CONTRACT FOR RENTERS
This Contract For Renters, including the Schedules (together, this “Contract”), is a legal agreement between Karland Motors Inc. and/or its Affiliates and/or Licensees (“Karland Rental, “we”, or “us”) and the Customer (as “Customer” is defined below; and sometimes referred to herein as “You”). You agree that accessing or using the Services constitutes acceptance of any amended terms and conditions in a revised Contract about which we may notify You or which may post on our website.
Reservation rates, fees and taxes are subject to change. You may review your total estimated reservation cost before you confirm your reservation.
Certain provisions of this Contract and the Rules related to your use of the Services may vary based upon the jurisdiction in which you reserve or use a Vehicle The jurisdiction-specific Contracts are available through the Karland Rental websites.
Definitions
“Agreement” means all terms and conditions in the rental record (“Rental Record”) and any additional documents you sign or
we provide at the time of rental, electronically or otherwise. “Renter” means each person signing this Agreement, each Authorized Driver,
and every person or organization to whom charges are billed by us at its or the Renter’s direction. “We,” “our” or “us” means Karland Rental
. “Authorized Driver” means (a) the Renter; (b) any additional driver listed by us on this Agreement; and (c) any other person
defined as an “authorized driver” under applicable law. Each Authorized Driver must have a valid operator’s license and be at least age 18
(unless otherwise specified in [applicable law]). “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we
substitute for it, and all its tires, tools, accessories, equipment, keys and document provided inside the vehicle at the time of rental.
“Physical Damage” means damage to, or loss of, the Vehicle resulting from (but not limited to) collision, theft, vandalism, acts of nature, riots or
other civil disturbances, hail, flood, fire or any other loss not caused by collision. “Loss of Use” means the loss of our ability to use the
Vehicle for our purposes because of Vehicle damage or loss, including, without limitation, use for rent, display for rent and/or sale,
opportunity to upgrade or sell, or transportation of employees. “Diminution of Value” means the difference between the fair market value
of the Vehicle before damage or loss and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf.
“Charges” means the fees and charges that are incurred under this Agreement. “Vehicle License Fee,””Vehicle Licensing,””Vehicle License
Prop Tax,””Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated
average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under
applicable law.
1. Rental; Indemnity; Personal Property; Warranties.
Only Authorized Drivers may use the Vehicle. Authorized Drivers include only those
individuals named in the Rental Agreement or permitted by state law. We may repossess the Vehicle at your expense without notice to
you if the Vehicle is abandoned or used in violation of law or of this Agreement. You agree to indemnify us, defend us and hold us harmless
from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the
Vehicle or Optional Equipment (as defined below). You release us, our agents and employees from all claims for loss of or damage to your
personal property or that of another person that we received, handled or stored, or that was left or carried in or on the Vehicle or in any
service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 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. In no event shall we be liable to you for any indirect, special or consequential damages related directly or
indirect.ly to any alleged breach by us of this Agreement.
2. Condition and Return of Vehicle.
Rental of this vehicle constitutes a “bailment,” meaning that the use of the Vehicle is for Renter’s own
benefit. The Vehicle must be returned to our rental office or other location we specify on the date and time noted in this Agreement and
in the same condition received, except for ordinary wear. Our determination of the condition of the Vehicle is subject to a final inspection
for damage(s) which may occur in our facilities after drop off, whether or not the vehicle is checked in by an employee and whether or
not such damage(s) are immediately recognizable or hidden. This also means that if the Vehicle is returned after closing hours, Renter’s
responsibility for damages under this Agreement continues until final inspection even if the damage occurred after the vehicle was returned.
To extend the rental, Renter must contact our rental office before the due-in date listed in this Agreement. All Charges may continue to
accrue until the return location opens for business. Service to the Vehicle or replacement of parts or accessories during the rental must
have our prior approval. Renter must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as
when rented.
