TOTAL CARRO CORP
Rental Terms and Conditions
I”, “me” and “my” refer to the person who signs this Agreement. “You” and “your” refers to Tocars Rent-A-Car
- The Rental Agreement. This terms and conditions, attached hereto and any additional agreement signed by me and any links to on-line documents or agreements sent to me electronically in connection with my rental, together constitute the “Rental Agreement” you and me. The word “car” in the Rental Agreement means the vehicle rented to me or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by you with the vehicle and separately rented to me by you unless otherwise explicitly specified in the Rental Agreement.
- Representation. I represent to you, that I am a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. I agree that you have the right to verify that my license has been validly issued and is in good standing (not suspended, revoked, or otherwise restricted in any way) as a condition precedent to each rental; and that you may in your sole discretion refuse to rent to me if my license is not in good standing. You reserve the right to deny rentals based upon (i) information about my license status, (ii) authenticity of my driver’s license or other credentials, (iii) the inability to verify my identity or payment methods, or (iv) any other information received from any other source in the business of validating an identity or the driver’s license credential that you believe to be reliable.
- Who may drive the Car. Except where otherwise specifically authorized, I am the only person authorized to drive the car. Any person other than me that operates the car must sign an additional driver form at the time of the rental (“Permitted Driver”). I acknowledge that I will always remain financially responsible under the Rental Agreement even if the car is operated by a Permitted Driver or someone other than me.
- Return of the Car. I agree to return the car in the same condition that I received it, ordinary wear and tear excepted, on the date, at the time and to the following location: Carr #2 Km 16.6 Toa Baja, PR. There may be a rate or special charges if I return it to a different location. If I return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also charge me a late return fee. I may not return the car outside of the return location’s operating hours unless specifically allowed by that location. If I do, my responsibility for damage to or loss of the car will continue, and all charges stated on the Rental Agreement as a periodic rate will continue to accrue until the return location reopens and I process the return of the car. If you do not find the car when that location opens, my responsibility for all charges and for damage to or loss of the car will continue until the car is returned or recovered. If I wish to extend any rental, I will contact you at 787-338-5857 or use a method you approve to request the extension before my return date. You may or may not grant an extension or decline to grant it for the entire period I request, in your sole discretion. I will return the car sooner on your demand.
- Rental Charges. I will pay for the length of time I rent the car at the rates indicate in Exhibit A of the Rental Agreement. The minimum charges are one day (24 hours). Extra hours charges are indicated on Exhibit A will be charged for each hour and/or part of an hour more than a 24-hour rental day before I return the car until the hourly charges equal the daily rental rate.
- I will also pay a reasonable fee for cleaning the car’s interior upon return if any stains, dirt, odor, or soiling attributable to my use, cannot be cleaned with your standard post-rental procedures as determined by you in your sole discretion.
- If the key(s) or key fob(s) are not returned with the car, additional fees will be charged.
- Total Carro CORP maintains a non-smoking fleet, including a prohibition on the use of e-cigarettes in the car. I will pay an additional charge if I return the car and it smells or is soiled from smoke or e-cigarette vapor.
- Refueling Service Charges. I will pay a refueling service charge if I return the car with less fuel than when rented.
- Accident Insurance: The renter is subject to the terms and conditions listed in this document.
BASIC COVERAGE (BASICA): BASIC: Basic benefit for damages caused to THE LESSOR’s vehicle and damages to third parties, limited to a deductible of B/. 1,750.00. Only applies with moving car or total theft of the rental car for up to B/. 10,000.00 in damages to third parties, as long as THE LESSEE complies with the terms and conditions of the lease and with traffic laws. DOES NOT COVER: Collision and rollover, hit and run, collision with a fixed object, tires, or windshield. For this coverage to be effective, you must present a police report and an ACCIDENT AND/OR DAMAGE REPORT FORM.
PARTIAL (PARCIAL): This coverage extends the benefits of the BASIC coverage, reducing the deductible to B/. 75 0 as long as THE LESSEE complies with the terms and conditions of the rental agreement, traffic laws, and submits the police report and the ACCIDENT AND/OR DAMAGE REPORT FORM. Only applies with moving car or total theft of the rental car for up to B/. 20,000.00 against all risks and damages to third parties, as long as THE LESSEE complies with the terms and conditions of the lease and with traffic laws. To take this coverage you must have accepted the BASIC coverage. IT DOES NOT COVER: Collision with a fixed object, collision and escape, or collision and rollover.
