1. Nature of this agreement -The agreement is between Legends Car and Van Rentals and you (the customer). Legends Car and Van Rentals rents the vehicle identified in the rental agreement based on our terms and conditions to you as a customer. You (The Renter) and any authorized drivers:
a. Are not agents of Legends Car and Van Rentals.
b. May not transfer the vehicle or any rights or obligations under this agreement.
c. May not service or repair the vehicle without Legends Car and Van Rentals prior approval Legends Car and Van Rentals do not give any warranties of Merchantability or that the Vehicle fits for any purpose.
2. Who is authorized to drive this vehicle? Only drivers listed in the rental agreement as “authorized drivers” may drive the vehicle. No other person may drive the vehicle except in an emergency as permitted by law. All authorized drivers must be at least 25 years of age and have a valid driver’s license. As Legends Car and Van Rentals discretion, other qualifications may be in effect at the time and place of rental. Legends Car and Van Rentals may impose an additional fee for additional drivers.
3. Rental period and vehicle returns The period of your rental of the vehicle for the calculation of charges start either when you take custody of the vehicle or at the time indicated in the rental agreement, whatever time is earlier. If you take possession of the vehicle earlier or return it later than stated in your rental agreement, additional charges may apply. The vehicle must be returned in the same condition than it was received (except for ordinary wear and tear) to the address specified as return location by Legend Van Rentals in the rental agreement. If you do not return the vehicle as required a cleaning charge, drop off charge and/or rate charges shall apply. Failure to return the vehicle when due or extending the rental agreement without permission of Legends Car and Van Rentals will terminate any insurance coverage provided with this agreement. Legends Car and Van Rentals and/or it authorized employees may recover the vehicle without demand at your expenses if it is illegally parked, appears abandoned or is used or obtained in violation of law or of this agreement. Legends Car and Van Rentals will not be liable to you or any authorized driver for damages resulting from such recovery. If permitted by law, you waive any right to a hearing or to receive any notice of legal process, as per condition of Legends Car and Van Rentals to recover the vehicle.
4. Responsibility for loss and damage to the vehicle
a. Regardless of fault, the renter is responsible for loss of or damage to the vehicle except for ordinary wear or theft unless the theft results from failure to exercise ordinary care by the renter or the authorized driver. Among such damages or losses, you are liable for the cost of repair limited to the value of the vehicle, its loss of use and related revenue, diminished value, towing, storage and impound fees and all other related costs.
b. Your insurance or credit card company may cover all or part of your financial obligation for damages or loss of the vehicle. You should review the scope of your insurance coverage and what deductible may apply and shall provide that information to Legends Car and Van Rentals upon request.
c. If the vehicle is not returned to Legend Van Rentals for any reason, including an alleged theft, you are fully liable and shall reimburse Legends Car and Van Rentals for the full value of the vehicle as provided by law.
d. You agree to protect the vehicle from vandalism and theft while the vehicle is in your possession, otherwise you will be responsible for the vehicle. While the vehicle is in your possession you shall:
i. Close all windows and lock all doors before leaving the vehicle for any lengths of time.
ii. Park the vehicle only in areas that are safe and secure.
iii. Keep the vehicle ignition key in an authorized driver’s possession at all times.
iv. Not leave the vehicle key in the ignition, door or trunk if the vehicle is not in use.
v. Not give the vehicle ignition key to any valet attendant or other person who is not an authorized driver.
vi. Not make a copy of the ignition key.
vii. Not leave personal effects like cameras, wallets and other valuables in the vehicle so they are visible to the outside while the vehicle is unattended.
e. In an event of and mechanical breakdown or malfunction you or the authorized driver will cease operation of the vehicle at the first sign of mechanical trouble to avoid larger damage to the vehicle or its engine. In such an event, you agree to contact Legends Car and Van Rentals immediately.
f. Any service to or replacement of a part or accessory of the vehicle may only be done with Legends Car and Van Rentals prior written approval.
g. If you or an authorized driver smells any oil, diesel or any kind of burning you agree to stop the vehicle immediate in a safe place and call Legends Car and Van Rentals for roadside assistance. A Legends Car and Van Rentals employee or/and authorized Roadside Assistant Partner will come out and inspect the vehicle and make arrangements for a replacement vehicle, if necessary and available. In case of a vehicle fire you agree to immediately call the fire department first and then notify Legends Car and Van Rentals.
h. You agree to immediately report to the police any accidents involving property or bodily injury.
i. In an event of an accident causing any property damage or bodily injury you agree to inform Legends Car and Van Rentals immediately. You also agree to send a detailed explanation of how the accident happened to Legends Car and Van Rentals within 24 hours after the accident.
j. You will not authorize any repairs to the vehicle without prior Legends Car and Van Rentals approval. You are fully responsible for and liable for any unauthorized repairs and any damage caused thereby.
