• Blue Chip Express Rental Program

Terms and Conditions

Blue Chip® Rental Program

Effective: April 1, 1999, Revised September 30, 2009

GENERAL MEMBERSHIP TERMS

The BLUE CHIP® Program is the express vehicle rental program owned and operated by Thrifty Rent-A-Car System, Inc. Thrifty Rent-A-Car System, Inc. may be referred to herein as “We,” “Us,” “Our” or “Thrifty.” The BLUE CHIP Program may be referred to herein as “the Program” or “BLUE CHIP.”

By completing and submitting the Program Enrollment Form (“Enrollment Form”) to Us, the person enrolling ("You" or "Your") acknowledges, understands and agrees that:

1. You have received, read, understand and agree to the (i) General Membership Terms of the Program contained herein and the (ii) Program Membership Information and Notices appearing on www.Thrifty.com, which are incorporated herein by reference, that pertain to Your membership in the Program and Program rentals wherever BLUE CHIP service is available, including, but not limited to, the Optional Products and Services (the “Options”) offered in connection with the BLUE CHIP rental (collectively, the "Rules and Conditions");

2. The Enrollment Form, together with the Rules and Conditions, constitute Your agreement to comply with the terms of the Program as well as the terms and conditions of the BLUE CHIP rental agreement, both printed and written, which may be comprised of one or more written documents and will contain additional terms and conditions governing the rental, including terms and conditions pertaining to vehicle rentals in the state where the rental commences (the “Rental Agreement”);

3. You are requesting We accept You as a Program member. Thrifty, in its sole discretion, may elect not to accept Your offer for enrollment in the Program without explanation to You. If We accept Your offer, notice will be provided to You of such acceptance. Use of the Program after notice of enrollment shall constitute Your acceptance and agreement with the Rules and Conditions and the Rental Agreement;

4. Your Program membership and membership card are issued to You for Your exclusive use. Should anyone other than You present it for use, the membership card may be confiscated. Should Your Program membership card or any of the credit cards listed on Your Enrollment Form be lost, stolen, used without Your permission or invalidated, You will notify Us immediately. Neither the membership card nor Your rights or responsibilities as a Program member may be assigned or transferred;

5. The availability of Program rentals and service are restricted to specific Thrifty locations in the United States and specific Thrifty locations in Canada, subject to the availability of vehicles. You agree that this is not an agreement to rent vehicles, and We have no obligation to rent a vehicle to You. You also understand any reservation for a Program rental must be made at least two (2) hours before the proposed rental. BLUE CHIP Reservations can be made by using the toll free Program reservations number at 1-888-400-8877, through the Internet by accessing Our website at www.Thrifty.com or by contacting a travel agent;

6. If You mark the "Accept" box on the Enrollment Form when You complete the Enrollment Form, You will be provided with the specific Options You select on each Program rental. These Options include the Loss Damage Waiver, which is not insurance, Prepaid Fuel, and Our Optional Protection Plans, which are insurance products that provide additional coverage during the Program rental, including Supplemental Liability Insurance, Personal Accident Insurance/Personal Effects Insurance (sold as the “Personal Protection Plan”) and Uninsured/Underinsured Motorist Protection. The daily charges for any accepted Option shall appear separately on that portion of Your Rental Agreement showing fees, charges, surcharges and taxes arising from or related to the Program rental. If You mark the "Decline" box, next to any of the Options, they will not be provided on the Program rental. You may accept or decline at the time of any particular rental any Option that You marked in the "Accept" or “Decline” box on Your Enrollment Form. You may also change Your preference of the vehicle class for a particular rental at the time of reservation. If you fail to mark either the “Accept” or “Decline” box of any Option on the Enrollment Form, they will be automatically declined for You;

7. If there is a conflict between the information and selections on the Enrollment Form or revised Enrollment Form and the Rental Agreement accepted at the time of rental, the terms of the Rental Agreement control;

8. No additional person may drive the vehicle unless they are authorized by Us, and they satisfy our age and rental criteria. See Our General Policies link on thrifty.com for Our general rental policies, other services, and Our criteria regarding rental rates, qualifications, and credit requirements;

9. At the time of the rental, You will be required to present Your drivers’ license (and the drivers’ license of any additional drivers. You may be required to (i) initial or accept Options listed on the Rental Agreement, if any, (ii) present the credit card listed in the Enrollment Form or a credit card that has available credit (no prepaid or debit cards at the time of rental), and (iii) electronically sign, accept, or sign the Rental Agreement. Thrifty is required to be compliant with the payment card industry (“PCI”) data security standard (“DSS”) to protect Member’s credit card information. See https://www.pcisecurity standards.org/index.htm for more information about PCI DSS.

