Trip Terms and Conditions:
NOTICE: The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §§324.021(7) and 627.736, Florida Statutes.
1) Minimum Rental Age:
GUEST Must be 21 years of age and older to book and utilize vehicle.
GUEST Refers to the primary person who booked the trip request and is listed as the primary driver. We also use it to refer to any authorized secondary drivers. GUEST Must provide a valid and working phone number to utilize vehicle. GUEST will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. GUEST will not allow anyone other than a person(s) listed in the trip details as an Approved Driver to drive the vehicle GUEST booked.
3) Scope of Use:
GUEST Rental vehicle is for personal use only. GUEST may not access the rental vehicle until the trip start time and GUEST must return the vehicle on time and to the location listed on the trip reservation. GUEST must present Experience Vehicle Rentals hereby known as EVR with a current, valid driver’s license. GUEST must exercise reasonable care in their use of the vehicle. In the event EVR has any concern about GUEST(s) use of rental vehicle, EVR may terminate GUESTs trip in its sole discretion at any time, require the return of the vehicle, and/or recover the vehicle. GUEST(s)s are required to wear seat belts during the operation of the vehicle and to require that all of passenger’s wear seat belts. GUEST(s) are also required to meet any laws or regulations concerning child safety seats and other protections for children. GUEST will not take the vehicle out of the State of Florida unless authorized in writing by EVR, if out of state travel is approved with the rental vehicle GUEST will not take the rental vehicle outside the United States of America (excluding Alaska, Hawaii or U.S. territories ), to Mexica, and/or Canada.
The GUEST who booked the trip is considered the primary driver and must be the one to pick up and return the shared vehicle. EVR will not provide the vehicle keys to anyone who is not listed as the trip’s primary driver. Additional drivers may be approved through a third-party booking site or by EVR respectfully. The primary driver is financially responsible for anything that happens to the vehicle during the trip which includes any incidents, physical damage, mechanical damage, or violations regardless of fault. Primary GUEST can add up to one (1) additional driver. Additional drivers must pass a verification process and have a valid drivers license to be added to a trip.
EVR charges a $10.00 per day, per additional approved driver fee. Additional drivers 21-25 years of age will be charged $25.00 per day. Additional driver(s) must be listed, disclosed, and approved to operate EVR owned or managed vehicles. Guests who violate this policy may have their trip canceled at anytime prior to vehicle delivery or any point during the reservation period without further notice and charged a $150.00 administrative fee. If trip is canceled for violation of this policy guest will be liable for the complete trip price as listed in the vehicle reservation, plus the $150.00 administrative fee, any recovery fees, towing fees or additional costs to cure violation.
5) Prohibited Use / Operations:
Vehicle shall NOT, under any circumstances, be used for any of following purposes or under any of following conditions, and any such use is WITHOUT rental company's PERMISSION: (a) By anyone without first obtaining EVR's written consent; (b) By anyone under age 21; (c) By anyone who is not a qualified and licensed driver, 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, and/or who has obtained the keys without permission of EVR (d) By anyone whose driver's license in any state has been revoked or suspended within the previous 3 years, even if he or she now possesses a valid driver's license; (e) Conducting commercial activity including carrying persons or property for hire, transporting goods, sales calls / soliciting, guarding property, etc; (f) To propel or tow any vehicle, trailer or other object; (g) In any race, test or contest; (h) For any illegal purpose or commission of a crime; (i) To instruct an unlicensed person in operation of vehicle; (j) obtaining vehicle from rental company by fraud or misrepresentation, or who misrepresents or withholds facts to/from EVR material to rental, use or operation of Vehicle. (k) To carry persons other than in passenger compartment of vehicle; (l) Loading vehicle beyond its rated capacity; (m) While under the influence of alcohol or other intoxicants like drugs or narcotics or under any other physical or mental impairment which adversely affects driver's ability to operate the vehicle; (n) Intentionally or negligently causing damage to or loss of the vehicle; (o) On other than properly maintained & paved roadways, driveways and parking lots. Driving on dirt roads, on the beach, or "off-roading" is strictly prohibited; (p) In an unsafe, reckless, grossly negligent, or wanton manner; (q) Allowing the vehicle to be pushed or towed by anyone other than an authorized law enforcement or service vehicle; (r) To transport any flammable, toxic, volatile, poisonous, dangerous, or illegal substances; (s) Leaving the rental vehicle unattended without first stopping the engine, locking the ignition, and removing the key; (t) Leaving the rental vehicle unsecured; (u) Stop, Stand, Park and/or in any other way cause rental vehicle to be placed in restricted parking area(s) such as a handicapped parking spot without a valid handicapped placard, fire lane, crosswalk and/or other area(s) outlined within Florida Statute 316.1945; (v) Operating the vehicle at a speed greater than is reasonable and prudent under the conditions and having regard to the actual and potential hazards then existing. In every event, speed shall be controlled as may be necessary to avoid colliding with any person, vehicle, or other conveyance or object within legal requirements and the duty of all persons to use due care; (w) Operating the vehicle at any speeds greater than the posted speed limit, but at no point greater than 85mph; (x) Towing. (Y) Renter shall not transfer or assign this Agreement and/or sublease Vehicle. Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision but may be an indication that a violation of this provision has occurred. The prohibited use list is not meant to be exhaustive.