3. Responsibility for Damage or Loss.
Regardless of fault, you are responsible for all damage to, loss of, or theft of the Vehicle during the
rental period resulting from any cause. Subject to the law in the jurisdiction where the Vehicle was rented, your responsibility will include:
(a) physical damage caused by collisions, weather, vandalism, road conditions, acts of nature, and any other cause resulting in physical
damage to the Vehicle: (b) if we determine that the Vehicle is a total loss, the full fair retail market value of the Vehicle, less salvage; (c)
if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the
value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminution of Value, meaning
the difference between the fair market value of the Vehicle before damage or loss and its value after repairs as calculated by a third- party
estimate obtained by us or on our behalf; (d) Loss of Use, which shall be measured by multiplying the daily rental rate noted on this
Agreement either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which
you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use shall be payable regardless of fleet
utilization, whether we had other vehicles in our fleet to rent, the Vehicle would not have been used but for the damage, and regardless
of whether we suffered lost profits as a result of the damage; (e) an administrative fee, calculated based on the damage, which you agree
is reasonable.
4.Prohibited Uses
The following uses of the Vehicle are prohibited and constitute material breaches of this Agreement. The Vehicle shall
not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by
anyone under the influence of drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental by giving us false, fraudulent
or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other
violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything; (g) in any race,
speed test or contest; (h) to teach anyone to drive; (i) to carry dangerous or hazardous items or illegal materiel; (j) outside the United
States or Canada (unless that use is specifically authorized in this Agreement); (k) on unpaved roads; (I) to transport more persons than the
Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety
seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when it is reasonable for you to know that
further operation would damage the Vehicle; (p) with inadequately secured cargo; (q) where applicable, by anyone who lacks experience
operating a manual transmission; (r) in connection with a willful, wanton or reckless act; or (s) by anyone who is sending or reading an
electronic message, including text (SMS) messages or emails, while operating the Vehicle. Smoking in the Vehicle is also prohibited. ANY
PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND SHALL INVALIDATE ANY COVERAGE PRODUCT (WHERE PERMITTED BY LAW).
For purposes of this Agreement, in addition to any appropriate local statutory definition, a “willful,” “wanton” or “reckless” act shall also
Disclaimer of Warranties
UNLESS A PROVIDER HAS AGREED OTHERWISE, ALL CONTENT, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTAINED WITHIN OR AVAILABLE THROUGH THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS. Karlandrental.com MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THIS WEBSITE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Karlandrental.com DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES. Karlandrental.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THIS SITE WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE AND/OR ITS SERVERS WILL BE FREE OF VIRUSES AND/OR OTHER HARMFUL COMPONENTS. Karlandrental.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN THIS SITE FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT, AND RELATED GRAPHICS CONTENT.
Karlandrental.com IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN THE TRANSMISSION OR RECEIPT OF TICKET ORDERS OR, ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.
WITHOUT LIMITING THE FOREGOING, NO WARRANTY OR GUARANTEE IS MADE (I) REGARDING THE ACCEPTANCE OF ANY REQUEST, (II) THAT A USER WILL RECEIVE THE LOWEST AVAILABLE PRICE FOR GOODS AND/OR SERVICES AVAILABLE THROUGH THIS SITE, (III) REGARDING THE AVAILABILITY OF PRODUCTS AND/OR SERVICES THROUGH THIS SITE OR, WHERE APPLICABLE, AT ANY PARTICIPATING RETAILER OR RETAILER LOCATION, OR (IV) REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE.
Minors
Persons under the age of 18 are not eligible to use any services on our Site.
