines, Tolls and Violations). Without advance notice, Renter agrees to the payment of all Fines, Tolls and Violations by Owner, its affiliates or a third party, and that such amounts, plus Processing Fees, may be collected from Renter by Owner, its affiliates or a third party. Renter agrees that such collection is not a transfer of liability where prohibited. Renter agrees that such payment may prejudice, waive, and relinquish (and Renter agrees to waive and relinquish) Renter’s ability and right to contest Fines, Tolls and Violations and/or any legal violation underlying same (Violative Action) with the applicable authority. Owner, its affiliates or a third party may assess a fee of up to $35 per each of the Fines, Tolls and Violations (Processing Fees) to apply towards all costs incurred in connection with the Fines, Tolls and Violations and their administration.

(5) For use of the optional Tollpass Service, a Tollpass Convenience Charge (TCC) (where available) of up to $7.00 per day of the Rental Period for each day Vehicle is operated on a Tollpass Service area covered road and Vehicle operator does not pay an applicable toll or rent a toll collection transponder from Owner, if available. Total TCC charges will not exceed $35.00 per Rental Period. To avoid the TCC, Renter may (i) use toll-free roads and bridges, (ii) pay tolls with cash (where applicable), or (iii) use any of the other methods described in our toll brochures and the Citations and Tolls FAQ on the FAQs page at www.enterprise.ca, which vary by toll road/bridge. In addition to the TCC, Owner or a third party may separately charge Renter’s credit or debit card for each toll not paid by Vehicle operator incurred during the Rental Period at the higher of the applicable toll authority’s cash toll rate or highest undiscounted toll rate. A current listing of TCC Covered Roads is available upon request, at “www.htallc.com/tollpass” or 1-877-765-5201. Operation of Vehicle on a roadway or bridge not covered by TCC where applicable tolls are not paid may subject the Renter to fines, costs and fees see Paragraph 3.c.(4.) above

(6) A late charge of 1½% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.

(7) All expenses incurred by Owner in the collection of amounts due Owner under the Contract or in regaining possession of Vehicle or in enforcing any term or condition of the Contract, including attorneys’ fees, Owner’s administrative fees, and any other costs or expenses incurred by Owner.

(8) A fee to recharge an electric Vehicle (Battery Electric or Plug In Hybrid Electric) if Vehicle is returned with less charge than when rented.

(9) RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER AND PROVIDE TO ANY THIRD PARTY, WITHOUT NOTICE TO RENTER, RENTER’S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO PROCESS PAYMENT FOR, ENABLE THE COLLECTION OF, OR TRANSFER LIABILITY FOR ALL AMOUNTS RENTER IS OBLIGATED TO PAY UNDER THIS PARAGRAPH 3.C, INCLUDING, WITHOUT LIMITATION, TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD, AND ANY FINES, TOLLS, VIOLATIONS, PROCESSING FEES, OR ANY VIOLATIVE ACTION.

(10) The taxes, fees and other mandatory charges imposed by provinces, states, counties and other governmental authorities.

d. The Tire Recovery Fee (TRF), which is Owner’s estimated average daily cost per vehicle to purchase, store, install, remove, manage and transport tires specifically designed for winter driving pursuant to the Quebec Highway Safety Code. The cost is not calculated based on the cost of tires related to a specific vehicle.

e. Agreements and acknowledgements regarding payment cards –

(1) IF A CREDIT CARD OR DEBIT CARD IS PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THE CONTRACT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. IF OWNER INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES OWNER TO RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.

(2) The authorization or deposit amount on the Summary will be taken by Owner as an authorization or sale. Such funds will not be available for use by Renter until after Vehicle is returned. One or more incremental authorizations and/or deposits may be taken during the Rental Period if Renter incurs additional charges.

(3) Renter acknowledges final amounts charged to Renter’s card may exceed amounts shown on the Summary, if Renter incurs charges not included in such amounts.

f. Owner reserves the right, in its sole discretion, to set off or deduct from any amounts owed from Owner to Renter under the Contract any amounts owed from Renter to Owner under the Contract. Owner will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to Owner within 20 business days after Owner has confirmed the full extent of such obligations. Where applicable for payments made by cash, check or money order, any such excess will be refunded by check.

All amounts are subject to final audit by Owner.