10. For the purpose of expediting the rental transaction and verification of credit, You consent to the reservation or authorization of credit and charges for resulting vehicle rental with the credit card issuer for an amount equal to the estimated charges of the rental prior to Your arrival at the rental location, against one of the credit cards listed on Your Enrollment Form that has available credit. If there is no available credit on the credit card listed, You will provide Us with another valid credit card prior to the rental. If You do not pick up the rental car on the day of the reservation, the authorization of credit will remain on the credit card until the normal expiration per Your credit card issuer’s policy. Debit cards are accepted for payment only upon return of the vehicle at those locations that accept the debit card;

11. You understand that if You fail to pay any charges or fees for any Program rental, or otherwise fail to fully abide with the Rental Agreement and these Rules and Conditions, or provide inaccurate information with respect to Your Enrollment Form, we may cancel or suspend Your Program membership at any time, without notice to You and, to the extent permitted by applicable law, void or deprive you of the benefits and protection of any Options selected by You for the Program rental. You may terminate Your membership at any time by notifying Us in writing;

12. We may, from time to time, change, modify or supplement the Rules and Conditions or Rental Agreement. Any notice of such changes shall be posted on Thrifty.com or emailed by Us to the email address shown in Your Enrollment Form and will be presumed to have been received by You. Your use of BLUE CHIP after notice of any changes to the Rules and Conditions or Rental Agreement constitutes Your acceptance of such changes. You may decline such changes by canceling Your membership in the Program. Unless changes adversely impact You, other changes to modify, delete or add provisions to the Rules and Conditions or Rental Agreement may be made without prior notice to You in order to make such Rules and Conditions and Rental Agreement comply with applicable law or to eliminate inconsistent provisions or ambiguities. You may review the current Rules and Conditions and Rental Agreement on www.thrifty.com;

13. The information You have provided on the Enrollment Form and the selection of the Options You have made on the Enrollment Form will apply to all Program rentals You make. If You desire to change Your selection of Options or select a different vehicle class for a specific rental, You may do so at the time of rental by informing the Thrifty representative and direct the changes made by the representative for that specific rental. You can also amend any other information submitted in Your Enrollment Form on www.thrifty.com. You may also change information submitted in Your Enrollment Form, such as credit card preference and Options, in writing to Thrifty Rent-A-Car System, Inc., P.O. Box 35250, Tulsa, OK 74153-0250, Attention: BLUE CHIP. Changes can also be made by contacting us at the BLUE CHIP information toll free number, 1-888-400-8877. Any changes submitted to Thrifty shall not be effective until received by Thrifty. We reserve the right to verify the mailing address information on file with Your credit card issuer against the information submitted in the Enrollment Form. Prepaid and Debit cards are not accepted to qualify for the Program;

14. The Program shall be void and of no force and effect where prohibited or restricted by applicable laws, rules and regulations;

15. By submitting Your Enrollment Form, You acknowledge and agree that prior to Enrollment You have read and understand the information regarding (i) Your responsibility for loss or damage to the vehicle, (ii) Your liability for third party claims for bodily injury, death, or property damage caused by Your use of the vehicle, (iii) the Options described herein and on www.Thrifty.com, which are incorporated herein, that are offered to You, and (iv) the state notices regarding the Options, optional coverage and child safety seats;

16. By enrolling in BLUE CHIP You are giving Us, Our affiliates and franchisees, which provide services to You, permission to use, transmit and store your personal information. If You mark "Yes" in response to the question on Your completed Enrollment Form asking whether Thrifty can send You Thrifty promotions via email, You agree and consent to Thrifty collecting and using personally identifiable data about You in connection with marketing directed solely by Thrifty to You, including, but not limited to, direct mail and e-mail marketing solicitations. Personally identifiable information about You gathered in connection with Your enrollment in BLUE CHIP shall not be disclosed to anyone without Your consent other than our affiliates and franchisees that need that information to provide You a rental car. Thrifty has the right to verify that your drivers’ license has been validly issued and is not suspended. We also reserve the right to share this information with law enforcement and other third parties as a result of the breach of any agreement with Our affiliates, Our franchisees and Us.