6) Prohibited Activities:
In connection with Guest(s) use of our rental vehicle and reservation system, Guest(s) agrees he/she will not, nor advocate, encourage, request, or assist any third party to: (a) Post false, inaccurate, misleading, defamatory, retaliatory, libelous, harassing, abusive, obscene, vulgar and/or sexually explicit content, or content that is inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic content against Experience Vehicle Rentals, it's employees, agents, officers or partners as outlined within the Consumer Review Fairness Act; (b) Harass, stalk, or defame Experience Vehicle Rentals, it's employees, agents, officers or partners; (c) Engage in any type of physically or verbally abusive or threatening conduct towards Experience Vehicle Rentals employees, agents or officers to include but not limited to profanity, racial or sexual comments, harassment or stalking as defined in Florida Statue 784.048.
7) Smoking, and Narcotics:
All vehicles are non-smoking and Narcotics Free. This policy covers the use of, but is not limited to, any tobacco or tobacco-related products, narcotics, marijuana or marijuana substitutes, e-cigarettes, or personal vaporizers. Smoking, vaping of any kind, use of any tobacco-based products, and/or narcotics are strictly prohibited inside or around EVR vehicles. A $500 cleaning fee will be assessed for vehicles returned with evidence that vaping, use of cigarettes, tobacco-based products, narcotics or transportation of narcotics occurred inside the vehicle such as but not limited to odor, ashes, vaping cartridges, narcotic residue, dip cups/bottles, and/or tobacco remnants in addition to any cleaning fee's as outlined in section 21, cost to replace cabin air filter, and full daily rental rate for any period the rental vehicle is unavailable to address odor, damages, and/or cleaning. This policy includes the transportation of, use of or possession of any type of illegal narcotics; marijuana, medical marijuana, cannabis and/or cannabis related products to oils and edibles even with a valid medical marijuana / cannabis license. Cannabis refers to all products derived from the plant Cannabis sativa. The word marijuana refers to parts of or products from the plant Cannabis sativa that contain substantial amounts of tetrahydrocannabinol (THC).
Animals of any kind are strictly prohibited inside EVR vehicles unless otherwise authorized in vehicle specific listing. GUEST who violate this term may have their trip cancelled without a refund at any point prior to delivery or during the trip, assessed an administrative fee of $150.00 per incident, plus any cleaning fees as outlined in section 21, cost to replace cabin air filter, and full daily rental rate for any period the rental vehicle is unavailable to address odor, damages, and cleaning.
Deposits maybe required for any animals over 15lbs or multiple animals. We require a $10.00 per day, per animal fee for any animals transported or placed inside authorized and select vehicles as listed in their vehicle specific listing. Guest will be liable for all damages caused to the rental vehicle and cleaning fees. Animals are not allowed inside any of our vehicles unless specifically authorized.
GUEST is not to exceed the safe number of passengers authorized by the number of seats listed in the vehicle advertisement, listing and/or rental agreement. As an example, four seats authorize a total of four passengers to include the use child and other safety seats. GUEST will not place, and/or utilize child seats, booster seats and/or other safety seats inside the rental vehicle without EVR's prior approval and addition of the Seat Protector Extra. GUEST who violate this term may have their trip cancelled without a refund at any point prior to delivery or during the reservation period, be liable for any and all damages to the seat(s), seat backs, restraint devices, and door panels to include but not limited to tears, cuts, scratches, discoloration, and indentations. Violations of this term will incur additional fees of $100.00 per day in addition to the damages listed above.
The rental vehicle must be returned with the equivalent amount of fuel that it was originally rented out with and fueled only with the recommended octane rating as listed within the rental agreement. GUEST will be strictly liable for all towing fee's, maintenance fees and damages caused to the vehicle for violation of this term. If GUEST fails to return the vehicle with the same level of fuel documented at the beginning of the reservation GUEST will be charged the going rate for premium fuel with an octane rating of 91 or above as required to return the vehicle to the level documented at the beginning of the reservation plus a $15.00 convenience fee. GUEST's renting a vehicle with a recommended fuel octane rating of 91 or above who fail to remit proof via a valid fuel receipt submitted to GuestServices@OrlandoEXPC.com or in person to EVR staff confirming GUEST fueled the rental vehicle with the recommended octane rating will be charged a $100.00 Fuel System Cleaning Fee.