4. Prohibited Use and Termination of Right to Use.

a. Renter agrees to the following limits on use:

(1) Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner’s prior written consent.

(2) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training or testing.

(3) Vehicle shall not be used for any illegal purposes, in any illegal fraudulent, or reckless manner, in a race or speed contest, or to tow or push anything.

(4) Vehicle shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.

(5) Renter shall not remove any seats from Vehicle.

(6) Vehicle shall not be driven by any person impaired by or under the influence of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.

(7) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GVWR) which is, weight of Vehicle plus weight of load, as indicated on the driver side door jamb, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.

(8) Vehicle shall not be driven, except in an emergency, on anything other than a paved public highway or suitable graded private or public road or driveway, or over bridges posted for a maximum weight of 2,721.55 kg or less.

(9) Vehicle shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver’s licence; whose driver’s licence becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts to/from Owner material to rental, use or operation of Vehicle.

(10) Renter shall not transfer or assign the Contract and/or sublease Vehicle.

(11) Vehicle shall not be used to store or transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature.

(12) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.

b. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the Branch Location on the Summary or on Owner’s demand and in same condition as received, ordinary wear and tear excepted. Extensions to the Rental Period are at Owner’s option.

c. In the event of any violation of the limits on use or any other provision of the Contract, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, including loss or damage to contents, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.

d. If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend and hold Owner harmless against any liability arising from such notice. Renter remains responsible for all charges, costs, taxes, fees and obligations as set forth in Paragraph 3. Any use of the Vehicle in a manner prohibited in this paragraph shall, to the extent permitted by applicable law, void Personal Accident Insurance/Personal Effects Coverage (PAI/PEC).

5. Roadside Assistance. For roadside assistance in the U.S. and Canada call 1-778-767-0018 and you will be connected to a third-party roadside assistance provider that, depending on your location and circumstances, may be able to dispatch personnel capable of performing roadside services to your location. Charges apply for any service(s) provided to Renter.

6. Accidents. Accidents involving Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings arising from such accident. In the event of a claim, suit or legal proceeding, Renter, AAD(s) and all other parties seeking benefits pursuant to this rental contract shall cooperate fully with Owner and its representatives. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. Cooperation shall Include, but not be limited to, consent to: (i) examinations under oath at Owner’s or Owner’s representatives’ request and furnishing a signed statement of testimony. and; (ii) request for statements, written or oral, and/or other matters Owner or its representatives deems related to the adjustment of any claim, suit or proceeding: Vehicle may be equipped with an Event Data Recorder or similar device (EDR), infotainment system and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit or legal proceeding.

7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. Except to the extent restricted, modified or limited by provincial or state law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory occurring during the Rental Period regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner. If Vehicle is not returned, stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of the Contract, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are not returned Renter shall pay owner the replacement cost of the Optional Accessories. Renter is responsible for all towing, storage or impound fees, and other costs incurred by Owner to recover Vehicle and to establish damages. Renter agrees to pay any taxes, fees and other mandatory charges imposed by provinces, states, counties and other governmental and/or airport authorities. Renter agrees to pay a sum for loss of use, regardless of fleet utilization, calculated as follows: (i) if Owner determines Vehicle is repairable: total labor hours from the repair estimate divided by 3 multiplied by the daily rate (including any Car Class Change) on the Summary; (ii) if Owner determines Vehicle is repairable and the repair invoice does not include labor hours: the daily rate on the Summary multiplied by .25; (iii) if Vehicle is not returned, stolen and not recovered or Owner determines Vehicle is salvage: 15 days at the daily rate on the Summary. Renter also agrees to pay: (a) an administrative fee of $75.00 when the repair estimate is less than $5,000.00 or $150.00 when the repair estimate is $5,000.00 or greater; (b) a sum for diminishment of value if Vehicle is repairable calculated as 10% of the repair estimate if the damages are greater than $499.99. If Vehicle is returned during non-business hours or to any place other than Branch Location on the Summary, any damage to, loss or theft of, Vehicle or Optional Accessories occurring prior to an employee of Owner checking in and inspecting Vehicle is Renter’s responsibility. SEE PARAGRAPH 17 FOR INFORMATION ON OPTIONAL DW.

