Terms and Conditions
TERMS AND CONDITIONS
VEHICLE RENTAL / LEASE TERMS AND CONDITIONS RENTY LLC — T&C Rev. 08/10/2023
Customer rents/leases from Renty LLC, subject to all the terms of this Agreement, the Vehicle described in this Agreement and each substitute Vehicle (which may have electronic tracking devices installed that Customer consents to), including all its tires, tools, accessories, equipment, keys, and documents, for personal use only. Please note, we may monitor and record all calls and communications with you.
1. Definitions
“You,” “your,” and “yours” means Customer, all persons signing this Agreement, and all Authorized Drivers. “We,” “us” or “our” means Renty LLC. Time is of the essence for any performance required under this Agreement. THIS AGREEMENT WILL AUTOMATICALLY RENEW AT THE RATE TERM INDICATED UNLESS YOU RETURN THE VEHICLE TO US ON OR BEFORE THE RETURN DUE DATE. YOU PROVIDE US WITH EXPLICIT CONSENT AND PERMISSION TO CHARGE YOUR CREDIT/DEBIT CARD(S) OR DRAFT FROM YOUR BANK ACCOUNT ANY CHARGES DUE UNDER THIS AGREEMENT.
2. Authorized Drivers and License Requirements.
You and any Authorized Drivers must be at least 25 years old, have a valid driver’s license at all times during the Agreement, and are the only persons permitted to drive and operate the Vehicle. If you are between 18-24 years old, we may decide to rent/lease to you with an additional $35-per-day underage fee. You must have a safe driving record. You represent to us you have no DUI/DWI convictions, moving ticket violations, unpaid citations, have not been involved in more than two accidents in the past 24 months. You grant us permission to verify & investigate all information provided in connection with this Agreement and share it with government agencies, including creditworthiness through credit agencies or other sources like DMV records, etc. Based upon such search, we reserve the right to deny a rental/lease and/or terminate the rental/lease at anytime.
3. Rental/Lease; Indemnity and Warranties
This is a contract for rental/lease of the Vehicle for a specific time period which renews automatically for same subsequent periods unless you cancel by returning the Vehicle to us. Rental/ Lease periods are based on Calendar Days meaning you will be charged each day you have the vehicle as 1 whole day regardless of pickup and drop-off time. You agree to provide and update us with accurate contact information (address(s), phone number(s), place(s) of employment, etc.). You understand that if you fail to provide us with current contact information, we may hire an investigative agency at your cost and charge you an administrative fee. Please note we may recover, without notice to you, the Vehicle at your expense and subject to all fees in this Agreement if you fail to make payment to us as required by this Agreement, you abandon the Vehicle, you use the Vehicle to violate any law, or if you violate of ANY term of this Agreement. This also includes failure to return the Vehicle to us within five (5) days after the term in this Agreement has expired or we have provided written notice to you that the agreement has been terminated, pursuant to Vehicle Code Section 10855. Additionally, we may, without prior notice and where permitted by law, seize all personal belongings left in the Vehicle and set off such items against any obligations and charges owed under this Agreement. You agree to indemnify, defend, and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this Agreement or your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree to indemnify us for any direct, indirect, or consequential damages you may experience (like travel, lodging, towing, telephone costs, etc.) as a result of mechanical failure regardless of fault.
4. Prohibited Uses
The Vehicle shall not be used: (a) by anyone other than Customer or Authorized Drivers in accordance with all the terms stated in paragraph 2; (b) by anyone under the influence of alcohol, prescription or non-prescription drugs; (c) by anyone who obtained the Vehicle or extended the rental/lease period by giving us misleading, false, or fraudulent information; (d) under circumstances that could be properly charged as a crime other than a minor traffic violation; (e) to carry persons or property for hire, carry dangerous or hazardous items or illegal material; (f) to push or tow anything; (g) in a race or speed contest; (h) to teach anyone to drive; (i) in Mexico or outside of San Diego County without written authorization from us ($250 fee for such violations); (j) on unpaved surfaces; (k) when the odometer has been tampered with or disconnected; (l) when it is reasonable to expect you to know that further operation of the Vehicle would damage it; (m) by anyone who lacks experience driving a vehicle equipped with manual transmission; (n) to transport an animal, (o) without payment to us for the Vehicle; and (p) without maintaining/providing current contact information, credit/debit card(s), and/or insurance coverage. In addition, you agree not to: (1) smoke inside the Vehicle; (2) give the keys, control, or possession of the Vehicle to anyone not authorized by this Agreement; (3) tamper with the Vehicle or its equipment, (4) remove or disassemble any part or accessory of the Vehicle; (5) attempt to sell or re-rent/lease the Vehicle; (6) violate paragraphs 2 and 3 above. Any violation of this section constitutes a material breach of this Agreement.