17. Your electronic signature or agreement via acknowledgment of these Rules and Conditions or on the Rental Agreement will be considered an original signature;

18. By enrolling in BLUE CHIP, You consent to Thrifty or the rental vehicle company doing business as Thrifty processing Your vehicle rental based upon the information contained on Your Enrollment Form, including authorization of one of the credit cards listed and eliminating signature at the location ("Counter By-Pass") in order to expedite Your rental;

19. The Rental Agreement is between You and the rental vehicle company identified on the Rental Agreement doing business as Thrifty;

20. You agree to accept updates made to the Program and Information and Notices below via the email address provided on Your Enrollment Form. It is Your responsibility to provide an accurate email address and to update Your email address if it changes. You may request Program updates be sent to You via hard copy by sending a written request to: Thrifty Rent-A-Car System, Inc., P.O. Box 35250, Tulsa, OK 74153-9982, Attention: BLUE CHIP Mail Stop 2W1. Thrifty is not responsible for non-receipt of Program updates by a Member nor the failure of Members to understand or abide by updates to the Program and Information and Notices. A Member's continued use of the Program after an update has been sent to the email address contained on the Member's Enrollment Form constitutes the Member's agreement and acceptance of the Program update.

21. All information provided by You on the Enrollment Form is true and correct.

INFORMATION AND NOTICES

By completing and submitting the BLUE CHIP Enrollment Form, the person enrolling ("You" or “Your”) understands and agrees to the following:

 

1. RULES AND CONDITIONS. You have received, read, understand and agree with the information and notices appearing herein and on www.Thrifty.com and the Rules and Conditions appearing on the Enrollment Form signed by You, including the Options described herein and therein that you may select in connection with BLUE CHIP rentals wherever BLUE CHIP service is available. By enrolling in BLUE CHIP You agree to comply with the terms of Your enrollment in the Program and the terms and conditions of the Rental Agreement, both printed and written, which may be comprised of one or more printed documents, and will contain additional terms and conditions governing the rental, including terms and information pertaining to the jurisdiction where the rental commences. You acknowledge and agree that the Rental Agreement is between You and the rental vehicle company identified on the Rental Agreement doing business as Thrifty (collectively referred to herein as “Thrifty”, “We” “Our” or “Us”). No other persons are authorized to drive the vehicle. See our General Policies on thrifty.com for our general rental policies, other services, and our criteria regarding rental rates, qualifications, and credit card requirements;

 

2. RENTER’S RESPONSIBILITY FOR VEHICLE LOSS OR DAMAGE. Unless You select the optional Loss Damage Waiver (“LDW”) Option on the Enrollment Form, by signing the Rental Agreement You are absolutely liable for any loss of or damage to the vehicle, even if someone else caused it or the cause is unknown, whether due to theft, fire, hail, flood, collision, vandalism, or any other cause, subject to limitations imposed by the law of the jurisdiction where the vehicle is rented. Your liability will not exceed the full value of the vehicle, plus actual towing and storage charges, loss of use, and diminution in value (which is the difference between the value of the vehicle before the damage and the value of the vehicle after the damage, regardless of whether the vehicle is repaired or not), all rental charges through the date You report the incident if not returnable or the return date, whichever is later, plus any out of pocket expenses incurred by us as a result of the loss of or damage to the vehicle, a reasonable administrative fee and pro-rata license plate fees, all as allowed by law. Your personal insurance may or may not cover any loss. You should check with Your own insurance carrier. If You make unauthorized repairs to the vehicle, You agree to pay any cost to restore the vehicle to the condition of the vehicle at the time of rental. You agree to pay Us any amount not covered by any insurance, credit, or charge card or other coverage You may have. However, Your responsibility will not exceed those damages expressly permitted by applicable law. You agree to pay Us for the loss of or damage to any optional equipment or accessories rented from Us in an amount up to Our current replacement cost or repair costs, if repairable in our discretion, plus shipping charges, and a reasonable administrative fee. LDW does not apply to optional equipment and accessories unless otherwise noted.

IF YOU RENT IN CALIFORNIA, INDIANA AND NEVADA, YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE DUE TO THEFT OR OTHERWISE MAY BE LIMITED. PRIOR TO SIGNING THE RENTAL AGREEMENT, YOU SHOULD CAREFULLY REVIEW YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE, AND ANY STATE LIMITATIONS EFFECTIVE AS OF THE DATE OF THIS AGREEMENT. (SEE ADDENDUM A BELOW) ;

 