5. Prohibited use of vehicles Any use or treatment of the vehicle as prohibited in Section 4 or this Section (Section 5) will breach the rental agreement and make you fully responsible for Legends Car and Van Rentals damages, costs and attorney fees resulting from the breach. Also, it will void any insurance protection provided by Legends Car and Van Rentals under this agreement. Subject to applicable law, you and any authorized drivers may not permit the vehicle to be handled, driven or operated:
a. By anyone other than an authorized driver who also has a current driver’s license (not suspended or revoked).
b. Anyone under the influence of alcohol or drugs.
c. Without Legends Car and Van Rentals, prior written permission outside of the united states, off road, on any unpaved road, race track, to tow or push anything or for driver training purposes.
d. To transport persons for compensation (unless you are in the regular business of doing such, have informed us such, and are properly licensed, permitted and insured with Legends Car and Van Rentals named as additional insured under your insurance policy.
e. In any speed test or contest.
f. In connection with conduct that could be charged as a felony.
g. In a willful, wanton or reckless manner.
h. If the vehicle is obtained from Legends Car and Van Rentals by fraudulent or false means.
i. To transport hazardous or explosives substances.
j. When overloaded or improperly loaded.
k. Without using seat belts and/or required child restraints.
l. By leaving the vehicle unattended without removing the keys and locking all doors, windows and trunk.
m. Using the vehicle when use will cause damage (e.g. warning lights on, flat tire, steam rising from engine).
n. In connection with any conduct that is illegal.
o. To drive in or through a structure where there is insufficient clearance whether of height or width and; to drive vehicle if cargo is improperly loaded and/or securedUpon any breach of this agreement, Legends Car and Van Rentals may repossess the vehicle and you shall return the vehicle immediately if requested by Legends Car and Van Rentals.
a. Legends Car and Van Rentals may peacefully repossess the Vehicle without demand or notice to any Renter at any time if:
i. the Vehicle is used in violation of the law;
ii. the Vehicle is used in violation of any term or condition of this Agreement;
iii. the Vehicle reasonably appears to be abandoned;
iv. the Vehicle is illegally parked and/or subject to towing;
v. the Vehicle is not returned as required by Section 2 and 3; or
vi. the Renter is convicted of DUIs or receives an excessive amount of tickets (i.e. more than 2 per month).
b. Legends Car and Van Rentals is granted the right by the Renter to enter the premises, residences, or other property under the control of Renter for repossession of the Vehicle and Renter shall not interfere with Legends Car and Van Rentals in such case.
c. If the Vehicle is repossessed/recovered by Legends Car and Van Rentals or is left at or delivered to location other than the Designated Return Location, the Renter is responsible, and to the extent paid for by Legends Car and Van Rentals, will reimburse Legends Car and Van Rentals for the cost of transporting the Vehicle to the Designated Return Location, such costs include but are not limited to the costs of a driver and his lodging and meals.
d. Renter(s) is liable, and to the extent paid for by Legends Car and Van Rentals, will reimburse Legends Car and Van Rentals for all attorneys’ fees incurred by Legends Car and Van Rentals or associated with recovering the Vehicle, regardless of whether from renter(s), governmental authorities or otherwise.
7. Payment Policy – A non refundable $100.00 down- payment or a 25% down-payment, whichever is higher, will be made with a credit card to hold Your reservation. If a valid cancellation (please read cancellation policy below) shall occur, the down payment may be used towards a future rental within one year of the original reservation date. At times the down payment may be the full (100%) rental balance if Your reservation is made less than seventy-two (72) hours prior to Your rental. Debit cards are not accepted unless the full (100%) rental amount is paid upfront plus a $500.00 deposit. When paying with a Credit Card, the remaining 75% of Your rental balance is due no later than your rental pickup date. If paying by credit card, your account will be charged 1 to 3 business days prior to your scheduled pick up of the vehicle. Additionally, a $500.00 deposit hold will be placed to your credit card before your scheduled rental which will be fully refunded when no extra charges need to be applied after the rental. If charges are applied to your invoice after the rental, such as but not limited to cancellation fees, additional miles, extended rental days, damages, parking tickets, tolls, toll violations and downtime, you authorize Legends Car and Van Rentals to charge your credit card. The deposit will only be released after the charges have been processed by our merchant services, typically 1 to 7 business days after the charge was applied. If the charges after the rental cannot be charged, the deposit will be charged and the Renter(s) will remain liable for the amount owed including late fees and any interest applied. Additional mileage, fuel and/or damages will be calculated once your rental vehicle has been retrieved from its return point and has gone through its final inspection. An invoice will be sent via email 2 to 7 business days after your rental with your final payment due. A $25.00 fee applies for all debts 7 to 25 days past due and $50.00 past due over 26 days. Additionally, all overdue amounts shall bear interest at the lowest of 1.5% per month or of the maximum amount allowed under applicable law.
