Terms & Conditions
RENTER AGREES BY MAKING AN ONLINE RESERVATION THAT THEY HAVE READ AND ARE AWARE OF THE FOLLOWING TERMS AND CONDITIONS CONCERNING THE USE OF THE VEHICLE AND ACCEPTS FULL RESPONSIBILITY HEREIN.
For purposes of this agreement, “vehicle” represents the original or replacement automobile, van or truck; “owner” represents Elite Rent A Car, Inc. or any of its assigns or representatives; “renter” represents the customer or person renting the vehicle; and owner and renter are hereafter collectively referred to as the “parties” and individually as a “party.” This contract represents the entire agreement between renter and owner and supersedes any prior agreements or understandings between the parties in either written or oral form. No oral representations, agreements, subsequent alteration, amendment, change, or addition to this agreement will be binding on either party unless in writing and signed by both parties.
a) Renter acknowledges vehicle is the property of owner although registered title may be in the name of a third party.
b) Renter acknowledges vehicle was received in good physical and mechanical condition and agrees to return vehicle to owner on the assigned return date as stated on the face of this contract in same condition as received, ordinary wear and tear excepted.
c) Time is of the essence: Any failure by renter to return the vehicle or pay the sums due within the stated time limits may constitute breach of this contract.
d) Renter agrees not to use the vehicle for transportation of persons or property for hire, nor carry passengers in excess of the number of seat belts provided by the manufacturer, nor remove the seats from the vehicle if it is a passenger van, nor operate the vehicle in violation of any law, ordinance or regulation governing the use or return thereof, nor remove the vehicle from or travel outside the state of Texas without prior written consent of owner.
RENTER AGREES TO DEFEND, INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY CLAIMS, LIABILITIES, COSTS AND EXPENSES ARISING FROM RENTER’S USE, OPERATION OR POSSESSION OF THE RENTED VEHICLE. RENTER AGREES TO FURTHER DEFEND, INDEMNIFY AND HOLD OWNER HARMLESS FROM ANY AND ALL LOSSES, LIABILITIES, DAMAGES, INJURIES, CLAIMS, DEMANDS, COSTS, EXPENSES (INCLUDING LEGAL COSTS), ARISING FROM THIS RENTAL TRANSACTION OR FROM THE USE, CONDITION (INCLUDING BUT NOT LIMITED TO LATENT AND OTHER DEFECTS WHETHER OR NOT DISCOVERABLE BY OWNER) OR OPERATION OF THE RENTAL VEHICLE BY ANY PARTY, INCLUDING CLAIMS OF, OR LIABILITY TO, ANY THIRD PARTIES. RENTER AGREES TO PRESENT A CLAIM TO RENTER’S INSURANCE CARRIER FOR ALL SUCH EXPENSES. IN THE EVENT RENTER HAS NO INSURANCE TO COVER SUCH EXPENSES OR LOSSES, RENTER AGREES TO PAY OWNER FOR SAME.
Renter represents that insurance presented to owner in connection with the rental of vehicle is renter’s own automobile insurance coverage and is valid and current. In the event that renter’s automobile insurance coverage is deemed defective, underinsured, lapsed, terminated, cancelled, fraudulent, or otherwise ineffective, renter agrees to purchase Loss Damage Waiver (as described below in paragraph 5) from owner and to purchase such waiver immediately and upon the date renter’s automobile insurance coverage is deemed defective, underinsured, lapsed, terminated, cancelled, fraudulent, or otherwise ineffective.
Renter is responsible for and agrees to promptly pay owner the fair market value of replacing and/or repairing damage to vehicle including but not limited to: loss of use, claim administration fees, diminishment in value, towing, storage or impound fees, and costs incurred by owner to recover the vehicle and establish damages, regardless of fault or negligence of the renter or any person, and regardless if damages are as a result of an act of God. Renter’s insurance coverage on vehicle is primary and renter agrees to present a claim to insurance agent/carrier for all damages and costs incurred which are the renter’s responsibility including deductible and any additional amounts.
a) Partial Damage Waiver (hereafter referred to as “PDW”): Renter may pay an additional fee to purchase our optional (not required) PDW. Under this option, in the event of damage to vehicle, owner will relieve renter from paying an amount equal to the deductible amount on the renter’s insurance policy (liability, collision and comprehensive) coverage, not to exceed Five Hundred Dollars ($500.00) per rental contract. Renter understands that PDW is NOT insurance coverage.
