CAR RENTAL AGREEMENT

 

         

                                                                          BETWEEN

 

 

                                    ______________________________________________________

                                                                           (“The Client”)

 

 

                                                                                 AND

 

 

                                                             PLATINUM AUTO RENTALS LLC

 

                                                                        (“The Company”)

 

THIS CAR RENTAL AGREEMENT is made on the ……..…… day of…………..…………20……..…, is entered into by and between the Client and the Company  (Client and Company collectively referred to herein as the “Parties” or individually as the “Party”).

WHEREAS:

  • The [PLATINUM AUTO RENTALS LLC] (the “Company”), a corporation organized and existing under the laws of the [NEW YORK].
  • The CLIENT :

First Name(s):

________________________________________

Surname:

________________________________________

Identity / Social Security or Other (Specify) number:

________________________________________

Physical Address:

________________________________________

THEREFORE, in consideration of mutual promises, representations, covenants, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree to the following terms and conditions and to be bound thereby:

  • RENTAL VEHICLE

The Company hereby agrees to rent the Client the following vehicle (“Vehicle”):

Make: __________________ Model: __________________

Year: ___________________ Color: ___________________

Mileage: ________________ VIN: __________________

  • RENTAL PERIOD

The Company agrees to rent the vehicle to the Client for the following period:

Start Date: ___________________ End Date: _____________________

  • MILEAGE LIMIT
  • Mileage of the Rental Vehicle is mileage at the time of commencement of this Car Rental Agreement.
  • Mileage on the vehicle will be limited to 100 miles per day.
  • Any mileage on the vehicle in excess of this limitation will be subject to an excess mileage surcharge of [Excess.Mileage.Fee] per mile.
  • RENTAL FEES

The Client hereby agrees to pay the Company for use of the vehicle as follows:

Fees: $______ per day / week.

Fuel: Renter shall pay/is not required to pay for the use of fuel.

Excess Mileage: $______ per mile

Deposit: $_______.

Cleaning Fee:  $350

Loss of Car keys: $450

  • SECURITY DEPOSIT
  • The Client will be required to provide a security deposit to the Company in the amount of

[ …….] dollars (“Security Deposit”)

  • The Security Deposit is to be used in the event of loss of or damage to the vehicle or equipment during the term of this Car Rental Agreement to defray fully or partially the cost of necessary repairs or replacement.
  • The Security Deposit shall be forfeited if the Client travels over 100mph or in the event of an auto accident.
  • In the absence of damage or loss, said deposit shall be credited toward payment of the Rental Rate, and any excess shall be returned to the Client.
  • TERM OF THE AGREEMENT
  • The Client understands that the Company has installed a GPS monitor on the rental vehicle.
  • The Client agrees to share the location of the rental vehicle with the Company at all times.
  • The Client agrees not to travel at a speed of over 100 mph and to share with the Company the speed at which the vehicle travels, along with any harsh acceleration/deceleration.
  • The Client agrees not to drive the car at excessive speeds.
  • The Client shall not engage in any unlawful activities, including drifting, donuts, and excessive speeding.
  • The Client will be required to return to the Company a clean vehicle with a full tank of gas (93 gas) accompanied with payment receipts.
  • The Company strongly prohibits smoking in the vehicles; any evidence of smoking in the vehicle will result in the Client paying a cleaning fee of $350, that shall be duly deducted from the Security Deposit.
  • In the event, the Client returns a dirty vehicle, a cleaning fee of $350 shall be deducted from the Security Deposit.
  • The Client agrees to return the vehicle with all contents undamaged in the vehicle.
  • IN THE EVENT OF AN AUTO ACCIDENT
  • In the event the Client is involved in an auto accident with the Company’s rented vehicle;-
  1. The Client shall ensure that the Client and their passengers are all right.
  2. Pull the vehicle to safety and call 911.
  3. In the event another vehicle is involved in the accident, the Client shall obtain and exchange the following information from the involved parties:

