Terms and Conditions
Please read these Terms and Conditions carefully before renting a vehicle from 561 Rentals ("we," "us," or "our"). By renting a vehicle from us, you agree to be bound by these Terms and Conditions.
1. Definitions
"Renter" or "You": The individual or entity identified as the renter in the Rental Agreement.
"Lessor" or "Owner" or "We": 561 Rentals, a company registered in Florida, USA.
"Vehicle": The specific automobile identified in the Rental Agreement, including all its parts, accessories, and documentation.
"Rental Agreement": The contract signed between the Renter and the Lessor, which incorporates these Terms and Conditions.
"Rental Period": The period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.
"Additional Authorized Driver(s)" or "AAD(s)": means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter's spouse or domestic partner (same or opposite sex) who meets the minimum rental age and holds a valid license.
"Optional Accessories": means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products accepted by Renter.
2. Eligibility for Rental
Age Requirements: Renter and any additional drivers must be at least 24 years old and not exceed 80 years old.
Valid Driver's License: All drivers must possess a valid, non-probationary driver's license from their country of residence, held for at least [e.g., 1-2] years. An International Driving Permit (IDP) is required if the domestic license is not in English.
Payment Method: A valid credit card in the Renter's name is required for all rentals and for the security deposit. Debit cards may be accepted under specific conditions (e.g., upon return, specific verification).
Identification: Valid photo ID (e.g., passport, national ID card) may be required.
3. Rental Period
Pick-up and Return: The Vehicle must be picked up and returned at the location, date, and time specified in the Rental Agreement. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before return date to the address stated on the Rental Agreement Summary or on Owner's demand and in same condition as received, ordinary wear and tear excepted.
Late Returns: Late returns may incur additional charges (e.g., hourly rate, full day rate, late fee).
Early Returns: Early returns may not result in a refund for the unused portion of the rental period.
Extensions: Any extension of the Rental Period must be pre-authorized by Lessor and may be subject to additional charges and new terms. Extensions to Rental Period are at Owner's option.
4. Rates and Charges
Rental Rate: The hour, day, week and month charges as set forth on the Rental Agreement Summary for the Rental Period. The "/hour" charge if shown on the Rental Agreement Summary shall apply to each full or partial hour in excess of a day. The hourly charges shall not exceed the cost of one additional day.
Mileage: The mileage charge per mile for all miles exceeding any free miles set forth on the Rental Agreement Summary permitted for the Rental Period.
Fuel Policy: Vehicle must be returned with the same fuel level as when taken, with the same type of gas. If the Renter does not return the Vehicle with the gas tank full of the required type of fuel, the Renter agrees to a flat-rate fuel charge ("Fuel Charge"). The Fuel Charge is calculated based on the estimated average cost of fuel during the rental period and the anticipated time and distance that the rented vehicle will be driven, as well as the time taken by the Owner team to fuel the vehicle. The Fuel Charge is payable in advance at the beginning of the rental period, in addition to the rental fee and any other charges due under this Agreement, or may be taken from the Deposit.
Additional Charges (Non-Taxes): Including, but not limited to, the one way fee (for returning to a predetermined location other than the Branch Address on the Rental Agreement Summary), fees for AAD(s) and/or fees based on Renter or AAD(s) age. Also includes any charge for the construction, financing, operation and/or maintenance of the consolidated rental car facility, and/or transportation related facilities, and a vehicle cost recovery fee to cover licensing, titling, registration, number plates and inspection costs.
Taxes and Other Mandatory Charges: All applicable local, state, and federal taxes, fees and other mandatory charges imposed by states, counties and other governmental authorities.
Late Charge: A late charge of 1.5% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
5. Payment and Security Deposit
Payment: Full payment for the estimated rental charges is due at the time of pick-up. Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day.
Authorization: If a credit card or debit card has been presented as a means of payment, deposit or security, Renter authorizes Owner to submit for payment on such card(s) all amounts owed under this Agreement including if any third party to whom a billing was directed refuses to make payment. In the event Owner initiates any charge to such card(s) that is dishonored for any reason, Renter authorizes Owner to re-initiate such charge without further authorization from Renter.
