Terms and Conditions

 

1. Definitions: "Agreement" means all terms and conditions found in these Terms and Conditions, the rental record ("Rental Record"), any addenda, and any additional documents you sign or we provide at the time of rental. "You" or "your" means the person identified as the renter in this Agreement, 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. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our" or "us" means Sutherland Rental Car or Hardware and equipment Florida Inc. "Authorized Driver" means the renter and each additional driver listed by us in this Agreement, as long as each such person has a valid driver's license and is at least age 21 and has paid the requisite fee before the vehicle is used, "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 Vehicle documents. The Vehicle may be equipped with global positioning satellite ("GPS") technology or other telematics system and/or an event data recorder, and privacy is not guaranteed. "LDW" means Loss Damage Waiver. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes because of Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and/or sale, opportunity to upgrade or sell, or transportation of employees. "Diminished 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. 
2. Rental; Indemnity; Personal Property; Warranties. This is a contract for rental of the Vehicle. Only Authorized Drivers may use the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. We also have the right to monitor the Vehicle through telematic devices to the extent permitted by applicable law. You agree to indemnify us, defend us and hold us harmless from ad judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. 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.
 3. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement and in the same condition that you received it 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. To extend the rental you must contact our rental office before the due-in date. If the Vehicle is returned after closing hours, you will be responsible for all loss or damage to the Vehicle discovered upon inspection when the location opens for business the following day, regardless of when such loss or damage occurred. 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. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented, unless you purchase the prepaid fuel option. 
 4. Responsibility for Damage or Loss. Regardless of fault, you are responsible for all damage to or loss or theft of the Vehicle during your rental period resulting from any cause, including, without limitation, damage caused by collisions, weather, vandalism, road conditions and acts of nature. Subject to the law in the jurisdiction where the Vehicle was rented, your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (I) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) 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 Diminished Value; (b) Loss of Use, which shall be measured by multiplying your daily rental rate 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. The estimated number of days of Loss of Use shall be calculated as follows (assuming that all Loss of Use begins on a Monday and that 1 repair day is equal to 4 labor hours. The total number of labor hours in the repair estimate divided by 4 hours to determine the number of repair days, plus 2 weekend days for every 5 repair days, plus 3 administrative days to obtain a repair estimate, deliver and retrieve the Vehicle for repairs. Loss of Use shall be payable regardless of fleet utilization, whether we had other vehicles in our fleet to rent, the Vehicle would have been used but for the damage, regardless of whether we suffered lost profits as a result of the damage; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$1.500 damage=$250 fee; $1501-$2500 damage=$500 fee; $2501+ damage=$1.000 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys' fees, collection fees, and costs whether or not litigation is commenced.
5. Prohibited Uses: Loss Damage Waiver. 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) Out of bounds Florida State; (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 an electronic message, including text (SMS) messages or emails, while operating the Vehicle. Smoking in the Vehicle is also prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
 If you purchase LDW, subject to the terms of this Agreement, we will waive our right to hold you financially responsible for all or a portion (where permitted) of the loss of or damage to the Vehicle as noted on the Rental Record. LDW is not insurance, is optional, and may duplicate coverage under your own insurance policy or credit card. LDW does not apply to optional equipment ("Optional Equipment") we rent to you for use in the Vehicle. If you use the Vehicle for a prohibited use described above, your LDW will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Vehicle. In addition, LDW may be invalidated if the Vehicle is stolen and you fail to return the Vehicle keys or ignition devices that we gave you at the start of the rental Notwithstanding the purchase or other availability of LDW or any other coverage that you may have, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim, of any size. Failure to do so may invalidate optional protection that you purchase, including LDW. 
6. Optional Equipment. We offer certain Optional Equipment, including mobile technology devices (such as navigational systems, cell phone and tablets) and child safety seats, upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself. If you rent a GPS device, you should review the operational instructions before leaving the rental location. 
7. Responsibility to Others: Handling Accidents/Incidents. You are responsible for all damage or loss you cause to yourself and others. You agree that it is your responsibility to know and understand what Insurance coverage you have or elect to purchase for this rental. You agree to maintain automobile insurance during the term of this rental agreement which provides to the owner, to us, and to you, the following primary coverage: (a) Bodily injury ("BI”) and property damage ("PD”); liability coverage; (b) Personal injury protection (“PIP"), no-fault, or similar coverage where required; (c) Uninsured/underinsured ("UM"/"UIM") coverage where required, and (d) Comprehensive and collision damage coverage extending to the Vehicle. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Where permitted by law, by signing this Agreement, you reject UM, UIM, and supplemental no-fault or PIP coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. Because you are providing auto insurance, we are not. Unless required by law, we will not provide you any third-party BI or PD liability coverage for this rental. Where we are required by law to provide BI or PD liability insurance, we will indemnify you against loss or injury to others only after all other valid and collectible insurance has been exhausted, and then our indemnity extends only to the minimum financial limits prescribed by the laws of the state whose law applies to the loss and is subject to our right of subrogation. Our indemnity is self-insured under the law of the state where you rented the Vehicle and does not cover injury to you. You must: (a) report all damage to us and at accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Any failure by you to report all damage to us, by completing an incident report, or to report all accidents (of any size) to us and to the police as soon as they occur, will be a material breach of the Terms and Conditions of this Agreement, and may invalidate optional protection that you purchase, including LDW. Our indemnity applies only in the United States in the state of Florida Our indemnity is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation, Or if you to cooperate in a loss investigation or to file a timely and accurate incident report.
 