PARTIAL WITHOUT DEDUCTIBLE (PARCIAL SIN DEDUCIBLE): This coverage extends the benefits of the BASIC coverage, taking to zero the responsibility for some damages or total theft of the rental car as long as THE RENTER complies with the terms and conditions of the rental agreement, the traffic laws, and present the police report and the ACCIDENT AND/OR DAMAGE REPORT FORM. Only applies with moving car or total theft of the rental car for up to B/. 20,000.00 against all risks and damages to third parties, as long as THE LESSEE complies with the terms and conditions of the lease and with traffic laws. To take this coverage you must have accepted the BASIC coverage. IT DOES NOT COVER: Collision with a fixed object, collision and escape, or collision and rollover.
FULL WITHOUT DEDUCTIBLE (FULL SIN DEDUCIBLE): This coverage extends the benefits of the BASIC coverage, taking the responsibility for all damages or total theft of the rental car to zero, as long as THE RENTER complies with the terms and conditions of the rental agreement, the traffic laws, and present the police report and the ACCIDENT AND/OR DAMAGE REPORT FORM. Applies with damage against a fixed object for up to B/. 300, moving car, hit-and-run, hit-and-run, or total theft of the rental car for up to B/. 20,000.00 against all risks and damages to third parties, as long as THE LESSEE complies with the terms and conditions of the lease and with traffic laws. To take this coverage you must have accepted the BASIC coverage.
None of these coverages covers any negligence or infractions of the traffic law, acts of God, or vandalism or partial theft.
- Liability Insurance. This insurance protects the Permitted Driver and me for body injury or death of another and for property damage other than the car in an amount up to, but in no event in excess of the minimum limits required by the automobile financial responsibility of compulsory insurance laws of the state in which the accident occurs, unless other limited are provided pursuant to a separate commercial account agreement, for each accident arising from use of the car as permitted by the Rental Agreement.
I and any Permitted Driver, agree to indemnify and hold you harmless from and against all loss, liability, and expense more than the limits of liability, as indicated in the Rental Agreement, as a result of body injury, death or property damage cause by, or arising out of, the us or operation of the Car.
I and any Permitted Driver protected under the above arrangement agree to comply with and be bound by all its terms, conditions, limitations, and restrictions, which are made part of the Rental Agreement by reference. I and any Permitted Driver shall comply with procedures on Accident and Claims Reporting. Evidence of this insurance is available for inspection at the Company’s headquarters of Tocars Rent-A-Car.
I understand that coverage does not apply to:
- Any obligation by any Permitted Driver and me under any contract of whatever nature;
- Injury to or destruction of personal property owned by or in possession, custody, or control of any Permitted Driver and me;
- Any liability of a driver who is not a Permitted Driver and any liability for an accident which occurs while the car is obtained or used in violation of the Rental Agreement. If the liability coverage is extended by operation of law to anyone not permitted by this Rental Agreement to drive the car, the limits of coverage shall be the minimum required by the Financial Responsibility law or other appliable statue of the state.
- The ca enters a yard not authorized by the insurer.
- There is no police part.
- Failure to report collision within the following 24 hours.
- Not following the rules of the Land Traffic Authority (ATTT) / Driving under the influence of alcohol or negligence on the part of the diver.
- Fines and Expenses. I will pay for all fines, court costs and other expenses for parking, traffic, toll and other violations with respect to the use of the car while it is rented to me, unless due to your fault.
- 10. Error in rental charges. Tocars Rent-A-Car makes every effort to ensure that all prices and descriptions quoted on its website or elsewhere are correct and accurate. However, in the case of an error or omission, I’ll pay any undercharges. Likewise, I will receive a refund on any overcharges you discover on review. I authorize you to correct the changes, and you agree to notify me in writing of any such corrections.