3. RENTER’S THIRD PARTY LIABILITY. Where permitted by law, We do not provide You any third-party liability protection covering the BLUE CHIP rental unless You mark the “Accept” box on Your Enrollment Form for the optional Supplemental Liability Insurance (“SLI”) Option (described below). If You do not accept SLI on the Enrollment Form or at the beginning of the rental, by signing the Rental Agreement You agree that You and/or Your insurance company will be responsible for handling, defending, and paying all third-party claims for bodily injury, death or property damage caused by or arising from the use or operation of the vehicle during the rental (“Third-Party Claims”). Unless You select the optional Supplemental Liability Insurance (“SLI”) Option on the Enrollment Form, by signing the Rental Agreement, You represent and warrant that Your insurance is sufficient to satisfy the minimum applicable financial responsibility limits required by law. In the event of an accident, You will provide proof of financial responsibility as required by state law. You agree to indemnify and hold Us harmless from and against, and will defend Us against, any and all loss, liability or damages whatsoever caused by or arising out of the use or operation of the vehicle during the rental, plus costs and attorneys' fees. Where we are required by law to provide third-party liability protection in spite of the terms of the Rental Agreement, it shall be secondary over and above any other available insurance provided by or available to You under all other policies (whether primary or excess). However, if We are required by law to provide You primary third-party liability protection, it will exclude Your family members related by blood, marriage or adoption and any other person residing with You (collectively referred to herein as “family members”) and it shall only be in an amount necessary to satisfy the minimum statutory financial responsibility liability limits. Where permitted by law, We do not provide “uninsured” or “underinsured” motorist protection, physical damage protection for the vehicle, “no fault” or other optional protection in connection with this rental and You and we hereby reject, to the extent permitted by law, inclusion of any such protection. Where We are required by law to provide any of the above protection in spite of the terms of the Rental Agreement, such protection shall be provided in an amount equal to the minimum statutory financial responsibility liability limits of the state in which the Rental Agreement is executed. We can provide such protection under a certificate of self-insurance, an insurance policy, and/or an indemnification, as we choose;

 

4. RETURNING AND REPOSSESSING THE VEHICLE

You agree to return the vehicle to the renting location on the date and time listed in the Agreement, or sooner if we request. If you fail to return the vehicle or any equipment and accessories on time, you will pay us all of our expenses and charges including a Drop Fee. You are responsible for the vehicle until we have inspected and accepted it, including any vehicle returned to a closed location. Furthermore, we have the right to notify law enforcement authorities that the Vehicle is stolen or missing if You fail to return it on the date and time due. We also have the right to monitor the vehicle through remote tracking devices or otherwise and locate, disable and repossess the vehicle at Your cost and without notice to You if it is being used in violation of the law, illegally parked, apparently abandoned, overdue or is being used in breach of this geographic driving restriction of the rental, the payment obligations or other terms of this Agreement.

 

5. PERSONAL PROPERTY

 

We are not responsible for any loss or damage to any of your or your passenger’s property left, stored, or transported in or on the Vehicle, our premises or in or on any other Vehicle belonging to us. You agree to indemnify us and hold us harmless from any claim for loss of or damage to any personal property connected with the rental.

 

6. THE CHARGES

You agree to pay us for all charges under this Agreement, including, but not limited to: (A) Time and mileage charges: These charges are at the rate in the Agreement. TIME CHARGES ARE BASED ON A 24-HOUR RENTAL DAY STARTING AT THE TIME OF RENTAL. The minimum charge is one day, plus mileage. The number of miles driven is determined by the odometer readings at the beginning and end of the rental. If you fail to comply with the conditions applicable to the rate, including any geographic driving restrictions, a mileage charge, surcharge or other rates may apply. (B) Optional products. You will pay us the daily rate for each day or partial day for any optional products accepted at the beginning of the rental, such as the Loss Damage Waiver (LDW), Supplemental Liability Insurance (SLI), Uninsured/Underinsured Motorist Protection (UMP), Personal Protection Plan (PPP), and Emergency Sickness Protection (ESP). The cost, terms, availability and/or the provider may vary from location to location. The optional products offered by us may duplicate coverage provided by your personal automobile insurance or insurance you may have through another source. Purchase of optional products is not required to rent the Vehicle.  (C) Other charges: You will pay us the following fees, if applicable: (i) Fuel charges: Unless you choose the Prepaid Fuel Option at the beginning of the rental, you must refill the gas tank of the Vehicle within a 10-mile radius of the rental return facility and present a fuel receipt to avoid a refueling charge. (ii) Taxes, fines and expenses: All amounts due for sales, use, excise and other taxes; You are liable for payment of all traffic and vehicle violations plus a $25 Admin Fee per violation. These violations include but are not limited to: Parking/Moving Violations, Traffic Fines and any other violation captured by camera. All Toll Fines (including the use of all cashless toll roads without purchase of the toll by-pass option) are subject to an Admin Fee of $15 per violation/occurrence. You acknowledge that each violation amount as well as a $25 or $15 Admin Fee per violation will be charged to your credit card or billing account. You authorize us to release your billing/ rental information to PlatePass, L.L.C. and ATS Processing Services, LLC to process and bill for the above-mentioned charges.  You agree to indemnify us or ATS Processing Services, LLC if they pay the same. (iii) Surcharges: In addition to the daily rate, you will be charged a per day underage fee if you are under the age of 25, a Drop Charge or other charges if you return the Vehicle to a location that is not the renting location, for lost keys or keys locked in the Vehicle, and for excessive stains, dirt, or pet hair. (iv ) Related fees: Airport concession recovery fees, off-airport fees, consolidated facility charges, frequent flyer surcharges, vehicle license recoupment fees (the estimated average per day per Vehicle portion of our total annual Vehicle licensing, titling, and registration costs), vehicle license tax recoupment fees, governmental recoupment fees or other fees. (v) Damage and loss. Loss of or damage to the Vehicle including any and all amounts not paid by your insurance, credit, charge card or other coverage you may have available to you plus any out of pocket expenses, a reasonable administrative fee, attorney fees, court costs, collection costs and other expenses which are due because of your use of the Vehicle. (vi) Equipment & Services. Optional equipment and accessories provided by us, including, but not limited to child passenger restraint seats, ski racks, GPS systems and electronic toll bypass services. If the GPS unit is not returned, $599.00 will be charged to your credit card. If you ask for other services or equipment from us, additional charges may apply. The separate brochures, which are incorporated herein, receipt of which you hereby acknowledge, explain the available products, fuel services, equipment, services & accessories.