5. Inspection; Condition and Return of Vehicle
You must return the Vehicle to us in the same condition you received it. You grant us, our agents, assigns and each person with a financial interest in the Vehicle the right to inspect it during the rental/lease period. You will check and maintain Vehicle fluid levels during the rental/lease term and bring the Vehicle for regular and maintenance (like oil changes, DMV tags, etc.). You will stop driving the Vehicle and notify us immediately if a check engine light turns on. If you agreed to a weekly or monthly rental rate but return the Vehicle before the due date, you will be charged the daily rate instead for the entire contract term. You must return the Vehicle on the date/time specified in the Agreement with the same fuel level and in the same condition you received it, except for ordinary wear. If you return the Vehicle after closing hours, you remain responsible for all damage to the Vehicle until we are able to inspect it. You release us, our agents, and employees from all claims for loss or damage to personal property that was left with us or carried in the Vehicle; we may dispose of any property left in the Vehicle more than 30 days in any manner we choose.
6. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Parking Citations
You are responsible for: (a) physical and mechanical damage to the Vehicle up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) loss due to theft of the Vehicle up to its fair market value, provided that, you failed to exercise ordinary care while in possession of the Vehicle; (c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle, provided that, you have responsibility for theft of the Vehicle; (d) physical damage to the Vehicle up to a total of $500 resulting from vandalism unrelated to a theft of the Vehicle; (e) actual charges for towing, storage, impound fees paid by us if you are liable for damage or loss; (f) our loss of rental income due to damage to the Vehicle until the Vehicle is repaired; and, (g) an administrative charge according to the schedule appearing in California Civil Code Section 1936. You may purchase Collision Damage Waiver (CDW) and/or Loss Damage Waiver (LDW) if you desire to be released from liability for collision or physical damage to the Vehicle subject to corresponding terms and conditions. You must report all Vehicle accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, tolls, fines for toll evasion, and other fees, fines and penalties assessed against you, us, or the Vehicle during the rental/lease (referred to herein as “Citations”). If you fail to pay a Citation and we are notified that we may be liable for payment, you will reimburse us for all amounts we may pay on your behalf, plus pay an administrative fee as described in paragraph 9 for each such charge or notice. You are also responsible for maintaining the Vehicle including all reasonable repairs due to your use like flat tires, drained batteries, etc.
7. Insurance
You are responsible for all damage or loss you cause directly or indirectly to others and us, subject to any CDW or LDW you have purchased from us. With CDW we waive our right to collect the entire amount of damages you may cause to our Vehicle beyond a deductible of $1,500. If you are 24 or younger, we may require a deposit of $500 and deductible of $1,500. You agree to provide primary auto liability, collision, and comprehensive insurance covering you, us, and the Vehicle. You authorize us to act as your agent to obtain, renew, extend any insurance required at your cost. Your insurance is primary. If you have no auto liability insurance in effect on the date of a loss, or if we are required by law to provide liability insurance, we will provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels required by California. You and we reject medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement or if you fail to cooperate in a loss investigation conducted by us or any insurer. Giving the Vehicle to an unauthorized driver terminates Policy coverage. You hereby assign us all insurance rights, title, benefits, interest, proceeds, and any causes of action under any insurance policy you maintain in connection with your use of the Vehicle and fulfillment of the terms of this agreement. Furthermore, if payment is made on your behalf for any claim, you authorize and grant us a limited power of attorney to endorse such payments to fulfill the terms of this agreement. You are responsible for all deductibles.
8. Charges, Costs, Payments and Cancellations
You will pay us all charges due under this Agreement plus: (a) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; (b) all expenses we incur recovering theVehicle for breach of any term of this agreement; (c) all costs, including prejudgment interest, pre-and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing the terms of this Agreement; (d) Charges not paid on time will incur a $25.00 late fee, plus a 2% periodic monthly charge on all outstanding balances; (e) fuel surcharge fee if you return the vehicle with less fuel than when rented; (f) mileage charge based on our experience if the odometer is tampered with; and, (g)towing, storage charges, citations, forfeitures, damages, court costs, penalties and all other costs/losses incurred from your use of the Vehicle during the rental/lease. If you initiate a chargeback with your credit card, then a card chargeback fee will apply. Any payment(s) received will first be applied to damages then other charges. We may report outstanding balances on your credit.