Security Deposit (the "Deposit"): The Renter shall provide a Security Deposit to the Owner, as specified in the Agreement. This Deposit is intended to cover potential costs such as, but not limited to, damages to the vehicle, tow charges, unpaid tolls, traffic violations, or any other charges arising from the use of the rented vehicle.
Deposit Reduction & Top-Up: In the event of any chargeable incident that reduces the Deposit amount during the course of the rental period, the Owner reserves the right to immediately deduct the corresponding charges from the Deposit. Should the Deposit be reduced, the Lessee is required to replenish the Deposit ("Top-Up") back to the original amount within 24 hours of being notified by the Owner. Failure to replenish the Deposit may lead to immediate termination of this Car Rental Agreement without any refund and may also result in additional charges for any continued unauthorized use of the vehicle, or immediate remote shutdown of the Vehicle.
Return of Deposit: Subject to any deductions, the Deposit will be returned to the Renter as outlined in the terms and conditions of this Car Rental Agreement. The deposit will be held by the owner until a full inspection of the vehicle is conducted, which typically takes place within 24-72 hours, and any necessary deductions for damages, fines, or other charges are determined. All charges are subject to final audit by Owner.
6. Vehicle Use Restrictions
Authorized Drivers: Only the Renter or Additional Authorized Driver(s) (AAD(s)) may operate the Vehicle without Owner’s prior written consent.
Prohibited Uses: The Vehicle may not be used for:
Transporting persons for hire; as a school bus; or for driver training.
Transport of products for hire as a common carrier, a contract carrier or a private carrier of property UNLESS specific insurance and licenses are obtained.
Any illegal purposes, in any illegal or reckless manner in a race or speed contest; or to tow or push anything.
Carrying passengers in excess of the number of seat belts provided by manufacturer or outside of the passenger compartment.
Removing any seats from Vehicle.
Driving by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs.
Loading in excess of vehicle's gross vehicle weight rating ("GVWR").
Driving or taking outside the states authorized on the Rental Agreement Summary (e.g., Miami-Dade County unless prior written approval is given).
Driving on an unpaved road or off-road.
Operation by anyone who has given a fictitious name, false address, or a false or invalid driver's license; whose driver's license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner; or who misrepresents or withholds facts material to rental, use or operation of Vehicle.
Transferring or assigning this Agreement and/or subleasing Vehicle.
Storing or transporting explosives, chemicals, corrosives or other hazardous materials or pollutants.
Carrying a passenger under the age of seven unless that passenger is restrained in a Federally approved child restraint system.
Testing Vehicle's technological components or capabilities.
Smoking in the Vehicle (smoking will result in loss of any deposits paid).
Transporting pets without prior authorization (cleaning fee may apply). [Adapted from user's original text]
Violations & Penalties: Any violation of these restrictions will automatically terminate the Rental Agreement, and Owner may repossess the Vehicle and retain the Renter's deposit. The Owner implements a three-strike policy for speeding violations. AFTER THE THIRD STRIKE, THE OWNER RESERVES THE RIGHT TO REPOSSESS THE VEHICLE AND RETAIN THE RENTER'S DEPOSIT.
7. Ownership, Vehicle Condition, & Maintenance
Ownership: Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate.
Condition at Pick-up: Renter acknowledges and agrees they inspected, or had the opportunity to inspect the Vehicle before the Rental Period begins, and confirms that the Vehicle is in good and operable condition. Renter received Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES "AS IS". OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Return Condition: Renter agrees to return the Vehicle in its current condition, notwithstanding other provisions in this Agreement, with FUEL AT THE SAME LEVEL AS WHEN TAKEN, WITH THE SAME TYPE OF GAS.
No Alteration/Tampering: Renter agrees not to alter or tamper with Vehicle or any Optional Accessories.
