RENTAL AGREEMENT TERMS AND CONDITIONS
1. Definitions
- Agreement: Refers to all terms and conditions found in this form and on the document titled Face Page.
- You/Your: Denotes the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and each 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/Us: Represents the business organization named in this Agreement that is renting the Vehicle to you.
- Authorized Driver: Means the renter and each additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and is at least age 18. Only Authorized Drivers are permitted to operate the Vehicle.
- Vehicle: Refers to the automobile or truck identified in this Agreement and each vehicle Dream Rental Cars substitute for it, along with all its tires, tools, accessories, equipment, keys, and Vehicle documents. This Vehicle may be equipped with an electronic locator device.
- CDW: Stands for Collision Damage Waiver.
Physical Damage: Encompasses damage to, or loss of, the Vehicle caused by collision or upset, excluding comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire, or other loss not caused by collision or upset. - Loss of Use: Refers to the loss of Dream Rental Cars' ability to use the Vehicle for any purpose due to damage or loss during this rental, including non-rental uses like display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired times 80% of the daily rental rate. You and we agree this formula represents a reasonable estimate of actual damages and not a penalty.
- Diminished Value: Represents the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement.
- Vehicle License Cost Recovery Fee: Dream Rental Cars' good faith estimate of the daily charge necessary to recover their actual total annual costs to license, title, register, plate, inspect, or pay excise tax costs on their rental fleet in the Civil Law of Quebec.
2. Rental, Indemnity and Warranties
This is a contract for rental of the Vehicle. Dream Car Rentals 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. You agree to indemnify Dream Car Rentals, defend them, and hold them harmless from all claims, liability, costs, and attorney fees incurred as a result of or arising from this rental and your use of the Vehicle. Dream Car Rentals 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 the location specified in this Agreement, on the date and time specified in this Agreement, and in the same condition that you received it except for ordinary wear. If You return the Vehicle more than 1 hour after the date and time specified in this Agreement, You will be charged for an additional half day of rental. If You return the Vehicle more than 3 hours after the date and time specified in this Agreement, You will be charged for an additional full day of rental. Service to the Vehicle or replacement of parts or accessories during the rental must have Dream Car Rentals' prior approval. You must check and maintain all fluid levels and return the Vehicle with the same amount of fuel as when rented.
4. Delivery and Return with a Concierge
If a concierge has already been dispatched to deliver or pick up a Vehicle, You have up to 30 minutes to meet him at the location and time specified in this Agreement. After a 30-minute grace period, You will incur a charge of $50 and an additional charge of $50 per every half hour after that until You arrive.
5. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Traffic Violations
You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions, and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if Dream Car Rentals elects not to repair the Vehicle. You are also responsible for Loss of Use, Diminished Value, and Dream Car Rentals' administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to Dream Car Rentals and the police as soon as you discover them. You are responsible for paying to the appropriate 3rd party all tolls, parking, traffic and toll violations, toll evasion fines, citations, other fees, penalties, forfeitures, court costs, towing, and storage charges occurring during this rental. If you fail to pay the charging entities and Dream Car Rentals pay all or any of the charges on your behalf, you will reimburse Dream Car Rentals for all such costs and, in addition, pay Dream Car Rentals an administrative fee of $50 for each such charge.
6.Accidental Damage \ Collision Damage Waiver
If you purchase Collision Damage Waiver (CDW), Dream Car Rentals waive your responsibility for a portion of Physical Damage to the Vehicle. Dream Car Rentals will not waive this right if the Vehicle was rented or an Authorized Driver was approved as a result of fraudulent information provided to us, or if the damage or loss:
is caused intentionally, willfully, or wantonly by an Authorized Driver;
occurs while an Authorized Driver operates the Vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined and determined under the law of the State where the damage occurs;
- is caused while you are engaged in any speed contest;
- occurs while pushing or towing anything, or carrying persons or property for hire, unless specifically authorized elsewhere in this Agreement;
- occurs while the Vehicle is being driven outside the United States or Canada, unless specifically authorized elsewhere in this Agreement;
- occurs while the Vehicle is being driven, with the renter’s permission or accession, by anyone other than an Authorized Driver;
- is a result of the commission of a felony by an Authorized Driver.
7.Injury to Others; Insurance
You are responsible for all injury, damage, and loss you cause to others. You agree to provide liability, collision, and comprehensive insurance covering you, Dream Car Rentals, and the Vehicle. Where state law requires Dream Car Rentals to provide auto liability insurance, or if you have no auto liability insurance, Dream Car Rentals provides auto liability insurance (the “Policy”) that is secondary to all other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the State whose laws apply to the loss. You and Dream Car Rentals reject PIP, medical payments, no-fault, and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you breach this Agreement or if you fail to cooperate in a loss investigation conducted by Dream Car Rentals or their insurer. Giving the Vehicle to an unauthorized driver terminates coverage under the Policy.
8.Charges
You permit Dream Car Rentals to reserve against your credit/debit card at the time of rental a reasonable amount in addition to the estimated charges. You will pay Dream Car Rentals at or before the conclusion of this rental or on demand all charges noted on the Face Page of this Agreement, plus:a mileage charge based on their experience if the odometer is tampered with or disconnected;
- fuel and a refueling charge if you return the Vehicle with less fuel than when rented;
a charge for the total cost of all tolls billed to your Vehicle's E-ZPass throughout the term of your rental; - all expenses incurred by Dream Car Rentals recovering the Vehicle if it is not returned as promised;
- all costs, including pre- and post-judgment attorney fees, incurred collecting payment from you or otherwise enforcing or defending their rights under this Agreement;
- a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after the rental concludes;
- $50 or the maximum amount permitted by law, whichever is greater, if you pay Dream Car Rentals with a check returned unpaid for any reason;
- And a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented. All charges are subject to Dream Car Rentals' final audit. If errors in the computation of the charges are discovered after the close of this transaction, you authorize Dream Car Rentals to correct the charges with your credit/debit card issuer.
9. Deposit. We may use your deposit to pay all amounts owed to us under this Agreement.
10.Your Property
You release Dream Car Rentals, their agents, and employees from all claims for loss of and damage to your personal property or that of another person, that Dream Car Rentals received, handled, or stored, or that was left or carried in or on the Vehicle or in a service vehicle or in their offices, whether or not the loss or damage was caused by their negligence or was otherwise their responsibility.
11. Breach of Agreement
The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against Dream Car Rentals for criminal reports or prosecutions that they take against you that arise out of your breach of this Agreement.
12. Extension of Rental Period
If you wish to extend the rental period, you must submit a request in the "My Account" menu of the Dream Car Rentals website (www.dreamcarrentals.com) by using the "extend my order" function; all requests for any extensions to the term of your order are subject to Dream Car Rentals' approval. If Dream Car Rentals has not approved the requested rental extension, the Vehicle must be returned at the date and time and location specified by the initial Agreement. This Agreement constitutes the entire agreement between you and Dream Car Rentals. All prior representations and agreements between you and Dream Car Rentals regarding this rental are void.
13. Miscellaneous
A waiver by Dream Car Rentals of a breach of this Agreement is not a waiver of an additional breach or waiver of the performance of your obligations under this Agreement. Dream Car Rentals' acceptance of payment from you or their failure, refusal, or neglect to exercise their rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release Dream Car Rentals from all liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If a provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
14. Cancellation Policy
Customers may cancel 72 hours prior to the reservation start date for a full refund. If a cancellation is made within 72 hours of the reservation start date and time, Dream Car Rentals can only provide an e-credit which can be applied toward future rental reservations with Dream Car Rentals.