11) Tint Damage:
GUEST is liable for all damage caused to the vehicles tinted windows if so equipped and will be charged the cost to repair the damaged tint at current fair market value to their credit card on file. EVR recommends GUEST take caution removing or inserting their seatbelt(s)
12) Vehicle Care:
EVR has vehicle specific cleaners for our vehicles that we maintain for GUEST health and safety. GUEST is not to spray and/or wipe any chemicals, sanitizers and/or cleaners onto any leather service, steering wheel, doors, glass, seats, headliner etc. as these items can cause staining and/or damage. GUEST will be strictly liable for any damages caused for violation of this term.
13) Post Trip cleaning:
EVR offers basic interior and exterior cleaning as part of the scheduled reservation at no additional cost to GUEST which is limited to normal exterior road dust, and minor dirt transfer caused from normal entering and exiting of the vehicle. This post trip cleaning does not cover moderate to severe dirt; exterior bug debris, bird feces, tree sap, and/or hard water stain removal; stains, spills, odors, removal of trash and/or any other items listed within the Cleaning Fee Schedule outlined within Term 21. Cleaning fee's will be added for vehicles returned above the basic post trip cleaning at the rates listed under term 21.
14) E-Pass Equipped / Tolls:
All EVR Vehicles are equipped with a toll pass "permanently" adhered to the windshield and active during vehicle reservations. GUEST is responsible to pay for any tolls incurred during their reservation period to include any tolls utilized while EVR staff is delivering and/or picking up the ehicle. GUEST will be charged for any toll or E-Pass related services (parking, storage, etc) utilized during their reservation period and will additionally be charged a $5.00 per day usage / processing Fee not to exceed $100.00 USD per reservation period. GUEST may elect to have the toll pass deactivated during their reservation period, if GUEST elects this option and fails not pay for any tolls and/or toll related transactions GUEST will be charged for (a) all tolls incurred (at the highest, undiscounted applicable toll rate); (b) a $15.00 per day usage / processing fee; and (c) all other applicable toll charges or fees, if any.
15) Third party liability coverage:
Guest agrees and understands any insurance, protection plans and/or coverage EVR maintains on it’s vehicles is always secondary to any other applicable insurance the GUEST may have. For example, if the Guest has their own personal auto policy, it will be primary over the EVR’s protection plains, insurance or other coverages. Most insurance policies do not provide coverage to interior components such vehicle electronics, window tint, door panels or headliners as such GUEST is strictly liable for any interior damage, stains, spills, or tears. GUEST is liable for EVR deductibles if GUEST does not have insurance, and/or Guest insurance has denied EVR claims, GUEST has insufficient insurance, or is otherwise not covered. GUEST is required to have and supply EVR proof of primary vehicle insurance that extends coverage to EVR vehicle and/or non-owned vehicle as listed in Section 16 of this agreement.
A) GUEST confirms to EVR that GUEST has primary vehicle insurance or purchased a secondary vehicle insurance policy and will provide EVR proof of insurance or coverage that will cover damage to the rental vehicle at the time this Agreement is in place as well as personal injury to the GUEST, passengers in the rental vehicle, and other persons or property. If the vehicle is damaged, stolen, and/or destroyed while it is in the possession of the GUEST or during the trip period regardless of fault, GUEST agrees to file a claim with their primary insurance provider, pay any required insurance deductible(s) and assign all rights to collect insurance proceeds to EVR or agrees to reimburse EVR the full cost to repair the vehicle via credit card, Cashier’s Check, and/or direct wire transfer within 3 days of being offered a written estimate to repair.
B) GUEST agrees to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: (a) Bodily injury and property damage liability coverage; (b) Personal injury protection, no-fault, or similar coverage where required; (c) Uninsured / underinsured coverage where required, and (d) Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the customer is providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only and is secondary to any other valid and collectable insurance whether it is primary, secondary, excess, or contingent. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States, and Canada. Customer must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, customer rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage."
GUEST agrees to indemnify, defend, and hold harmless EVR for any loss, damage, or legal actions against Owner because of GUEST operation or use of the vehicle during the term of this Agreement. This includes any attorney fees necessarily incurred for these purposes. GUEST will also pay for any parking tickets, moving violations, or other citations received while in possession of EVR Vehicle.
18) Jurisdiction and Venue:
In the event of any dispute over this agreement, this Vehicle Trip Agreement will be interpreted by the laws of the State of Florida, and any lawsuit or arbitration must be brought in Orange County, Florida. If any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.