Unsafe Vehicle: If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.
Minor Damages: Renter acknowledges that minor damages, such as rim scratches and paint chips, may occur during the Rental Period. THE COST OF REPAIRING SUCH MINOR DAMAGES WILL BE DEDUCTED FROM THE RENTER'S DEPOSIT AS PER THE PRICING PROVIDED BY THE OWNER.
8. Insurance and Liability
Renter's Responsibility: Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God. Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter is also responsible for all third-party claims arising from the use of the Vehicle.
Lessor's Insurance: Owner complies with applicable motor vehicle financial responsibility laws as an insured, a state certified self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the applicable state or otherwise by law, Owner does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement. Lessor provides statutory minimum liability insurance as required by Florida law. [Adapted from user's original text]
Renter's Own Insurance: If valid automobile liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable state motor vehicle financial responsibility law, then Owner extends none of its motor vehicle financial responsibility. Renter's personal auto insurance may provide coverage. Renter should consult their insurance provider regarding coverage for rental vehicles.
Optional Coverages: [Describe any optional coverages offered, such as Collision Damage Waiver (CDW) / Loss Damage Waiver (LDW), Supplemental Liability Insurance (SLI), Personal Accident Insurance (PAI), Personal Effects Coverage (PEC), and clearly state what they cover and what they do not cover, and if they are subject to deductibles.]
Indemnification by Renter: Renter shall defend, indemnify and hold Owner harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to, third parties. Renter may present a claim to Renter's insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner for all such losses.
Personal Injury Protection and Uninsured/Underinsured Motorist Protection: Except as required by law, Owner or its affiliate do not provide personal injury protection, no fault benefits or medical payment coverage (collectively "PIP") or uninsured/underinsured motorist protection ("UM" or "UIM") through this Agreement. If Owner or its affiliate is required by law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by law.
Third Party Proceeds: If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter's right to receive such payment.
Attorney-in-Fact: Renter grants Owner a limited power of attorney to present insurance claims to Renter's carrier/credit card company if Vehicle is damaged/lost/stolen and Renter fails to pay, or if liability claims arise against Owner, and to endorse Renter's name to receive payments.
9. Accidents and Breakdowns
Damage to, loss or theft of, Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident.
Renter must immediately deliver to the office every process, pleading or paper relating to any claims, suits or proceedings arising from such accident.
Renter shall cooperate fully with Owner and its representatives in the event of a claim, suit or legal proceeding.
Vehicle may be equipped with an event data recorder or similar device for the purpose of recording data about the operation of Vehicle. Renter consents to Owner or its representatives retrieving and using such data.
Roadside Assistance: For roadside assistance in the U.S. and Canada call 1-800-307-6666. Charges apply for any service(s) provided to Renter. RENTER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH ROADSIDE ASSISTANCE, INCLUDING COSTS FOR TOWING, WHICH OWNER SHALL HAVE THE AUTHORITY TO DRAW FROM ANY APPLICABLE SECURITY DEPOSITS.
10. Cancellation Policy
* [Outline your cancellation policy, e.g., "Free cancellation up to 24 hours before pick-up. Cancellations within 24 hours may incur a fee of X% or $Y."].
11. Tolls, Parking Tickets, and Traffic Violations
* Renter is responsible for all fines, costs, charges and attorneys' fees paid or to be paid by Owner, its affiliates or a third party for legal violations, parking, tolls, towing and storage and the like occurring during the Rental Period. * Renter consents to the payment of all fines, tolls and violations by Owner on Renter's behalf without advance notice. Owner may provide Renter's information to authorities/third parties to process payment and/or transfer liability. Owner may assess a fee of up to $25 per incident for administration. * Tollpass: A Tollpass convenience charge (“TCC”) (where available) of up to $5.00 per day of Rental Period for each day Vehicle is operated on a tollpass automatic service covered road and Vehicle operator does not pay an applicable toll. Total TCC charges will not exceed $25.00 per Rental Period. RENTER EXPRESSLY AUTHORIZES OWNER OR ITS AFFILIATE TO TRANSFER RENTER'S NAME, ADDRESS, CREDIT CARD INFORMATION AND ALL OTHER DATA NECESSARY TO ENABLE THE COLLECTION OF ALL TOLLS AND ASSOCIATED CHARGES INCURRED DURING THE RENTAL PERIOD.