8. Motor Vehicle Liability Insurance. Except to the extent required by the motor vehicle financial responsibility laws of the applicable province, state, or otherwise by law, Owner does not provide insurance coverage or motor vehicle financial responsibility to Renter, AAD(s), passengers or third parties through the Contract. If liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable state or provincial motor vehicle financial responsibility law, such insurance is primary and Owner extends none of its insurance or motor vehicle financial responsibility. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Contract and if Owner is obligated to extend its insurance or motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s obligation is limited to the applicable provincial or state minimum financial responsibility amounts. Renter and AAD’s agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s Representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD. To the extent required by law, Owner’s insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. Owner does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties. Owner’s financial responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan or contract. Owner or affiliates financial responsibility does not provide coverage for nor extend to 1. Punitive or exemplary damages (these include damages which may be imposed to punish a wrongdoer or deter others from similar conduct).; 2. Fines; 3. Penalties; 4. Treble damages; or 5. Multiplied or multiple damages imposed upon any permissive operator. This punitive damage exclusion shall further apply to any claim for uninsured or underinsured motorist coverages. There is no coverage for any costs, interest, or damages attributable to punitive or exemplary damages.

9. Indemnification by Renter and Driver.

a. Renter and driver shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Owner and/or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle by any person.

b. With respect to the protection provided by optional DW, if purchased, Owner or its affiliate(s) waives indemnification in accordance with paragraph 17. SEE PARAGRAPH 17 FOR MORE INFORMATION ON DW.

c. In the event legal liability is imposed upon Owner or its affiliate(s), renter and/or driver due to an accident or occurrence, motor vehicle liability insurance available to the renter and/or driver are primary coverage and must respond to the liability of the Owner or its affiliate(s), renter, and driver.

d. In the event that legal liability is imposed on Owner or its affiliate(s) due to an accident or occurrence, Renter and AAD(s) shall indemnify and hold harmless Owner or its affiliate(s) for the amount of any such liability.

10. Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection. Except as required by law, or as provided by the insurance or motor vehicle financial responsibility described in paragraph 8, Owner or its affiliate do not provide personal injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through the Contract. Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law. Renter, AAD(s) and all other parties seeking benefits pursuant to this rental contract agree that any misrepresentation, false or misleading information supplied to Owner or Owner’s representative and/or refusal to cooperate (including, but not limited to, the failure to provide statements or an examination under oath) with Owner or Owner’s representatives during any claim, suit or proceeding may result in the declination of any such claim. Renter shall be responsible for assisting Owner in obtaining any necessary cooperation from an AAD.

11. Personal Property. Owner is not responsible for any damage to or theft of Renter’s personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental transaction. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) or in any way arises out of Renter’s or Renter’s passengers failure to remove any personal property, including but not limited to data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle and/or any Optional Accessories. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior renter’s or passenger’s failure to remove any personal property, data or records from Vehicle and/or any Optional Accessories. Renter acknowledges and agrees that no bailment is or shall be created upon Owner, whether actual, constructive or otherwise, for any personal property carried in or left in Vehicle or on Owner’s premises. SEE PARAGRAPH 18 FOR INFORMATION ON OPTIONAL PAI/PEC.

12. Use in Mexico. Vehicle shall not be taken into Mexico.

13. Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under the Contract, Renter hereby assigns to Owner Renter’s right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under the Contract; provided however, certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/day” charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than: the normal “/day” charges as calculated under the Contract; or third party’s per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.

14. Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of Attorney:

a. to present insurance claims of any type to Renter’s insurance carrier if:

(1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or

(2) Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.

b. to endorse Renter’s name to entitle Owner to receive insurance payments directly for any such claims, damages, liabilities or rental charges.

15. Severability. If any provision of the Contract is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. Where both a French and English version of the Contract have been provided, the English version shall govern on any questions of interpretation and in resolution of any ambiguity or conflict.

16. Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under the Contract and/or if Vehicle or any Optional Accessory has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach, Vehicle failure, and/or any Optional Accessory failure, Owner’s sole liability to Renter and AAD(s) and Renter’s and AAD(s)’ sole remedy is limited to the substitution of another similar Vehicle and/or Optional Accessory by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle. RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s) AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s). Renter further acknowledges that any personal data or Information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

17. Optional Damage Waiver. Damage Waiver is not insurance and is not required in order to rent Vehicle. Renter may purchase optional Damage Waiver (DW) from Owner for an additional fee. If Renter purchases DW, Owner agrees, subject to the actions that invalidate DW listed below, to contractually waive Renter’s responsibility for all or part of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Owner’s contractual waiver shall be limited to the amount initialed on the Summary where applicable. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost or damaged keys, key fobs, transponders, electric Vehicle charging cables, Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico.