19) Vehicle Condition, Representations and Warranties
EVR MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE OR EXTRAS ARE FIT FOR ANY PARTICULAR PURPOSE. GUEST is obtaining solely a bailment that allows GUEST to use the rental vehicle as permitted by this agreement. GUEST acknowledges that the vehicle is owned or managed by EVR. No one other than EVR may transfer the vehicle or any rights or obligations under this Agreement. Any attempted transfer or sublease of the rental vehicle by anyone other than EVR is void. Neither GUEST nor any authorized drivers are agents of EVR. No one may service or repair the rental vehicle without EVR's prior express approval. GUEST hereby represents and warrants that GUEST is legally entitled to operate EVR's motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner.
GUEST hereby agrees GUEST received the vehicle and any extras in good physical and/or mechanical condition, unless otherwise identified in the vehicle inspection report photos, acknowledges and attest GUEST has received the pre-trip vehicle inspection report electronically prior to taking possession of the rental vehicle, have been provided the opportunity to review the vehicle inspection report before taking possession of the vehicle, is taking possession of the vehicle and any extras “as-is” and has had an adequate opportunity to inspect the vehicle and any extras and their operation. GUEST agrees not to alter or tamper with the vehicle or any extras. If Guest or EVR determines the vehicle or any extra is unsafe, GUEST shall stop operating the vehicle and/or utilizing any extra immediately and notify EVR without delay.
GUEST hereby agrees to the condition of the vehicle as documented in the vehicle inspection report. In the event GUEST disagrees with the condition of the vehicle as documented in the vehicle inspection report GUEST hereby acknowledges GUEST can protect themself against an allegation that damage to the rental vehicle and/or extras occurred during the rental period by documenting with photos the condition of the vehicle and/or extras, including any existing damage, at the start of the booked trip, and that GUEST must upload the photos to the trip photo section on any third-party app, through EVR's website or via email to EVR @ GuestServices@OrlandoEXPC.com at the start of the reservation and prior to driving away with the vehicle and/or extras.
20) Legal Notice:
By submitting this reservation request GUEST confirms and attests, GUEST is of the legal minimum age of 18 years old, of sound mind and body, have reviewed, understand and agree to comply by EVR's Terms and Conditions, and was provided an opportunity to ask any and all questions related to the rental agreement and credit card authorization form prior to signing. GUEST confirms and attests they received the cancellation policy, refund policy and additionally confirm GUEST is legally able to enter into this rental agreement. GUEST additionally confirms and attests GUEST will comply with the listed terms and conditions as outlined in term 1-41 of the rental agreement, term 1-9 of the credit card authorization form and agrees to pay Experience Vehicle Rentals directly for any damage(s), deductible(s), cleaning fee(s), violations, loss of use, and/or any additional cost(s) outlined within the rental agreement regardless of any other third-party booking sites terms and/or guidelines and authorizes EVR to process these costs from my credit card on file without additional authorization. GUEST consents to the payment of all Fines, Tolls and Violations by EVR, its affiliates or a third party on my behalf without advance notice thereof and acknowledge that such payment may prejudice my ability to contest Fines, Tolls and Violations with the applicable authority. GUEST agrees EVR may provide my information to applicable authorities and/or third parties to process payment and/or transfer liability to me for any such Fines, Tolls and Violations. EVR may permit or refuse your request to book a vehicle in its sole and absolute discretion.
20.A) Power of Attorney
Renter hereby grants and appoints to EVR a Limited Power of Attorney:
(a) to present insurance claims of any type to Renter’s insurance carrier and/or credit card company if: (1) Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or (2) Any liability claims against EVR arise in connection with this rental transaction and Renter fails to defend, indemnify and hold EVR harmless from such claims. (b) to endorse Renter’s name to entitle EVR to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges
21) Cleaning fee levels:
Cleaning Fee levels as outlined herein. Moderate cleaning — $50: Examples are: minor mud on car body, or wheels, minor sand in interior of vehicle, minor exterior bug debris, tree sap, and/or bird feces removal, minor odor removal (body odor, stale food or fast food odor, etc), minor spills that requires no heavy chemicals or machines to clean such as a small liquid spill or sticky substances on hard surface, minor trash removal; Heavy cleaning — $100: Moderate stains or residue on seat fabric or other hard-to-clean surfaces, heavy odor removal that requires use a Ozone machine to cure such heavy body odors, moderate sand in interior, suntan or other body lotion on any interior components (doors, seats, interior molding etc.), heavy exterior bug debris, tree sap and/or minor hard water spots removal; Severe cleaning — $150: A vehicle has suffered the violations noted above that would require steam cleaning, use of an upholstery / carpet extraction machine, glitter removal, heavy sand in the interior, or a full detail (Interior or exterior); Pet hair removal — $150; Multiple cleaning issues — $250: Any combination of levels outlined above, moderate to severe hard water stan removal, vehicle detailing that requires both interior and exterior cleaning and/or cleaning that requires three or more hours to cure violation.