8. Payment: Charges. You permit us to reserve or set aside against your payment card at the time of rental a reasonable amount in addition to the estimated total charges. We may use the reserve to pay all Charges. We will authorize the release of any excess reserve or set aside upon the completion of your rental, and your payment card issuer's rules will apply to your credit line or your account being credited for the excess and may not be immediately released by your card issuer. We do not accept cash deposits. You will pay us at or before the conclusion of this rental or upon demand of all Charges, including without limitation: (a) time charge as shown on the Rental Record; (b) mileage charges, including charges for extra miles, based on the per-mile rate specified on the Rental Record; (c) mileage charge based on our experience if the odometer is altered; (d) optional product and service fees; (e) fuel and a refueling fee if you return the Vehicle with less fuel than when rented - unless you purchase pre-paid fuel; (f) applicable taxes, surcharges, airport facility fees, and airport concession recovery fees; (g) expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (h) costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (I) 2% per month late payment fee, or the maximum amount allowed by law, on all amounts past due; (j) the greater of $50 or the maximum amount permitted by law if you pay us with a check returned unpaid; (k) a reasonable cleaning fee not to exceed $350 if the Vehicle is returned substantially less dean than when rented; (I) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (m) a fee of up to 5500 if you lose the keys or toll transponder to the Vehicle: (n) a surcharge of $1.000 if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return con the date and time due, and you may be charged the standard rates for each day (or partial day) after the due-in date,; (o) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (p) a fee up to $800 if a mobile technology device, such as a navigational system or tablet, that you rented is lost, stolen or otherwise rendered unusable during the rental; and (q) if applicable, a redemption fee if you present a reward certificate, coupon or voucher associated with a loyalty program. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer. 
9. Responsibility for Tolls, Traffic Violations, and Other Charges: Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls ("Tolls') and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a "Violation') assessed against you, us or the Vehicle during this rental. The Vehicle is equipped with the ability to pay Tolls electronically through SUNPASS® LLC. If you drive the Vehicle through electronic toll lanes, you will pay SUNPASS® the cash or pay-by-mail toll rate (whichever is higher) as published by the toll authority plus the other fees stated on the Rental Record. If we are notified by charging authorities that we may be responsible for payment of a Violation, you will pay us, SUNPASS® or American Traffic Solutions (ATS) an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to SUNPASS® or ATS for processing and billing purposes. If we, ATS, Hardware and Equipment Florida or SUNPASS® pay a Toll or Violation, you authorize us, Hardware and Equipment Florida, ATS or SUNPASS® to charge all such payments and administrative fees to the payment card you used to pay for this rental
10. Personal Information: Communications. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement. Questions regarding privacy should be directed to the location where you rented the vehicle. You agree, in order for us to service or otherwise administer our account or to recover any amounts you may owe, Hardware and Equipment Florida, or any assignee or collection agency of our choosing, may contact you by telephone at any telephone number associated with your account, including wireless telephone numbers, which could result in additional charges to you. Hardware and Equipment Florida, assignee, or any collection agency of our choosing, may also contact you by sending text messages or e-mails, using any e-mail address you provide to use. Methods of contact may include using pre-recorded/artificial voice messages and/or use of an automatic dialing device, as applicable. 
11. Miscellaneous: No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any 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 any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waiver all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. YOU AND WE EACH IRREVOCABLY WAIVER ALL RIGHT TO TRIAL BY JURY IN A LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED UNDER THIS AGREEMENT. 
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Partial Damage Waiver (PDW) 12.99
When you purchase PDW, which is not insurance, you will not be held responsible for loss damage to the car in an amount equal to the applicable deductible on your personal automobile insurance, up to a maximum waiver of $5,000, provided the loss or damage was not a result of any prohibited use of the car. $12,99 per day.
 Renter’s Signature __________________
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I decline the aditional car insurance, I will be liable for damages to the vehicle
Renter’s Signature __________________
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Sup. Liability for Damage  (LD) 10.00
The car Sutherland Car Rental includes compulsory insurance liability to third parties as required by law.
This insurance does not include coverage for damages to the vehicle owned by Sutherland Rental Car collision and theft, tipping, vandalism or theft of personal belongings; Nor for death or damage to customer or occupants traveling in the vehicle Sutherland Car Rental. I will be responsible for 100% of the repair costs up to a maximum amount equal to the value of the exemption by category of vehicle. As well as the charge for the time it could not bill the vehicle.
 
Renter’s Signature __________________
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Colitions Damage Waiver (CDW) $19.99
Collision Damage Waiver (CDW) is offered at select locations. When you purchase CDW, which is not insurance, you will not be held responsible for loss or damage to the car in an amount equal to the applicable deductible on your personal automobile insurance, up to a maximum waiver of $1,000, provided the loss or damage was not a result of any prohibited use of the car. $ 19,99 per day
 
Renter’s Signature __________________
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Loss Damage Waiver (LDW) $24.99
You agree to purchase LDW. The purchase of LDW is optional and not required in order to rent a vehicle, although, Sutherland Rental Car strongly suggests the renter to acquire it.
If you purchase LDW, Sutherland Rental Car agrees, subject to the conditions and exclusions on Paragraph 5 of the Terms and Conditions of the Rental Agreement to waive your responsibility for damage or loss of the vehicle. Strongly recommended. $24.99 per day.
 

 

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