12. Loss of Use / Diminished Value
* Renter agrees to reimburse Owner for loss revenues for the inability of 561 Rentals to rent the Vehicle due the default of the Renter or any damage caused by Renter. Loss revenue shall be calculated as the daily rental rate of the vehicle times the number of days the vehicle is out of use. * Diminished value of the vehicle due to the fault of the Renter shall be calculated and added to the final settlement value. If Renter/Member's Insurance provider denies coverage, the Renter can be held liable for three times the amount of the vehicle's market value.
13. Clutch and Transmission
* Renter asserts they have received the vehicle with the clutch and transmission in good working condition. In the event there is any damage to the clutch or transmission, Renter agrees to pay 561 Rentals for any and all costs incurred as a result of damages. Renter also agrees to pay for such damages via their cash deposit or via the credit card on file. Renter acknowledges that damage to the clutch and/or transmission may not be apparent at the time the vehicle is returned due to the high temperature of the engine.
14. Odometer Tampering
* If the odometer has been tampered with, then the miles traveled will be deemed to be 500 miles per day. The Renter shall also be liable for all fines, penalties and like expenses including but not limited to parking, traffic and other offenses. All charges are subject to a 18% service / processing fee.
15. Telematics Notice and Release
* Vehicle may be equipped with OnStar or another vehicle telematics system (Telematics System). Some or all Telematics System functionality may or may not be active during the Rental Period and/or may be deactivated automatically and without warning or notice. * Renter acknowledges that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically disclaimed by Renter. * Renter authorizes any person's use or disclosure of or access to (i.) location information, (ii.) automatic crash notification, (iii) disable Vehicle and (iv.) operational condition, mileage, diagnostic and performance reporting of Vehicle. Renter shall inform all Additional Authorized Driver(s) (AAD(s)) and passengers of these terms. * Renter releases Owner and agrees to indemnify, defend and hold harmless Owner, operator of the Telematics System, wireless carrier(s) and other suppliers from any damage to persons or property caused by failure of the telematics system to operate properly or otherwise arising from its use. * Use of the Telematics System is subject to the terms and conditions and privacy statement (“Telematics Terms”) posted by the applicable Telematics System provider and/or vehicle manufacturer (in the case of OnStar, Telematics Terms are available at www.onstar.com). * Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
16. Privacy Policy
* Your use of our services and your provision of information is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information, including details shared with applicable authorities or other third parties in connection with this Agreement (such as for consumer satisfaction surveys). [Provide a link to your Privacy Policy].
17. Electronic Signatures and Legal Notices
* Parties agree that any signature or other electronic symbol or process attached to or associated with this Agreement with the intent to sign, authenticate or accept the terms of this Agreement will have the same legal validity and enforceability as a manually executed wet signature. * Parties consent to providing and receiving notices under this Agreement electronically.
18. Governing Law and Dispute Resolution
* This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to the conflict of laws provisions of such State. * Any disputes, controversies, or differences arising out of or in connection with this contract shall be resolved by mutual negotiation between the Parties' senior representatives. If negotiation fails within thirty (30) calendar days, either Party may refer the dispute for resolution by mediation in Miami, Florida, at the American Arbitration Association. If mediation fails within sixty (60) calendar days, either Party finally resolves the Dispute by arbitration administered by the American Arbitration Association in Miami, Florida. * Parties agree that services shall not be suspended pending the resolution of disputes.
19. Severability
* If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
20. Entire Agreement
* These Terms and Conditions, together with the Rental Agreement, constitute the entire agreement between the Renter and the Lessor, superseding any prior agreements.