21.A) Human / Animal Waste & Biohazard:
Moderate - $250.00: Examples are finger / toe nail clippings, skin shavings, contaminated /used tissue; Heavy Cleaning - $500.00: Examples are soiled diapers left in the vehicle, minor vomit, nasal mucus, "boogers"; Severe cleaning - $1,000.00: Examples are blood, feces, fecal material, urine, moderate to heavy vomit.
Guest / Renter - Refers to the primary person tied to the trip booking, We also use it to refer to any authorized secondary drivers. Physical Damage - Refers to any physical damage to the vehicle and/or extra's, including Mechanical Damage, Interior Damage or loss. Cost and Fees - These include all costs related to the booking such as but not limited to 1) tolls, 2) cleaning fee's, 3) violation fee's 4) recovery Fee's. 5) registration or transfer taxes, 6) sales and surcharge Tax, 7) delivery fee's. Damage Related Costs - include but are not limited to: 1) estimation or appraisal costs, 2) storage fees. 3) towing fees, 4) repair or replacement costs, 5) fee's resulting from damage of any kind to the Vehicle during the booked trip, 6) claims processing costs and all similar or associated costs, minus any residual salvage value that is collected. Vehicle - Refers to the vehicle booked during the applicable reservation. EVR - Refers to Experience Vehicle Rentals, it's Employee's, Agent's, Subsidiaries, Owner and/or Partners. Violations - means any fees, penalties, fines, tickets, citations, violations, tolls and other costs, including, without limitation, parking, speeding, or other violations, incurred in connection with a Vehicle, and any related fines, fees, expenses, penalties or other amounts due in connection therewith. Extras - means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products and services selected by Guests. Reservation Period - means the period between the time GUEST scheduled pick-up of the vehicle, scheduled to return the vehicle, takes possession of the vehicle and until the vehicle is returned or recovered. Ownership -The Vehicle and any Extras are, by ownership, beneficial interest or lease, property of EVR.
23) Guest Responsibility:
GUEST hereby acknowledges he/she is responsible to return the rental vehicle and any extras on time and in the same condition it was received. GUEST hereby acknowledges he/she is financially responsible regardless of who is found to be at fault for all physical damage to or theft of the vehicle and/or extras, as well as related costs which may include but is not limited to: (a) Cost of repairs, (b) Loss of rental income, (c) Towing and storage charges, (d) Loss or diminished value of the vehicle, (e) An administration charge by EVR to recover costs for dealing with these issues and any related claim, (f) cost of replacement.
24) Accident / Theft / Damages - Reporting:
GUEST must notify EVR if the vehicle sustains any damages (interior or exterior), is involved in an accident of any type (singe vehicle, verses an object, etc) or is stolen when it is reasonably safe to do so but no later than three hours from incident / accident regardless of fault. If vehicle is involved in an accident or is stolen GUEST is required to call local law enforcement and file an accident and/or theft report. If vehicle sustains any damages (interior or exterior) GUEST is required to take photos of the damage(s), accident scene, and upload them to the third-party app they reserved the vehicle with if appropriate or email them to GuestServices@OrlandoExpc.com
GUEST must in good faith participate in and contribute to any investigation conducted by EVR, it’s officers, employees, partners, agents or law enforcement. GUEST’s Refusal to cooperate may forfeit their ability to claim coverage, being held financially responsible for any and all damages, losses, claims, and in cases of being untruthful may be charged with “False and Fraudulent Insurance Claims” under Florida Statute 817.234 a FELONY OFFENSE. GUEST will additionally be liable for all investigative costs to include but not limited to labor costs, travel costs, supplies, and third party costs (private investigators, police reports, subpoenas, etc).
25) Hybrid / Electric Vehicles:
GUEST is required to return Hybrid and/or electric vehicle fully charged (within 90-100% range) excluding FUV Rentals. GUEST may elect to add Prepaid EV recharge to the reservation at the price listed in the vehicle specific advertisement. If GUEST fails to return vehicle fully charged the GUEST will be charged a recharge fee based upon the vehicles battery level as outlined in term 25.A to their credit card on file, plus a $10.00 convenience fee. Guest(s) should not allow the EV charge to fall below 30% at any point during the reservation period to avoid becoming stranded or damaging the vehicles battery system.