09. Collision Damage Waiver/Loss Waiver
This is optional and can be canceled at any time you notify us. Such coverage might be duplicative of existing coverage you may already have through a credit card or your own insurance; it is your responsibility to verify. If we offer it to you: The cost of an optional damage waiver is $____ for every day. Note, such coverage is void if you violate paragraphs 2 and 4. I accept loss of CDW/LDW coverage: _____________ OR I reject CDW/LDW coverage: ____________
10. Fuel Options
You will be charged a full tank of fuel at a 20 Cent per gallon discount to current market rates and then you may return the Vehicle with as much or as little fuel as you like. I agree to the prepay:_______________.
11. Special Terms and Charges
You understand and agree the following special terms and charges apply to this Agreement:
​
‣Ticket, Tolls & Citation Fees: Failure to pay your ticket resulting in a notice sent to us: $30.00. If we have to prepare an affidavit based on your non-payment of a ticket: $30.00.
‣DMV Registration Sticker or License Plate Replacement: Actual cost plus $50.00 each.
‣Contact Information: Failure to maintain pursuant to paragraph 3: costs, plus $45.00.
‣Impounded Car Releases: $150.00.
‣Credit Card Chargeback: $120.00
‣Vehicle driven out of San Diego County:$250.00 without authorization.
‣Security/Deposit Hold: $300.00 / $500 hold for less than 24 years old; we reserve the right to higher deposits (Funds released to debit/credit card approximately 7-9 business days after vehicle is returned to ensure no tickets etc.)
‣Background Check Fee: $12 Non-Refundable when paying with a Debit Card
‣Additional Driver Fee: $25.00 each
‣Smoking Fee/Smoke smell in Vehicle: $350.00
‣Vehicle excessively dirty or foul odor: $350.00
‣Each stain found in Vehicle will be $30.00; each hole/tear in carpet or seats $50.00 or actual cost to repair
‣Vehicle exterior/interior cleaning fee (each): $25.00
‣Windshield Chips: $50.00
‣Windshield Crack: Actual Replacement cost
‣Vehicle Recovery: $975.00 or actual cost(whichever is higher).
‣Liquid other than correct fuel in tank: $700 or actual cost to repair (whichever is higher).
‣Admin Fee for damage estimates if no CDW/LDW pursuant to Civ. Code 1936 (Ranges between $50-$150 according to damage)
‣Reservation Cancellation Fee: 15% of payment made for reservation.
‣No Show Fee: 100% No Refund
‣Mileage: 125 per day (excess $0.25 per mile)
‣Locksmith: $40 (plus $0.50/mile)
‣Service Calls without Roadside Assistance: Battery Replacement: $100, locksmith $240 (business hours) $320.00 after hours, other services $30/hr, plus 0.50/mile)
‣Fixing/replacing keys: $700.00
‣Vehicle Re-key Fee if key/car stolen: $1500.00
‣Failure to bring vehicle in for maintenance: $100
‣Any contract beyond 28 days shall be a lease
‣Vehicle Licensing Fee (VLF): Prorated at ($0.72/day).
Note: Monthly Contracts are calculated on a 28-day basis (7 days times 4 weeks). Additionally, vehicles not returned by the due time, after a 29-minute grace period, will incur an hourly fee equal to one-half of the daily rate. After two hours, you will be charged to the next whole date under your applicable rate.
12. Breach of Agreement
You waive all recourse against us for criminal prosecutions we take against you for breach of this Agreement. Either you or us can initiate an action to enforce the terms of this agreement with exclusive venue in San Diego, CA. In such an action, the prevailing party shall be awarded its attorneys’ fees and costs.
13. Modifications
No term of this Agreement can be waived or modified except by a writing that we have signed or on a form that we provide. If you wish to extend the rental period you must return the Vehicle to our office for inspection and written amendment by us of the Date Due In. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding the use of the Vehicle are void.
14. Waiver
A waiver by us of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise our rights under this Agreement does not constitute a waiver of another provision of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special, or punitive damages in connection with this transaction or the reservation of a vehicle. If a provision of this Agreement is deemed void the remaining provisions are valid and enforceable.
15. Severability
If any provision, term, or condition of this Agreement is held illegal or unenforceable, such provision, term, or condition shall be severed and be inoperative, however, the rest of the Agreement remains legal, enforceable, and binding.
I have read, understood, and agree to all terms of this Agreement.