When deciding whether or not to purchase DW, Renter may wish to check with Renter’s insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, Renter has coverage or protection for such damage or theft and the amount of Renter’s deductible or out-of-pocket risk.

THE FOLLOWING ACTIONS SHALL INVALIDATE DW:

a. if Vehicle is damaged when used or driven:

(1) by any person other than Renter or AAD(s) without Owner’s prior written consent;

(2) by any person if there is reasonable evidence the driver was impaired by or under the influence of narcotics, intoxicants, or drugs, used with or without a prescription;

(3) by any person committing a felony or otherwise engaged in a criminal act;

(4) in a race or speed contest;

(5) to tow or push anything;

(6) under authority of any licence that is suspended, revoked, invalid or does not belong to the driver;

(7) to transport persons or property for hire;

(8) in a wanton or reckless manner or if Vehicle is deliberately damaged;

(9) except in an emergency, on anything other than a paved public highway or suitable graded private or public road or driveway, or over bridges posted for a maximum weight of 2,721.55 kg or less;

(10) to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind; or

b. if Renter misrepresents facts to Owner pertaining to rental, use, or operation of Vehicle whether before or after any loss and/or damage; or

c. if Vehicle’s interior components are stolen or damaged when Vehicle is unlocked or keys are not secured; or

d. if Renter fails or refuses to provide Owner, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Owner, police, or other authorities in the investigation of any accident or vandalism; or

e. if Vehicle is stolen and Renter fails to do any of the following:

(1) return the original ignition key(s) and Owner’s key tag identifying Vehicle;

(2) file a police report within 24 hours after discovering the theft;

(3) cooperate fully with Owner, police and other authorities in all matters connected with the investigation of the theft; or

(4) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.

18. Other Optional Protection Products.

A. Personal Accident and Personal Effects Coverage (PAI/PEC) PURCHASE OF PERSONAL ACCIDENT AND PERSONAL EFFECTS INSURANCE (PAI/PEC) IS OPTIONAL AND NOT REQUIRED TO RENT A VEHICLE. THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE PAI/PEC POLICY ISSUED BY AIG INSURANCE COMPANY OF CANADA. UPON REQUEST, A COPY OF THE POLICY IS AVAILABLE FOR REVIEW. PAI/PEC MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY FURNISHED BY A PERSONAL ACCIDENT INSURANCE POLICY, PERSONAL EFFECTS INSURANCE POLICY, COMPREHENSIVE HOMEOWNER’S, CONDOMINIUM OR TENANT’S POLICY, EMPLOYERS OR CREDIT CARD INSURANCE OR SOME OTHER SOURCE. BENEFITS AVAILABLE UNDER PAI/PEC, HOWEVER, WILL BE PAID IN ADDITION TO THOSE RECEIVED FROM ANY OTHER SOURCE. OWNER’S EMPLOYEES, AGENTS OR ENDORSEES ARE NOT QUALIFIED TO EVALUATE THE ADEQUACY OF RENTER’S EXISTING COVERAGE.

PAI/PEC does not provide coverage outside of Canada and the U.S. PAI/PEC is available for an additional charge as stipulated on the Summary. “Renter” is the person who signs the Contract.

The Personal Accident Coverage Section (PAI) contained in the policy provides Renter and Renter’s passengers with Accidental Death, Medical Expenses and Dental benefits.

PAI Benefits: Renter Passenger

Accidental Death, Not to exceed $250,000 $125,000

Medical Expenses Up to $5,000 Up to $5,000

Dental Up to $200 per tooth Up to $200 per tooth

but not exceeding but not exceeding

$1,000 per accident $1,000 per accident

Accident Aggregate, not to exceed $500,000 per accident.

The above PAI benefits for Renter apply to accidents occurring during the Rental Period for both Renter and Passengers while they occupy the Rental Vehicle.