b) Loss Damage Waiver (hereafter referred to as “LDW”): If renter agrees to pay an additional fee to purchase our optional (not required) LDW, owner will only waive his right to collect directly from renter for comprehensive and collision damage to the vehicle after renter, in good faith, exhausts his remedies through it’s primary coverage as noted above in Section 3. Owner does not waive his right, under the contractual liability of this rental agreement, to file and collect directly from the renter’s insurance, third party, or third party’s insurance. This waiver does not apply to renter’s insurance coverage, third party, or third party’s insurance coverage. LDW is NOT insurance coverage. LDW does not cover damages to Windshields, Wheels, Tires and Hub Caps. LDW requires Renter to pay $250 Copay for each incident.
c) If renter selects and does not effectively pay sums due for either or both selected Partial Damage Waiver or Loss Damage Waiver, then the selected waivers will terminate immediately upon the date of non-payment or defective payment. Partial Damage Waiver (PDW) and Loss Damage Waiver (LDW) will not apply if: i) damage is caused intentionally by an authorized driver or as a result of willful and wanton misconduct of an unauthorized driver;
ii) damage arises out of any authorized driver’s operation of vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
iii) damage is caused while the authorized driver is engaged in a speed contest;
iv) the rental transaction is based on information supplied by renter with intent to defraud owner;
v) damage arises out of the use of vehicle while committing or otherwise engaging in a criminal act in which vehicle usage substantially relates to the nature of the criminal activity;
vi) damage arises out of the use of vehicle to transport persons or property for hire;
vii) damage arises out of the use of vehicle outside the immediate state in which vehicle is rented unless the use is specifically authorized by the rental agreement;
viii) damage arises out of the use of the vehicle while towing or pushing anything;
ix) damage is caused to the vehicle while it is being driven other than on a regularly maintained roadway; x) if the vehicle is stolen, vandalized, flooded, damaged due to driver’s negligence or damaged due to violating the conditions of this rental agreement; or
xi) renter stops making pre payments for any of the sums due for Daily Rental, PDW or LDW.
Owner provides no bodily injury or property damage liability insurance or coverage to renter or other operator or user of vehicle for any resulting bodily injury or property damage to renter, operator, user, passenger or any third party. Renter’s insurance applies. Renter represents and warrants that he has and will maintain in force during the term of this agreement, bodily injury and property damage liability insurance for renter, or other operators, users, passengers and third parties equal to the financial responsibility limits required by the applicable motor vehicle financial responsibility laws of the state where the vehicle is operated or used. Renter assumes full responsibility for any damage to destruction of the property, transported by or in the rented vehicle.
Personal injury protection and uninsured-underinsured motorist protection is neither contemplated, nor provided as part of this agreement. Renter expressly agrees to waive any rights to claim personal injury protection, uninsured-underinsured motorist protection from the owner.
a) the mileage fee computed at rate specified on the reverse for miles traveled by the vehicle during the period of rental;
b) service and time fees at rates specified on reverse plus other charges if applicable, regardless of whether a bill or statement is presented to another company, individual, or insurance organization. Service fee may include a surcharge representing a portion of the expenses owner incurs in the rental of each vehicle. These charges are calculated at a percentage of mileage, time and drop charges. If the reverse of the agreement indicates “calendar day” any fraction of a calendar day after 10:00 AM shall be charged as a full day;
c) the fair market value of tires, tools or accessories lost or stolen from the vehicle;
d) one hundred dollars ($100.00), or One Dollar ($1.00) per hour for each hour the vehicle is in possession of renter, whichever is greater, in addition to all other fees, in the event that the odometer is disconnected or tampered with while in possession of the renter;
e) any fine or legal violation against the vehicle, renter or owner, during the term of the contract, except for fine or violation resulting in owner’s fault;
f) fifty ($.50) cents per mile for all miles driven if the vehicle is driven outside the state in which it was rented, unless other states are specified on the face of this agreement;
g) one hundred dollars ($100.00), or Fifty Cents ($.50) per mile, whichever is greater, if vehicle is not returned to original rental office;
h) all expenses incurred by owner in the collection of monies due owner per this agreement, or in regaining possession of the vehicle or in enforcing any item or condition of this agreement, including attorney’s fees and costs;
i) damages to rental vehicle if Loss Damage Waiver is not purchased or does not apply as per this agreement; and j) one and one-half percent (1 1⁄2%) per month carrying charge on all fees charged and not paid within thirty (30) days after the end of the rental term.
b) liability imposed upon or assumed by anyone under worker’s compensation act, plan or contract;
c) bodily Injury or property damage occurring while the vehicle is used as a commercial vehicle or for a commercial purpose; or
d) any property owned or rented by or in the care of renter.
Renter or driver must immediately deliver to the office from where the vehicle was rented every process, pleading or paper relating to any claims, suits and proceedings. Renter and driver shall not aid any claimant but shall cooperate fully with owner in all manners connected with any claim or suit.