Battery level recharge costs: 60-90% = $30.00, 30-60% = $45.00, 0-30% = Average Daily Rental Rate
26) Repossessing the Vehicle:
EVR may reposes the vehicle at any time and at our sole discretion for reasons that include but are not limited to the following: The car is found illegally parked, being used to violate the law or the terms of the Rental Agreement, left unsecured or appears to be abandoned. GUEST agrees that we need not notify GUEST in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car's operation. If the rental vehicle is repossessed, GUEST agrees to pay or reimburse EVR for the actual and reasonable costs incurred by us to repossess the car and an administrative fee of $100.00. GUEST agrees that such costs will be charged to the credit or debit card or account you used to rent the vehicle or by other billing options available.
27) Personal property, including personal information and data:
EVR is not responsible for any damage to, loss or theft of, any personal property of GUEST or data contained therein, whether the damage or theft occurs during and/or after termination of the trip regardless of fault or negligence. No bailment is or shall be created upon EVR, whether actual, constructive, or otherwise, for any personal property carried in or left in the Vehicle, in any service vehicle, such as a transit van or bus, on our premises, or received or handled by us, regardless of who is at fault. Guest acknowledges that any personal data or information downloaded or transferred to the vehicle may not be secure and may be accessible after the reservation period. GUEST releases EVR from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party. GUEST will be responsible to EVR for claims by others for loss or damage caused by GUEST property.
28) Use of GPS Tracking Devices:
We use GPS tracking devices to track or locate vehicles which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. GUEST should have no expectation of privacy or confidentiality as to the places where the car is driven while rented to you. If Guest disables or otherwise interferes with the GPS or other security devices the trip will be immediately cancelled and the vehicle will be reported stolen; GUEST will be liable for any collection, recover or filing fees, be charged an administration fee of $150.00, and will be liable for the reminder of the reservation period costs.
29) Return of Car - WARNING:
Failure to return the car you rent in accordance with the terms of the Rental Agreement may result in a criminal penalty of up to 3 years in jail. FLORIDA: Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
30) Third Party Booking:
EVR may list vehicle(s) it privately owns or manages on third party sites such as Turo, Expedia or similar. In the event GUEST booked a vehicle owned or managed by EVR on a third-party platform GUEST acknowledges this agreement to include realted costs supersedes any third-party reservation agreement, any oral and written agreements and constitutes the entire agreement of the parties. GUEST acknowledges they maybe additionally bound by the third-party sites terms of service. GUEST releases EVR from providing any third-party platforms Terms of Service, and understands EVR has no input, direction, or control over third parties Terms of Service.
31) Return of the Rental Vehicle:
GUEST agrees to return the rental vehicle at the location and time specified in the Rental Agreement unless otherwise mutually agreed upon in writing by both parties. GUEST will be charged an Improper Return fee under the following conditions: (a) GUEST returns the rental vehicle to a different location from the location listed within the rental agreement without our prior written authorization; (b) GUEST returns the vehicle earlier then listed within the rental agreement without prior written authorization and notification to EVR at least 3 hours before reservation is scheduled to end; (c) GUEST leaves rental vehicle in a parking lot, garage, with valet or any other location not specifically listed within the Rental Agreement and authorized by EVR; (d) GUEST returns the rental vehicle past the scheduled return time without prior written authorization and at least 2 hours prior notice.
GUEST agrees to pay the following improper return fee(s) plus any associated costs to recover the rental vehicle such as towing, parking, valet, storage, etc: (a) Unauthorized return location $250.00; (b) Unauthorized Early Return $50.00 to $200.00 depending upon EVR's need to rapidly deploy staff in order to recover vehicle; (c) GUEST leaves vehicle at listed return location but in an unauthorized area such as with valet or in parking garage without prior authorization $50.00; (d) Unauthorized Extension / Late Return: Guest returns vehicle late / past scheduled return time without prior authorization will be charged a $150.00 unauthorized extension fee plus the fee structure outlined in term 37 under GUEST Late Return.
32) Additional Charges:
GUEST will pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges. GUEST will be liable for any damaged or missing keys or fob(s)
33) Taxes, Surcharges & Fees:
GUEST will pay all applicable taxes as well as any additional charges provided on the Vehicle Trip Agreement which are over and above the base rate. These may be surcharges and/or recovery fees to recover certain costs.