7. OPTIONS

A. Loss Damage Waiver ("LDW")

WE WILL WAIVE YOUR FINANCIAL RESPONSIBILITY FOR LOSS OR DAMAGE TO THE BLUE CHIP RENTAL VEHICLE IN FULL OR IN PART DEPENDING ON THE LDW OPTION PLAN YOU CHOOSE:

 

OPTIONAL LDW1, A WAIVER FOR 100% OF LOSS AND DAMAGE (“FULL WAIVER OPTION”) MAY BE ACCEPTED BY MARKING THE “ACCEPT” BOX ON THE ENROLLMENT FORM.

 

OPTIONAL LDW2, A WAIVER FOR ALL LOSS AND DAMAGE UP TO THE FIRST $500 (THE “$500 WAIVER OPTION”); AND LDW3: A WAIVER FOR ALL LOSS AND DAMAGE UP TO THE FIRST $3,000 (THE “$3,000 WAIVER OPTION”) MAY BE PURCHASED AT THE TIME OF RENTAL; HOWEVER, LDW2 AND LDW3 ARE NOT AVAILABLE AT ALL LOCATIONS;

 

LDW IS NOT INSURANCE AND DOES NOT APPLY IF: (i) YOU USE OR OPERATE THE VEHICLE IN VIOLATION OF THE PROHBITED USE SECTION IN THE RENTAL AGREEMENT AND DESCRIBED BELOW OR YOU VIOLATE THIS AGREEMENT; (ii) YOU FAIL TO REMOVE AND SECURE THE KEYS, OR CLOSE AND LOCK ALL WINDOWS, DOORS AND TRUNK AND THE VEHICLE IS STOLEN OR VANDALIZED; (iii) YOU FAIL TO NOTIFY US AND THE POLICE IMMEDIATELY AFTER THE LOSS; AND (iv) YOU FAIL TO PAY THE CHARGES UNDER THIS AGREEMENT; AND (v) WHEN OTHER EXCLUSIONS ARE ALLOWED BY STATE OR JURISDICTIONAL LAW;

 

BEFORE DECIDING WHETHER TO PURCHASE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE. LIKEWISE, COVERAGE MAY BE PROVIDED UNDER CREDIT CARDS ISSUED TO YOU AND YOU SHOULD DETERMINE THE EXISTENCE OF SUCH COVERAGE, ALONG WITH THE TERMS AND SCOPE OF SUCH COVERAGE. THE PURCHASE OF LDW IS NOT MANDATORY AND MAY BE DECLINED. LDW does not apply to optional equipment or accessories rented from Us unless otherwise noted on the Rental Agreement.

 

AS OF THE DATE OF THIS AGREEMENT, THE PER DAY CHARGE FOR LDW AT MOST THRIFTY LOCATIONS RANGES FROM USD $9.99 TO USD $29.99 (DEPENDING ON THE VEHICLE RENTED) FOR EACH FULL OR PARTIAL DAY. THE CHARGE FOR LDW MAY VARY BY THRIFTY LOCATION. LDW CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOU AGREE TO REVIEW THE DAILY CHARGE OF LDW AND THE ESTIMATED TOTAL CHARGE FOR LDW FOR YOUR BLUE CHIP RENTAL PRIOR TO ACCEPTING LDW AT THE TIME OF RENTAL;

 

TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY USE OF THE VEHICLE AS PROHIBITED IN THE RENTAL AGREEMENT, WILL VOID OR DEPRIVE YOU OF THE BENEFITS, PROTECTION AND LIMITATION OF YOUR RESPONSIBILITY UNDER LDW, (EVEN IF YOU ACCEPTED LDW IN YOUR ENROLLMENT FORM), AND WILL MAKE YOU ABSOLUTELY LIABLE FOR ALL LOSS OF OR DAMAGE TO THE VEHICLE;