Renter and authorized driver must obtain owner’s prior written permission to travel outside the state of rental and in addition to receiving such permission renter must purchase special insurance prior to entering Mexico.
Owner shall not be liable to renter for a failure to delay in its performance under this agreement where such failure or delay is the result of fire, flood, earthquake or other natural disaster, act of God, riot, labor, dispute, war, embargo, armed hostilities or act of terrorism, the intervention of any governmental authority, or any other cause beyond owner’s control
A breach of the contract shall exist if the vehicle is used or driven: a) in violation of any term or condition of this agreement;
b) by a person other than the renter under the age of twenty-one (21) or by a driver who has given a fictitious name or false address or age;
c) for any illegal purpose, in a race, speed contest, or to tow a vehicle or trailer;
d) by any person if there is reasonable evidence they were under the influence of narcotics, alcohol, other intoxicants or drugs;
e) by a person other than the renter without written consent of owner;
f) outside the state of rental without written consent of owner;
g) under authority of any license other than renters own. Additionally, renter warrants that the license shown to owner is current and valid and represents renter’s own name;
h) if renter or driver leaves the vehicle unlocked or fails to secure the keys;
i) other than on paved highways, private roads or driveways;
j) in a reckless or imprudent manner or if the vehicle is deliberately damaged; or
k) if renter misrepresents facts to owner pertaining to rental, use or operation of the vehicle.
renter agrees to cease using said vehicle, to notify owner, and to pay all expenses incurred by owner in returning the vehicle to the original place of rental. Renter agrees that any continued use or operation of the vehicle after a violation has occurred is an operation without the knowledge, consent or permission of owner and owner may notify police said vehicle has been stolen and renter agrees to release and discharge owner from any liability claims of any nature arising therefrom. Owner has the right to seize, without legal process, or notice to renter, said vehicle at any time or place and renter waives all claims for damages connected with such seizure. Operating in good faith, owner reserves the right to take care, custody, control, or possession of vehicle at any time. Owner is not responsible for any items that are, or alleged as, lost, stolen, or otherwise misplaced.
RENTER ACKNOWLEDGES THAT OWNER HAS MADE NO WARRANTY, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO: THE CONDITION OF ANY VEHICLE OR ITS MERCHANTABILITY; THAT VEHICLE IS FREE FROM DEFECTS IN MATERIAL OR WORKMANSHIP; THAT VEHICLE IS FIT FOR A PARTICULAR PURPOSE AND RENTER HAS NOT RELIED UPON OWNER’S SKILL OR JUDGMENT TO SELECT OR FURNISH A VEHICLE FOR ANY PARTICULAR PURPOSE; AND THAT THIS AGREEMENT IS MADE WITHOUT WARRANTY THAT THE VEHICLE IS FIT FOR ANY PARTICULAR PURPOSE. OWNER SPECIFICALLY DISCLAIMS AND EXCLUDES ANY WARRANTY THAT THE VEHICLE IS FREE AND CLEAR OF A THIRD PARTY’S SUPERIOR INTEREST THAT MAY INTERFERE WITH RENTER’S USE OR POSSESSION OF THE VEHICLE. TO THE EXTENT PERMITTED BY LAW, RENTER WAIVES ALL RIGHTS AND REMEDIES GRANTED BY THE TEXAS UNIFORM COMMERCIAL CODE UNDER ARTICLE 2A. RENTER AGREES THAT OWNER SHALL NOT BE LIABLE TO HIM FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR EXPENSES RELATED DIRECTLY OR INDIRECTLY TO ANY BREACH BY OWNER OF THIS AGREEMENT.
All changes are subjected to final audit.
Renter authorizes owner to verify personal and credit information provided by renter through the appropriate credit agencies or other sources as needed.
RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT CREDIT CARD VOUCHERS IF A CREDIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY AT THE TIME THE VEHICLE WAS RENTED, INCLUDING, IF ANY, THIRD PARTY TO WHOM A BILLING WAS DIRECTED AND REFUSES TO MAKE PAYMENT.
Renter hereby grants and appoints owner a limited power of attorney to present insurance claims for property damage to renter’s insurance carrier if the rented vehicle is damaged during the term of this rental agreement and to endorse renter’s name on insurance payments for charges or damages.
Every provision of this agreement is intended to be severable. If any provision of this rental agreement is found to be invalid, unlawful, contrary to public policy, void or unenforceable, the remaining provisions shall remain in full force and effect.
To the extent permitted by law, this rental agreement is to be governed by the laws of the State of Texas and venue for any suit to enforce the rental agreement shall be in Harris County, Texas.