8. Cancellation and Refund Policy: All cancellations must be made (via phone call AND email) a minimum of seventy-two (72) hours prior to the reservation and/or Rental Agreement pickup date. The full down payment amount will apply and be owed to us.
If the cancellation is made less than seventy-two (72) hours prior to the reservation and/or Rental Agreement pick up date the FULL (100%) balance of the rental will be due. Delivery, transfer, one-way fees and/or our drivers scheduled flights are non-refundable. Legends Car and Van Rentals reserves the right to cancel any reservations/bookings before or during the rental. There are no refunds for vehicles returned early or before the Rental Agreement due date. Legends Car and Van Rentals is not responsible and/or will not issue any refunds for manufacturer based issues with the vehicle.
9. Payment of Charges; Other Charges: If you direct the charges to be billed to someone else or to a credit card, you represent and warrant that you are authorized to do so. If You use a credit card to pay for charges, you authorize Legends Car and Van Rentals to reserve credit and to process an appropriate voucher with the card for all estimated charges at the time of the rental, for all additional charges at the completion of the rental, and for corrected charges upon audit and notification by Legends Car and Van Rentals where permitted by law. If the person or organization you direct us to bill fails to pay the charges when due, you agree you are hereby guaranteeing their obligations and you will promptly pay the charges on demand. Charges not paid when due or paid by a check that is returned to Legends Car and Van Rentals unpaid will be subject to a late payment fee as described in Section 7 and/or returned check charge of $50.00 per each failed payment as partial reimbursement of Legends Car and Van Rentals related administrative efforts. You are responsible for and You will pay Legends Car and Van Rentals on demand all amounts incurred in relation to this Agreement of Your rental of the Vehicle, including but not limited to the following: All time and mileage charges as computed on the Rental Record with mileage determined by reading the Vehicle odometer. All charges for taxes, permits, service and equipment, excessive wear and tear, or keys locked in the Vehicle and optional Collision Damage Waiver (CDW) or insurance products when purchased. For each lost key, the amount of $250.00 plus postal or delivery charges if applicable.
a. A refueling charge at the rate specified. If you do not purchase fuel from Legends Car and Van Rentals at the beginning of your rental (Fuel Purchase Option), and you return the Vehicle with less fuel than when you received it. The rental rate does not include fuel.
b. All fines, penalties, forfeitures, attorney fees (unless prohibited by law), court costs and out-of-pocket expenses incurred by Legends Car and Van Rentals unless the fault of Legends Car and Van Rentals;
c. All charges related to loss of or damage to the Vehicle as specified in this Agreement, as well as all loss or damage to the Vehicle, regardless of fault or cause, occurring during the period beginning when the Vehicle is initially provided to you and ending when the Vehicle is returned to the custody of Legends Car and Van Rentals;
d. All reasonable costs (including but not limited to parking charges, parking citations, towing, another vehicle rentals from other companies, the rental of another of our vehicles as well as the transfer to the Renter(s) current location, taxis and public transportation, storage and impound fees, Insurance Deductible) arising from;
i. the Vehicle being returned or left at any location other than the Designated Return Location;
ii. Your breach of this Agreement;
iii. the Vehicle being seized by a governmental authority, if such seizure arises from your conduct;
iv. normal maintenance of the Vehicle according to the manufacturer’s recommended maintenance plans and schedules; or
v. damage to the Vehicle which occurs during any period that Sprinter Rentals grants you access to the Vehicle.
vi. All attorneys’ fees incurred by Legends Car and Van Rentals or associated with recovering the Vehicle, regardless of whether from renter(s), governmental authorities, or otherwise.