PAI Exclusions:

For all exclusions, see the PAI/PEC policy issued by AIG INSURANCE COMPANY OF CANADA. Following are a few key exclusions: The policy shall not cover any death or injury caused wholly or partly, directly or indirectly by suicide, attempted suicide, or self-inflicted injury; or while committing or attempting to commit an assault or felony; an accident which occurs while You are under the influence of alcohol or narcotics, unless prescribed by a physician; loss arising out of Your the use of a Rental Vehicle when such use is in violation of the terms and conditions of the Contract

The Personal Effects Coverage Section (PEC) contained in the policy insures the personal effects of Renter and Rental Passengers who are traveling with Renter, against risks of loss or damage while in transit or in a

All automobiles on public highways in Alberta, including rental vehicles, are required to carry basic automobile insurance coverage that includes no-fault medical benefits up to $50,000, and that those medical benefits last for two years after a collision. Owner is compensated for a portion of the insurance premiums charged by insurers.

B. Optional Roadside Assistance Protection: Owner agrees to contractually waive Owner’s right to collect from Renter for the following services: (i) lost and damaged key replacement (including remote entry devices), (ii) flat tire replacement (if no Inflated spare is available, Vehicle will be towed) but the cost of a replacement tire is not waived, (iii) lockout service (if keys are locked inside Vehicle), (iv) vehicle jumpstart, (v) a fuel delivery of up to 3 gallons (or equivalent liters) of fuel if Vehicle is out of fuel, and (vi) a tow to the nearest charging source due to loss of battery charge for Battery-Electric Vehicles. RAP does not waive any charges incurred in Mexico.

19. Personal Information; Owner’s Collection and Use of Vehicle Data; Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps.

a. Customer Privacy: Renter understands and agrees to the collection, use, disclosure and storage of personal information by Owner for the purposes of: (i) providing assistance with reserving, renting, purchasing and leasing motor vehicles; (ii) providing roadside assistance, emergency and other services; (iii) providing information on Owner’s car sales, ride-sharing and fleet services; (iv) providing Renter by mail, email and other electronic messages with discounts, coupons, offers and information that may be of interest; (v) obtaining Renter’s feedback on satisfaction with Owner’s services by contacting Renter by e-mail, mobile phone or other phone number provided on the Rental Contract; (vi) compiling statistics and analysis about Renters’ use of Owner’s sites, products and services; (vii) helping operate, maintain and improve systems and sites; and (viii) as otherwise set out in Section 19(b) below and in Owner’s privacy policy (“Privacy Policy”), as may be amended from time to time and which is incorporated herein by reference and available at https://www.luminosomotors.com Renter may opt out of receiving commercial electronic communications, including for marketing purposes, or from receiving telemarketing or customer satisfaction calls. If Renter wishes to exercise this opt out, request access or corrections to their personal information, or otherwise make an enquiry about Owner’s privacy practices, Renter can contact Owner through its Global Privacy Portal, at https://www.luminosomotors.com requests, call 1-778-767-0018.

b. Telematics Data: Renter acknowledges that Vehicle may be equipped with pre-installed event data recorders, global positioning devices, OnStar® and other communications systems that may be connected to the Internet or cellular services, or other similar technology (“Telematics Devices”). Renter acknowledges and agrees to (1) the collection of data from Telematics Devices (“Telematics Data”) by Owner and, in certain instances, the Vehicle manufacturer and other authorized third parties, including vehicle location information, collision information, and vehicle information, such as vehicle operational condition, mileage, tire pressure, fuel status, and other diagnostic and performance information; and (2) the use and disclosure of Vehicle location data and other Telematics Data: (i) to generate vehicle usage, performance and other similar information, including to fulfill the Vehicle rental services; (ii) to provide Renter, AAD(s) or other passengers with roadside assistance, emergency and other services; (iii) to locate the Vehicle when the Vehicle is suspected to be lost, stolen or abandoned; or (iv) where required by law. Data may be used and stored by Owner after the expiration of the Contract. Further details about Owner’s treatment of Telematics Data are set out in Owner’s Privacy Policy at https://privacy.ehi.com.

c. Renter’s Use of Vehicle’s Navigation and Infotainment Systems and Vehicle Manufacturer Apps:

1. If Renter, AAD(s) or any passenger pairs a mobile device with the Vehicle’s navigation or infotainment systems and chooses to use OnStar, Apple CarPlay, Android Auto or other similar third party software or services on the Vehicle, or if you choose to use any navigational features on the Vehicle’s Infotainment systems or other device (Including Optional Accessories), your personal information and other data may be transferred and stored on these systems. Owner cannot guarantee the privacy or confidentiality of such information. It is Renter’s sole responsibility to delete all such personal information and other data from these systems or devices before returning Vehicle to avoid subsequent occupants of Vehicle accessing this information.