 

PROHIBITED USES UNDER THE RENTAL AGREEMENT: The vehicle may not be used:

(A)By other than an Authorized Driver;

(B) To push or tow anything, carry persons or property for hire, in a race, test, contest, or for training activity;

(C) For any illegal purposes, or in the commission of a crime;

(D) While under the influence of alcohol or drugs;

(E) To intentionally cause damage, or engage in willful, wanton or reckless misconduct;

(F) Outside of our geographic driving restriction or in Mexico;

(G) If it was obtained by fraud or misrepresentation.

 

For purposes of the Rental Agreement, willful, wanton or reckless misconduct includes, but is not limited to: (i) the unauthorized use of the Vehicle on other than regularly maintained hard surface roadways, private driveways or parking lots, which unauthorized use directly results in damage or loss to the Vehicle; (ii) use of unauthorized equipment on or in the Vehicle; (iii) aiding in the theft of the Vehicle or failing to safeguard the keys and the Vehicle and it is stolen or vandalized; (iv) returning the Vehicle to a closed location and the Vehicle is lost or damaged; (v) carrying passengers in the bed or cargo area of the Vehicle; (vi) a citation for a serious traffic violation as defined under state law; (vii) failure to use seat belts and child restraint seats where required; (viii) carrying or loading anything on the Vehicle; and, (ix) carrying passengers in excess of the number of seat belts in the Vehicle.

 

ANY PROHIBITED USE OF THE VEHICLE IS A MATERIAL BREACH OF THE RENTAL AGREEMENT AND WILL VOID OR DEPRIVE YOU OF ALL BENEFITS, PROTECTION AND OPTIONAL COVERAGES, IF ANY, TO WHICH YOU WOULD HAVE OTHERWISE BEEN ENTITLED TO UNDER THIS AGREEMENT AND MAKES YOU RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO THE VEHICLE, THIRD PARTY CLAIMS, FINES, PENALTIES, ATTORNEY FEES AND COSTS.

 

WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE VEHICLE FOR ANY PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RELATED DIRECTLY OR INDIRECTLY TO ANY BREACH BY US OF THIS AGREEMENT, INCLUDING ANY MALFUNCTION OR FITNESS OF THE VEHICLE ITSELF.

IN SOME STATES, THE SALE OF LDW (ALSO REFERRED TO AS "COLLISION DAMAGE WAIVER") IS REGULATED BY STATE LAW AND REQUIRE THAT WE PROVIDE YOU ADDITIONAL NOTICES REGARDING THE SALE OF LDW PRIOR TO THE COMMENCEMENT OF THE RENTAL. THESE NOTICES ARE ATTACHED HEREIN IN ADDENDUM B AND WILL BE SET FORTH IN THE RENTAL AGREEMENT. IF YOU INTEND TO RENT IN CA, CO, CT HI, IL, IN, LA, MD, KS, IA, MA, MN, MO, NC, NV, NM, NY, OR, RI, TN, TX, UT,VA, WA, WI YOU AGREE THAT PRIOR TO ELECTING TO ACCEPT OR DECLINE LDW IN THE ENROLLMENT FORM THAT YOU HAVE READ AND UNDERSTAND THESE STATE NOTICES ON ADDENDUM B;

B. Fuel Options.

1. Prepaid Fuel Option You must refill the gas tank of the vehicle within a 10-mile radius of the rental return facility and present a fuel receipt to avoid a refueling charge. However, if You mark the “Accept” box on Your Enrollment Form for the Prepaid Fuel Option, You will be charged for a full tank of fuel from us at the beginning of the rental at the price set forth on the Rental Agreement and You will have no obligation to refill the fuel tank upon return. At most of our locations the prepaid fuel charge is calculated by multiplying the stated rate per gallon charge in the Rental Agreement by the manufacturer’s specified fuel tank capacity for the vehicle. There is no credit or refund given for any fuel in the tank at the end of the rental.

 

2. Refueling Service Option: If You do not accept the Prepaid Fuel Option and You do not return the vehicle with a full tank of gas as described above, You will pay us a refueling service charge to compensate us for the cost and service of refueling the vehicle. The refueling service charge is based on the estimated number of gallons needed to refill the tank multiplied by the rate per gallon charge listed in the Rental Agreement. We may use different methods of estimating the number of gallons needed to refill the tank and these methods of estimation necessarily rely on human judgment. You understand that this charge is based in part on an estimate. Most Thrifty locations estimate the number of gallons needed to refill the gas tank either (i) by reading the fuel gauge to estimate the approximate amount of fuel needed to refill the tank (for example, one-half tank) and multiplying that number by the manufacturer’s specified fuel tank capacity, or (ii) if You did not purchase any fuel during the rental, by reading the odometer to determine the amount of miles driven during the rental and dividing that number by the vehicle’s estimated average fuel efficiency (miles per gallon) based on the manufacturer’s fuel efficiency specifications.