GUEST(s) must place a secured deposit to complete the reservation process for their scheduled trip which will be utilized to cover any additional charges that may be incurred. Security deposits vary by class of vehicle and payment type and range from $125.00- $500.00 for Daily Rental Vehicles and $1,000.00 - $3,500.00 for Elite Luxury Vehicles. Approved GUEST(s) 21-25 years of age may be asked to place an additional security deposit to be determined for any approved vehicle listed by EVR. Additionally approved GUEST(s) with traffic violations, or suspensions within the past 3 years, a temporary driver's license, or prepaid / preloaded credit cards maybe be required to place an additional deposit of $250.00 - $500.00. EVR will automatically refund a security deposit 80 hours after the trip ends, with the following exceptions: (a) If you are charged for any cleaning fee's, cancellation fees, reimbursements (tolls, parking fee’s etc), or administrative fee's we’ll use your deposit to pay them. Then we’ll refund you the balance, if any which can take up to 60 days in same cases; (b) If we notify you of any damage claim within 80 hours after the trip ends and we find you’re liable for claim costs, we’ll use your deposit to cover the damage and refund you any remaining deposit amount; (c) If you require roadside assistance on a trip booked and we find you to be at fault, we’ll use your deposit to pay for the roadside services and refund any balance; (d) If Guest booked through a third-party provider deposits will be held until payment is received which can take up to 45 days. Once we initiate your refund, your bank or credit card company will process it according to their own timeline. Refunds to debit card refunds typically take 10 business days, refunds to credit cards typically take 3-5 business days, and refunds to Apple Pay and Google Pay may take up to 30 days.
35) Roadside Assistance:
Roadside assistance is available to all GUESTS. (a) GUEST may be responsible if service was needed because of carelessness, abuse, or a violation of our terms. GUEST may also be responsible for damages; (b) GUEST may be charged the cost to repair or replace any flat or damaged the tire if we find GUEST was at fault. Flats caused by accident or vandalism are additionally the GUEST’s responsibility; (c) GUEST is responsible for the vehicle until roadside assistance arrives. You cannot abandon the vehicle. If the car is in an unsafe location, stay nearby, keep the car in sight, and hand over the keys once help arrives. EVR will charge GUEST a $60 “abandonment” fee if you leave the vehicle before roadside arrives. GUEST will be responsible for all costs if the keys go missing or the vehicle is damaged while waiting for roadside assistance; (d) If GUEST is unable to drive the vehicle, roadside assistance will, whenever possible, fix the vehicle so it’s operational. We may charge you a $70 light service fee for on-the- spot assistance if we find you are responsible for the service. Services include vehicle jumpstarts, lockout services, fuel delivery, and tire changes; (e) If on-the-spot assistance is unsuccessful, roadside assistance will tow the vehicle and any luggage or cargo, roadside will tow the vehicle to the nearest maintenance facility and we may charge you a $200 towing fee if we find you’re responsible for the service; (f) If your vehicle leaves the road as a result of an accident, roadside assistance will arrange for recovery of your vehicle and luggage or cargo. GUEST won’t be charged a fee for towing the car after an accident, unless the accident was caused by a prohibited use; (g) Roadside assistance is not available if you violate this vehicle agreement, allow an unauthorized driver to use the vehicle, or intentionally cause damage or misuse the vehicle. Roadside assistance is not available for civil commotions or civil unrest, nor is it available for damage resulting from acts of war, or nuclear energy or attacks. Roadside assistance is not available for earthquakes or weather-related incidents (flood, storms, etc). It does not extend to the cost of fuel, insurance, or road charges/tolls.
35.A) Emergency Roadside Assistance (ERA) Coverage
Guests who elected to purchase Emergency Roadside Assistance (ERA) may reduce financial liability for non-mechanical car issues and unexpected roadside service costs such as missing key, lockout, dead battery, spare tires, empty fuel tank within the benefits listed: (a) Lock-out service – maximum $100 per rental, (b) Remote unlock – maximum $85 per rental, (c) Damaged/broken key, fob, key card – maximum $250 per rental, (d) Lost/missing key, fob, key card – maximum $250 per rental, (e) Keys, fob, key card (Delivery/Towing) – maximum $150 per rental, (f) Spare tire mounting service – maximum $150 per rental, (g) No spare tire (Towing) – maximum $250 per rental, (h) Dead battery (Left light/accessory on) – maximum $150 per rental, (i) Out of EV range/charge service (Towing to a charging station)*– maximum $150 per rental, (j) Out of gas fuel service – maximum $65 per rental, (k) Car stuck/winch service – maximum $200 per rental. Roadside assistance will be voided without a refund if you violate this vehicle agreement, allow an unauthorized driver to use the vehicle, or intentionally cause damage or misuse the vehicle. Roadside assistance is not available for civil commotions or civil unrest, nor is it available for damage resulting from acts of war, or nuclear energy or attacks. Roadside assistance is not available for earthquakes or weather-related incidents (flood, storms, etc). It does not extend to the cost of fuel, insurance, or road charges/tolls.