vii. All parking or traffic violation fines incurred during the period starting from when You or an Authorized Driver takes custody of the Vehicle and ending upon its return to the custody of Legends Car and Van Rentals, and further as a reasonable estimate of the administrative costs related to the management of any fines, you agree to pay to Legends Car and Van Rentals a $25.00 fee for each fine managed by Legends Car and Van Rentals.
e. In the event the Vehicle arrives at the Designated Return Location more than 59 minutes after the return time indicated on your Rental Agreement, then
1) if the period it is overdue is less than 3 hours then You will pay an additional fee equal to 50% of the daily rental price then being quoted to You or third parties,
2) if the period is 3 hours or more but less than 24 hours then You will pay an additional fee equal to 100% of the daily rental price then being quoted to You or third parties, and
3) if the period is 24 hours or more, then you will pay an additional fee equal to 150% of the daily rental price then being quoted to third parties for each day (a partial day shall be rounded up to a full day). Further, if due to the unavailability of the Vehicle, costs are incurred such as a discount to a party that was to rent the Vehicle on its return or costs to procure a replacement Vehicle, you will be responsible for such costs.
f. In the event the Vehicle is not returned in a condition of cleanliness that is the same as when initially received by You, you agree to pay a $75.00 cleaning fee. Our Vehicles are smoke free vehicles. If the Vehicle returns with evidence of smoking (for example: butts, smell, ash, burning evidence and tobacco remnants) you allow Legends Car and Van Rentals to charge $250.00 to the credit card Legends Car and Van Rentals has on file for the reservation. If the Vehicle returns with signs of other smoking substances (for example marijuana, cigar and other heavily odor substances) you allow Legends Car and Van Rentals to charge $350.00 to the credit card on file for the reservation.
g. In addition, Renter(s) will pay an administrative fee of $75.00 per occurrence of damage to the Vehicle, to Legends Car and Van Rentals even if this results from an error or false testimony of the Renter(s). No matter who is responsible for the damage or accident, the Renter(s) will pay the administrative fee forgoing. This fee does not apply to maintenance related issues or manufacturer related issues.
h. The Renter(s) is liable for all losses of income from rentals scheduled for the vehicle he possessed incurred due to damages to the same vehicle whether the damages were caused by the renter or any other person for any reason or cause. Renter agrees to pay a daily Down-time fee of $99.50. The count of days will start at the agreed retuned day settled before the rental commenced until the day the Vehicle returned to any of our locations after being fully repaired and being completely operational and safe to drive.
i. Charges may be applied to the card on file for the reservation long after the invoice is issued, as the amount charged depends on when Legends Car and Van Rentals receives the balance due or invoice from a third party which includes but is not limited to auto shops, dealerships, DMV’s, contractors, roadside assistance, insurance companies, and others.
j.Failing to pay any charge agreed on this Rental Agreement is considered a refusal of payment which includes but is not limited to disputing any credit card charge. The applicable fees and interest rates will be added to Your bill and charged on the card on file. You hereby authorize Legends Car and Van Rentals to collect from and charge your credit cards for all costs or fees reimbursable or payable to Legends Car and Van Rentals under this Agreement. All overdue amounts shall bear interest at the lowest of 1.5% per month or of the maximum amount allowed under applicable law.
10. Accidents, Theft, Vandalism, and Claim Reporting. You must immediately report any accident, theft, or vandalism of the Vehicle to Legends Car and Van Rentals or to its insurer, if directed by Legends Car and Van Rentals, and to the police in the jurisdiction where the incident occurred. you must promptly deliver to Legends Car and Van Rentals any papers relating to such incidents that are received by you or any Authorized Driver. You and Authorized Drivers will cooperate fully with Legends Car and Van Rentals and its insurer in investigating and defending any claim or lawsuit including providing the name of your and their insurer, FAILURE TO COOPERATE MAY VOID ANY LIABILITY INSURANCE COVERAGE AND ANY LIMITATION OF YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE VEHICLE. Where permitted by law, You and all Authorized Drivers authorize Legends Car and Van Rentals to obtain any records or information relating to any incident, consent to the jurisdiction of the courts where the incident occurred, and waive any right to object to such jurisdiction.