 

C. Protection Plans. (U.S. Locations Only). The Protection Plans described below are offered by Thrifty: (1) Supplemental Liability Insurance, (2) Personal Accident Insurance/Personal Effects Protection, and (3) Uninsured and Underinsured Motorist Protection, where available. The summary below for each Protection Plan is not intended as a substitute for the actual insurance policy governing each. The Protection Plans are subject to all of the provisions, limitations and exclusions of each policy applicable at the time of the rental. A copy of the applicable insurance policy will be provided to You upon request. Your choice of Protection Plans may be determined by separate contract that Your employer may have with us when You rent with Thrifty. Some Protection Plans may not be available at all Thrifty locations. The coverage, exclusions to coverage, costs and the provider of insurance may also vary by Thrifty location and are subject to change without notice. At the time of rental, You may receive additional disclosures applicable to Your decision to accept or decline the Protection Plan. If You desire to change Your selection of Protection Plans for a specific rental, You may do so at the time of rental by informing the Thrifty representative and having the changes made by the representative.

BROCHURES ARE AVAILABLE AT THE RENTAL LOCATION THAT DESCRIBE THE TERMS OF THE COVERAGE. THE OPTIONAL PROTECTION PLANS OFFERED BY US MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTOMOBILE INSURANCE POLICY OR BY ANOTHER SOURCE OF COVERAGE. THE PURCHASE OF OPTIONAL PROTECTION PLANS IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.

IF YOU INTEND TO RENT IN AZ, MD, NE, VA, FL, MI, NY, TN, PA, RI, TX, PLEASE SEE ADDENDUM C FOR THE STATE NOTICES REGARDNG THE PURCHASE OF OPTIONAL PROTECTION PLANS.

 

YOU UNDERSTAND THAT A VIOLATION THE RENTAL AGREEMENT, OR FAILURE TO PAY FOR THE CHARGES UNDER THE RENTAL AND OR THE USE OF THE VEHICLE AS PROHIBITED BY THE RENTAL AGREEMENT MAY VOID OR DEPRIVE YOU OF THE BENEFITS, PROTECTION AND LIMITATION OF YOUR RESPONSIBILITY UNDER THE FOLLOWING PROTECTION PLAN COVERAGES.

1. Supplemental Liability Insurance ("SLI"). If You marked the "Accept" box for SLI when You completed Your Enrollment Form, SLI coverage will be provided for each BLUE CHIP rental according to the terms below. The charge per day for SLI varies by location and is subject to change without notice.

a. If You accept SLI, You will be protected against third-party claims, excluding Your Family Members, other than to the rental vehicle, caused by or arising from the use or operation of the BLUE CHIP vehicle, in an amount sufficient to satisfy the minimum applicable financial responsibility liability limits required by laws in the state in which the vehicle is rented, which shall be referred to as “Primary Protection”. Primary Protection will be provided under a certificate of self-insurance, an insurance policy and/or an indemnification as we choose; and,

b. SLI provides You with coverage under a separate insurance policy providing excess insurance against third-party claims arising out of the use or operation of the vehicle for the difference between the Primary Protection and a maximum combined single limit of $1,000,000 (U.S.) per occurrence for bodily injury, death and property damage to other than the vehicle while the vehicle is on rent to You.

c. The excess SLI policy excludes coverage for (i) use of the vehicle in breach of the Rental Agreement including but not limited to driving while under the influence of alcohol or drugs in violation of law; (ii) use by unauthorized drivers; (iii) claims by Family Members (as defined above); (iv) failure to accept SLI at the beginning of the rental; (v) failure to pay the charges under the Agreement; and (vi) the other specific exclusions summarized on the separate brochure available at the counter, which is incorporated herein, receipt of which You hereby agree to read prior to the commencement of the BLUE CHIP rental. The SLI policy does not provide coverage for physical damage to the vehicle, no fault, first-party benefits, uninsured or underinsured motorist benefits or any other optional protection unless required by law. To the extent permitted by law, You and we reject the inclusion of any such coverage. If You accept and purchase SLI, You agree to defend, indemnify, and hold us harmless from and against any and all loss, liability or damage whatsoever not paid or covered by SLI or the Primary Protection. SLI does not apply in Mexico.