- Prohibited Use of the Car. Certain uses of the car and other actions that the Permitted Driver or me, may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE MY RENTAL. IT ALSO MAKES ME LIABLE TO YOU FOR ALL PENALTIES, FINES, FORFEITURES AND LIENS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS IN WHICH YOU MAY HAVE TO INCUR. It is a violation of this Paragraph if any of the following occurs:
- If I use or permit the car to be used:
1) by anyone other than a Permitted Driver, as defined in paragraph 3; 2) to carry passengers or property for hire or more passengers than the car has seat belts to carry; 3) to be operated in a test, race or contest or on unpaved roads; 4) for conduct that could be charged as a crime such as a felony or misdemeanor.
- Service while on Rental. I understand that I must receive your prior written approval for service to the car, or for replacement of a part or accessory. If I do not do so, I understand that I may not be reimbursed for repairs, parts of accessory expenses in which I incur.
- Repossessing the Car. You can repossess the car any time if it is found illegally parked, being used to violate the law or the Rental Agreement, or appears to be abandoned, or is not returned on the due back date. You can also repossess the car anytime you discover I made a misrepresentation to obtain the car. You don’t have to notify me in advance. If the car is repossessed, I agree to pay or reimburse you for the actual and reasonable costs incurred by you to repossess the car. I agree that such costs will be charged to the credit or debit card, or account provided by me to rent the car.
- Collections. If I do not pay all amounts due to you under the Rental Agreement upon demand, including but without limitation, all charges, fees, expenses, fines, penalties, payment for loss of or damage to the car, rental charges, parking, traffic fines and penalties, we will take the following actions: a) I agree to pay a late charge of 2% per month on the past due balance (collectively, “Charges”). b) I agree to also pay for any costs in which you may incur in seeking to collect such Charges including, without limitation, reasonable attorney’s fees (collectively, “Costs”). If I don’t pay any past due Charges or Costs, you may contact me or my employer at my place of business. If I have billed this rental to any other party with your consent and at that party’s direction, both I and that party agree to be jointly and severally liable for all charges and liability incurred under this Rental Agreement.
- Card Reserve. I acknowledge that I have been informed that an amount of the estimated total charges due under the Rental Agreement, may be set aside or reserved by the credit card issuer whose credit card I present in payment of rental charges. I consent to the reservation or setting aside of that amount by the card issuer of the card, which I present for payment of my rental charges.
- Liability or Vehicle Performance/Warranty Disclaimer. I understand that you shall not be liable for any indirect, special consequential damages in connection with the car being rent to me or arising out of its use. I further understand that you make no warranty of any kind, nature, or description, express or implied, as to the merchantability of the car for any particular purpose.
- Property left in the car. I will be responsible for loss or damage to any property left any time in or on the car. You are not responsible for loss of, theft, or damage to any property in or on the car, in any service vehicle, on your premises, or received or handled by you, regardless of who is at fault. I will be responsible to you for claims made by others for such loss or damage.
- Download of Your Address Book and Other Information from Your Mobile Device. I understand that some of your cars available for rent, may allow me to connect my personal phone or device via Bluetooth to the electronic system of the car. If I choose to do so, the vehicle may automatically load my address book, store my incoming, outgoing, and missed telephone calls, and other information from my device. I should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. I acknowledge that you are not responsible for assuring the privacy of any such information and cannot guarantee that other persons who I don’t authorize will gain access to this information after I return the car.
- Cooperation. I agree to cooperate and coordinate with you and to take any actions you reasonably requests in connection with (i) this Rental Agreement, (ii) my use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Agreement or my use of the car, including without limitation, execution and delivery of any documents you reasonably requests, giving testimony under oath, and taking any other actions you reasonably requests related to this Rental Agreement.
20.Changes. This Rental Agreement contains the entire agreement between the parties and may be amended only by subsequent written agreement signed by the President of Tocars-Rent-A-Car and me.
- Other Important Provisions.
- I may only transfer my rights or obligations under the Rental Agreement to another person if you agree in writing.
- If you fail to insist that I perform any of my obligations under this Rental Agreement, or if you do not enforce you rights against me, or if you delay in doing so, that will not mean that you have waived your rights against me and will not mean that I do not have to comply with those obligations. If you do waive a default by me, you will only do so in writing, and that will not mean that you will automatically waive any later default by me.
- Each of the provisions of the Rental Agreement operate separately. If any court or competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
- This Rental Agreement shall be governed by, and construed and enforced in accordance with, the Laws of the Commonwealth of Puerto Rico.