11. Personal Property Indemnity and Limits on Liability – Your Indemnification of us.
a. Regardless of who is at fault, You agree
i that Legends Car and Van Rentals, their affiliates, employees and agents (the foregoing being the “Legends Car and Van Rentals Indemnified Parties”) are not responsible to You or any person for loss or damage to your or their personal property left at any time in, on, or about the Vehicle or Legends Car and Van Rentals premises;
ii to waive all claims against such parties for such loss or damage; and
iii to release, indemnify and hold such parties harmless from claims arising from or relating to such loss or damage, whether or not said loss or damage was caused by or related to negligence of Legends Car and Van Rentals or Vehicle malfunction. You assume all risk of such loss or damage and waive all claims against Legends Car and Van Rentals arising from such losses.
b. You acknowledge that Legends Car and Van Rentals does not agree to nor represents that it will indemnify or insure You or any other party against any claim for bodily injury or property damage caused to any third party and You shall solely be liable for such claims.
c. YOU SHALL REIMBURSE, INDEMNIFY AND DEFEND Legends Car and Van Rentals INDEMNIFIED PARTIES FROM AND FOR ALL HARM, DAMAGES, LOSSES, CLAIMS, AND THE LIKE, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, ARISING FROM OR IN RELATION TO
i. ANY OF YOUR, OR THAT OF AN AUTHORIZED DRIVER’S USE, OPERATION OF, OR POSSESSION OF THE VEHICLE,
ii. ANY BREACH OF THIS AGREEMENT BY YOU, AND
iii. ANY BREACH BY YOU OF APPLICABLE LAW.
d. Legends Car and Van Rentals INDEMNIFIED PARTIES SHALL NOT BE LIABLE IN WHOLE OR IN PART FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF TIME, INCOME, LODGING, PERSONAL EXPENSES, LOSS OF BENEFITS, SUFFERED OR INCURRED BY YOU, ANY AUTHORIZED DRIVER OR ANY THIRD PERSON RELATING TO OR ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE VEHICLE, INCLUDING MECHANICAL BREAKDOWN OR FAILURE TO HONOR A RESERVATION. YOU AGREE THAT THE SPRINTER RENTALS INDEMNIFIED PARTIES’ LIABILITY TO YOU SHALL BE LIMITED THE AMOUNTS RECEIVED FROM YOU.
12. Liability Insurance and related indemnity.
All designated drivers must provide proof they have a valid driver’s insurance covering rental vehicles. Legends Car and Van Rentals reserves the right to accept Renters Drivers Insurance through a Credit Card or a company insurance covering all Additional Drivers. Lessor’s policy will provide Contingent Liability Insurance for Bodily Injury or death and Property Damage for the Lessee or other designated driver on this Agreement, but only if such Lessee or other designated driver;
1. Has no other available insurance or self-insurance, whether primary, excess or contingent, the Lessor’s policy provides coverage only up to the minimum financial responsibility limit required in the state in which the loss occurred; or
2. Has other available insurance less than minimum financial responsibility limits, the Lessor’s policy is excess only for the amount by which the limits required by statute exceed the limits of the Lessee’s or other designated driver’s insurance, or retained limit. Lessor’s insurance applies only in the United States and Canada. Lessee must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, Lessee rejects uninsured, underinsured, supplemental personal injury protection, and no-fault coverage. WHERE PERMITTED BY LAW, LESSOR HAS ELECTED NOT TO CARRY UNINSURED AND UNDERINSURED MOTORIST COVERAGE. Where Lessor is required to provide such insurance, Lessee is afforded the minimum limits required by law. Lessor does not cover any liability imposed by worker’s compensation or similar statute. You must call the police immediately to the scene of any accident involving the vehicle and make a written report of any accident to Lessor no later than 24 hours after the occurrence or after termination of this Agreement, whichever is earlier. You must cooperate with Lessor’s insurance company. Any breach of this Agreement will void any insurance coverages.
13. GPS Tracking or Electronic Surveillance Technology (EST): Hereby, you acknowledge that Legends Car and Van Rentals might have Electronic Surveillance Technology (EST) such as GPS tracking devices installed on some of the vehicles, to track lost or stolen vehicles. In compliance with the California Civil Code Section 1936 – 1936.1 Legends Car and Van Rentals may only use the tracking system to assist the Renter during the time of the rental in case of vehicle breakdowns or only when explicitly requested or agreed to by the Renter.
14. Additional Terms and Conditions:
a. Any change, modification, or waiver of any term or condition of this Agreement is null and void unless set forth in a writing signed by you and Legends Car and Van Rentals at the beginning of the rental. Such writing must express an intention to be incorporated into this Agreement or to amend this Agreement.
b.If any part, term, or provision of this Agreement shall be held void, illegal or unenforceable, the validity of the remaining parts, terms or provisions shall not be affected thereby.