Name_____________________

Physical Address_____________________

VEHICLE INFORMATION

License plate number_____________________Year____________________

Make_____________________                           Model____________________

  1. If possible, the Client shall be required to also document the damages with photographs.
  2. In the event of an accident and/or incident, the Client shall reach out to the Company via our emergency phone number {EMERGENCY PHONE NO}.
  3. The Company shall organize the vehicle to be picked up by a tow truck to be brought to a local repair shop.
  4. If the vehicle is required to undergo repairs at the local repair shop, the Company shall charge the Client a fee equal to the daily rate of the rented vehicle. The fee is meant to cover the losses the Company has incurred while the car is in the shop.
  5. The Client shall be required to initiate or file a claim with their insurance company.
  6. All the Company’s packages offer drop-off delivery. When the rental vehicle is dropped off at an agreed-upon location, a Platinum Auto Rental Representative shall be present to hand over the vehicle.
  • DAMAGES AND DEFECTS ON THE VEHICLE

This clause is to be filled in by a Platinum Auto Rental Representative.

The Parties acknowledge the existing damage to the vehicle as notated below:

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

____________________________________________

 

  • REPRESENTATIONS AND WARRANTIES

 

  1. The Company represents and warrants that to the Company’s knowledge, the Rental Vehicle is in good condition and is safe for the ordinary operation of the vehicle.
  2. The Client represents and warrants that the Client is legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws or in any negligent or illegal manner.
  3. The Client has been given an opportunity to examine the Rental Vehicle in advance of taking possession of it. Upon such inspection, is not aware of any damage existing on the vehicle other than that notated by separate Existing Damage document.
  • INDEMNIFICATION

Regardless of insurance coverage, The Client shall fully indemnify the Company for any loss, damage, and legal actions, including reasonable attorneys fees that the Company suffers due to the Client’s use of the vehicle during the term of this Agreement, including but not limited to, damage to the vehicle, damage to the property of others, injury to the Client, and injury to others. This provision survives the termination of this Agreement.

 

 

  • DISPUTE RESOLUTION
  1. If any dispute arises between the Parties related to this Agreement, it shall be resolved by mediation between and among the parties. Parties shall act in good faith to resolve the dispute.
  2. In the event that a dispute cannot be resolved through good faith mediation, the Parties agree to submit to either binding mediation, arbitration, or litigation.
  3. In the event of mediation, the prevailing Party will be entitled to its legal fees, including, but not limited to, its attorneys’ fees.
  • INSURANCE

The Company agrees that only the vehicle is covered under insurance, and the driver or passengers are not covered. The Company also agrees that personal belongings and other items left in the vehicle at any time are not covered.

  • VARIATION TO THE AGREEMENT

Either Party may request variations to the Agreement.  The Parties shall enter into discussions to agree on any required changes, revised pricing, and time for performance.  Such variations will only be effective if agreed in writing by the Parties.

  • NO WAIVER

Except where this Agreement provides otherwise, the rights and remedies contained in it are cumulative and not exclusive to rights or remedies provided by law.  The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.

  • SEVERABILITY

If any provision of this Agreement is declared by any judicial or other competent to be void, voidable, illegal or otherwise unenforceable, the Parties shall amend that provision in such reasonable manner as achieves the intention of the Parties without illegality or at the discretion of the Company, it may be severed from this Agreement and the remaining provisions of this Agreement shall remain in full force and effect.

  • APPLICABLE LAW

The Parties agree that the construction, validity, and performance of this Agreement shall be governed by the State and/or Country in which the duties of this Agreement are expected to take place. In the event that the duties of this Agreement are to take place in multiple States and/or Countries, this Agreement shall be governed by NEW YORK STATE LAW.

 

 

 

 

 

 

 

IN WITNESS WHEREOF, each of the Parties has executed this Agreement, both Parties by its duly authorized officer, as of the day and year set forth below.

Signed by the duly authorized representative of

the CLIENT

Signature:       

Name:

Designation:   

Date:…………………………………………….………………..

 Signed by the duly authorized representative of

the COMPANY

Signature:       

Name:

Designation:   

Date:…………………………………………….………………..

 

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