General Limitation of Liability
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Karlandrental.com, INCLUDING ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS, SUPPLIERS, LICENSORS, AGENTS OR OTHERS INVOLVED IN CREATING, SPONSORING, PROMOTING, OR OTHERWISE MAKING AVAILABLE THE SITE AND ITS CONTENTS (COLLECTIVELY THE “COVERED PARTIES”), BE LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, COMPENSATORY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO: (I) LOSS OF GOODWILL, PROFITS, BUSINESS INTERRUPTION, DATA OR OTHER INTANGIBLE LOSSES; (II) YOUR INABILITY TO USE, UNAUTHORIZED USE OF, PERFORMANCE OR NON-PERFORMANCE OF THE SITE; (III) UNAUTHORIZED ACCESS TO OR TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS; (IV) THE PROVISION OR FAILURE TO PROVIDE ANY SERVICE; (V) ERRORS OR INACCURACIES CONTAINED ON THE SITE OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE; (VI) ANY TRANSACTIONS ENTERED INTO THROUGH THIS SITE; (VII) ANY PROPERTY DAMAGE INCLUDING DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM CAUSED BY VIRUSES OR OTHER HARMFUL COMPONENTS, DURING OR ON ACCOUNT OF ACCESS TO OR USE OF THIS SITE OR ANY SITE TO WHICH IT PROVIDES HYPERLINKS; OR (VIII) DAMAGES OTHERWISE ARISING OUT OF THE USE OF THE SITE, ANY DELAY OR INABILITY TO USE THE SITE OR ANY INFORMATION, PRODUCTS, OR SERVICES OBTAINED THROUGH THE SITE. THE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. Further, to the extent permitted by law, the Covered Parties accept no responsibilities for any damage and/or delay due to Provider cancellations, shortages, sickness, pilferage, labor disputes, bankruptcy, machinery breakdown, quarantine, government restraints, weather, terrorism or causes beyond the Covered Parties’ control. No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Covered Party shall be responsible for any Provider’s breach of any warranty including, but not limited to, implied warranties of fitness for a particular purpose or of merchantability, nor shall any Covered Party be responsible for any other wrongdoing of a Provider (including any liability in tort), as to any products and/or services available through this Site. No Covered Party shall be responsible for any Provider’s failure to comply with this Agreement or for any Provider’s failure to comply with applicable federal, state, provincial and local law.
If, notwithstanding the above, a Covered Party is found liable for any loss or damage relating to the use of this Site, User agrees the liability of any such party shall in no event exceed the total charge to the User assessed by Karlandrental.com for making a Request. Some states or jurisdictions, to the extent their law might be deemed to apply notwithstanding the selection of Connecticut law as described below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.
Rental Car Service Restrictions
General
Vehicle rentals available through this Site are subject to standard rental contracts of the car rental companies, which will be completed by you at the time of pick-up of a vehicle.
Charges for Taxes and Service Fees: In connection with facilitating your rental car transaction, we will provide you with a breakdown of the estimated taxes, fees, and surcharges that may apply to your transaction. We will not charge you for these taxes, fees, and surcharges, but the car rental supplier will charge you taxes, fees, and surcharges at the time you rent your car.
Currency Conversion & Charges
The rate displayed is an estimate shown in US dollars. For non-prepaid rates for pick up outside the US, you will be charged by the rental car provider in the local currency. The rate charged by the local rental car provider may be determined by converting the US dollar amount shown to you into the local currency at an exchange rate established by the local rental car provider. Your credit or debit card company may convert that charge in the rental car supplier’s local currency back into dollars (or your own local currency if it is not dollars) at an exchange rate selected by it and additional fees and surcharges may apply. Because conversion rates differ, the final charge to your credit or debit card may be more than the estimated rate shown to you on priceline.com.
Many rental companies operating in foreign countries may only accept payment in local currency (not USD). Some may accept local currency cash while others may require you to pay by credit or debit card in local currency.
Additional Insurance
In certain non-US destinations, personal or third-party liability insurance may be required by law. Liability insurance provides you with minimum financial responsibility limits as outlined in the applicable motor vehicle financial responsibility laws of the country where the vehicle is operated. Third party liability insurance may be offered for purchase by the local rental car company and may be required. The cost of purchasing PLI varies and is not included in the rental charges shown on priceline.com. Collision damage insurance (which is insurance for the vehicle and not personal or third party liability insurance), or PLI that accompanies U.S. credit or debit cards may not be acceptable forms of liability coverage. If you provide acceptable proof of current liability coverage in a foreign country and you decline to purchase the liability insurance offered by the local rental car company, an additional authorization amount may be held on your credit card by the rental car company. Read the terms and conditions from the rental car company applicable to your reservation for additional information.