2. If Renter downloads a mobile application made available by the Vehicle manufacturer or other third party and Renter registers the Vehicle in that application, Renter’s use of the application may result in the sharing of Telematics Data and other information (including location information and personal information) with the Vehicle manufacturer or other third party, as applicable. Renter’s use of these applications is strictly governed by the mobile application’s terms and conditions and privacy policy and Owner is not in any way responsible for, and Renter releases Owner from, any claim or cause of action which may arise from Renter’s use of these applications. Prior to returning the Vehicle, it is Renter’s responsibility to either remove the application or delete the Vehicle from the application.

20. Headings. The headings of the numbered paragraphs of the Contract are for convenience only, are not part of the Contract and do not in any way limit, modify or amplify the terms and conditions of the Contract.

21. Text and Call. By signing on the front of the Summary, Renter agrees to the Text & Call Terms and Conditions, and thereby provides express consent for Owner or Owner’s representative to contact Renter at the phone number(s) provided in connection with the Contract to deliver, or cause to be delivered, informational or transactional outreach, including customer surveys, via live, prerecorded, or autodialed calls or texts. Renter’s consent to receiving these calls or texts is not a condition of any purchase or rental agreement. For further details about Owner’s privacy practices, please see Owner’s privacy practices as set out at www.luminosomotors.com or by contacting Owner as set out in paragraph 19(a) above.

22. Choice of Law. All terms and conditions of the Contract shall be interpreted, construed and enforced pursuant to the laws of the province where the Contract is executed by Renter without giving effect to the conflict of laws and/or provisions of such Province.

23. Dispute Resolution Provision – Mandatory Arbitration Agreement (THIS PROVISION DOES NOT APPLY TO RENTAL TRANSACTIONS ORIGINATING IN THE PROVINCE OF QUEBEC): RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THE CONTRACT, INCLUDING BUT NOT LIMITED TO, CLAIMS RELATING TO OWNER’S PRODUCTS AND SERVICES, COMMUNICATIONS WITH RENTER, CHARGES, ADVERTISINGS, OR RENTAL VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “RENTER” ALSO INCLUDES ANY AUTHORIZED DRIVER UNDER THE AGREEMENT, AND ANY OF RENTER’S AGENTS, BENEFICIARIES OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “OWNER” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING BUT NOT LIMITED TO ITS SERVICE PROVIDERS AND MARKETING PARTNERS. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVED AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of the Rental Agreement. However, Renter and Owner agree that either Renter or Owner may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only and is not made part of a class action, private attorney general action or other representative or collective action. The Renter and Owner also agree that claims against or by a third-party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.

(1) Procedure: Renter or Owner, as applicable, must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the claim; and (b) the relief sought, to the Renter or Owner, as applicable. The Notice to Owner should be addressed to: Baker & McKenzie LLP, Brookfield Place, Suite 2100, 181 Bay Street (PO Box 874), Toronto (Ontario) Canada M5J 2T3 (“Notice Address”). If Owner and Renter do not resolve the claim within thirty (30) days after the Notice is received, Renter or Owner may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by the Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or Owner that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Renter and Owner with due consideration of their ability to travel and other pertinent circumstances. If Renter or Owner are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither Renter or Owner nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both Renter and Owner.

(2) Arbitrator’s Authority: The arbitrator is bound by the Contract, the Federal Arbitration Act (“FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Contracts, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual claimant, whether Renter or Owner.

(3) Arbitration Costs: Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.

(4) Governing Law and Enforcement: Notwithstanding anything in paragraph 22, the domestic arbitration act of the provincial or territorial judicial district of the Rental Location applies to this Dispute Resolution Provision and governs whether a claim is subject to arbitration. If any portion of the Dispute Resolution Provision is deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of the Dispute Resolution Provision remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.

24. Customers with Disabilities. Customer service inquiries or complaints related to customers with disabilities, please call 1-778767-0018, email us at luminosomotors@gmail.com.

Owner is an affiliate of Luminoso Motors Inc., which owns all rights to Luminoso Motors names and marks. Additional Terms and Conditions updated 29/12/2024.