If you do not pay all amounts due to us under the Vehicle Trip Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the use of the car including, without limitation, payment for loss of or damage to the car, trip charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is greater (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize EVR and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that EVR or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the shared vehicle agreement, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that EVR may report such deficiency to an appropriate credit reporting agency and you also authorize EVR to share that credit and debit card information with third party collection agents and further authorize EVR or our collection agents to charge any amounts due to EVR including, but not limited to, the Charges and Costs referenced above to that credit or debit card.
37) Cancellations, Late pick-up or return fees, No Show:
Cancellations: GUEST(s) may cancel prepaid reservations online by the going to the my booking page or by calling customer service free of charge within the first 24 hours of booking except as outlined below. GUEST(s) who book within 25 hours of their trip start time have one hour after booking to cancel for free. GUEST(s) who cancel their reservation after these periods will be charged the cost of the reservation; No Show: In case of delay, reservations will be held for 30 minutes from the specified reservation time, after which they will be classed as a no-show, EVR will take reasonable steps to reschedule pick-up /delivery with GUEST only if they communicated with EVR at least 15 minutes prior to scheduled pick-up / delivery time regarding any delays, however EVR has no obligation to reschedule pick-up / delivery or make any further efforts beyond its initial obligation to make the vehicle available at the mutually agreed upon reservation time. If guest trip is cancelled as a “no-show” GUEST will be charged the full cost of the reservation; Fraud upon inducement: Any GUEST who books, reserves or otherwise attempts to obtain a vehicle owned or managed by Experience Vehicle Rentals in violation of any act listed within Prohibited Use / Operations, or as otherwise prohibited by law will be charged the full cost of the reservation plus a $250.00 processing fee, and any additional costs incurred by Experience vehicle Rentals to cure the fraudulent act, recover any assets, and any damages suffered by Experience Vehicle Rentals as a result of the fraudulent act; Advance Booking: GUEST(s) booking more than thirty days in advance of their trip start time are not entitled to a refund and will be charged the full cost of the reservation. Redelivery: GUEST will be charged a "redelivery" fee if delivery time is rescheduled to accommodate GUEST, price will vary based upon delivery distance; Stand-by / Late Pick-up: GUEST will be charged a $50.00 "stand-by" fee for the first 15-30 minutes EVR staff are required to wait for GUEST who has not arrived for a scheduled reservation, GUEST will be charged an additional $25.00 every thirty minutes thereafter, Guest will not be charged for the first 15 minutes; Extension Request: EVR will make a good faith effort to accommodate GUEST Extension Requests if available and upon providing at least six hours prior notice; Late Return: EVR GUEST will be charged (a) 0-15 minutes late: No charge, (b) 15-30 minutes late $25.00, (c) 31 minutes to 1 hour 59 minutes late: Average daily trip price for 1 day and a $20 late return fee, (d) 2 hours or more late: Average daily trip price for 1 day + $20 late return fee and a $100 improper return fee at EVR’s discretion. A vehicle that is returned after hours will not be checked in until the next business day. If returning after hours when a branch is closed, the customer is responsible for the vehicle until the satisfactory check in of the rental vehicle the next business day; (i) Early Return: EVR will not provide a prorated, partial, complete refund or credit for any unused days or time if you return the vehicle early.
GUEST(s) who violate any of the terms outlined within this rental agreement may have their trip cancelled without a refund at any point prior to delivery or during the reservation period, will be liable for any damages caused to EVR owned or managed vehicles, other parties damage(s), mechanical damage(s), recover fee(s), filing fee(s), towing fee(s), impound fee(s), court costs, repossession fee(s), loss of use, specific penalties listed per term and may be subject an administrative fee up to $250.00 per violation in addition to any other fee's listed herein such as but not limited to cleaning fee(s), late fee(s), fueling fee, loss of use, etc. Every GPS mph log entry over 85 mph is considered a violation and subject to a $50.00 per violation fee. GUEST's who leave the State of Florida with EVR rental vehicle without prior written authorization will be charged $100.00 per day of scheduled reservation period in addition to any penalties, administrative fee's and/or costs listed above.
39) Payment / Deposit Processing fee:
EVR charges a payment & deposit processing Fee of 6.0%
40) Young Renter Fee:
GUEST(s) 21-25 years of age will be charged a non-refundable "young renter fee" of $35.00 per day
Where permitted, EVR has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to help verify the identities or check the backgrounds of GUEST(s), including driving history and driver’s license validity. EVR does not endorse any vehicle it manages, GUEST, or GUEST background, or commit to undertake any specific screening process. EVR may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize EVR to request, receive, use, and store such information.