2. Personal Protection Plan (“PPP”). If You accepted the PPP Option on the BLUE CHIP Enrollment Form, You will be provided the Personal Protection Plan which includes Personal Accident Insurance (“PAI”) and Personal Effects Insurance (“PEI”) as described below. The charge per day for PPP varies by Thrifty location and is subject to change without notice.

a. Personal Accident Insurance ("PAI"). PAI is an Option that provides You the benefits shown below in the event of accidental death or accidental injury to You and Your passengers occurring during the BLUE CHIP rental. If You accepted the PPP option on the BLUE CHIP Enrollment Form You are covered twenty-four (24) hours a day for all accidents, whether You are actually in the vehicle at the time of the accident. Passengers in the vehicle are only covered for accidents occurring while they occupy the vehicle. PAI is only offered together with PEI. You cannot select PAI without selecting PEI.

Benefits:

 

Renter

Each Passenger

Accidental Death

$100,000

$10,000

Accident Medical Expense up to:

$1,000

$1,000

Accident Ambulance Expense up to:

$250

$250

  • Total benefits for any one accident are limited to an aggregate of $125,000.
  • Benefits are payable in addition to any other coverage available.

b. Personal Effects Insurance ("PEI"). PEI is an Option which insures the personal effects of You and any member of the Your immediate family traveling with You. A member of Your immediate family must permanently reside in Your household. PEI covers only personal effects with which You or Your immediate family members are traveling. If You accepted the PPP Option on the BLUE CHIP Enrollment Form, the maximum PEI coverage per person during the rental is $650 per person and the total maximum PEI coverage for all persons during the rental is $1,950. PEI pays covered claims even if Your homeowner's policy provides coverage. You cannot select PEI without selecting PAI.

3. Uninsured and Underinsured Motorist Protection ("UMP"). If You accept SLI on the Enrollment Form; You may also select UMP by marking the “Accept” box on the Enrollment Form. Wherever UMP is available, UMP provides You and any additional authorized driver and anyone else occupying the BLUE CHIP vehicle while operated by You or an additional authorized driver, with coverage for injuries and damages caused by an owner or driver of an uninsured or underinsured third party vehicle. This coverage is excess above the state minimum financial responsibility limits for uninsured and underinsured motorist coverage. UMP provides coverage for the difference between any uninsured and underinsured motorist coverage available to You in the Rental Agreement, if any, up to a maximum of $1,000,000 combined single limit (CSL) per occurrence. If You rent in New York, UMP is included with the SLI You purchase and may not be offered or sold separately. UMP does not apply in Mexico or Canada. You cannot select UMP without first selecting SLI.

 

8. CHILD SAFETY NOTICES. See the state notices below regarding child safety seats:

NEVADA SEAT BELT REQUIREMENTS – NEVADA LAW REQUIRES ANY DRIVER OF A PASSENGER VEHICLE AND ANY PASSENGER 5 YEARS OF AGE OR OLDER WHO RIDES IN THE FRONT OR BACK SEAT OF A VEHICLE TO WEAR A SAFETY BELT IF ONE IS AVAILABLE FOR HIS/HER SEATING POSITION.

 

CALIFORNIA CHILD SEAT REQUIREMENTS. CALIFORNIA LAW REQUIRES ALL CHILDREN UNDER 6 YEARS OF AGE WHO WEIGH LESS THAN 60 POUNDS TO BE TRANSPORTED IN THE BACK SEAT OF THE VEHICLE IN A CHILD RESTRAINT SYSTEM. THIS AGENCY IS REQUIRED TO PROVIDE FOR RENTAL A CHILD RESTRAINT SYSTEM IF YOU DO NOT HAVE A CHILD RESTRAINT SYSTEM YOURSELF.

 

NEW YORK CHILD SEAT REQUIREMENTS. NEW YORK STATE LAW REQUIRES ALL CHILDREN UNDER THE AGE OF 7 TO BE RESTRAINED IN A FEDERALLY APPROVED CHILD RESTRAINT SYSTEM.

NEW JERSEY CHILD SAFETY SEATS. UNDER NEW JERSEY LAW, CHILDREN UNDER THE AGE OF 8 AND WEIGHING LESS THAN 80 POUNDS MUST BE SECURED IN A CHILD PASSENGER SEAT RESTRAINT SYSTEM OR BOOSTER SEAT MEETING FEDERAL STANDARDS. YOU MAY RENT THIS EQUIPMENT FROM THE RENTAL COMPANY FOR AN ADDITIONAL CHARGE.

9. HANDLING ACCIDENTS AND OTHER OCCURRENCES

You agree to immediately file and report any accident, theft or vandalism involving the Vehicle to us and to the police, complete our Damage/Accident report; and deliver to us a legible copy of any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the Vehicle. Your failure to cooperate with us in any investigation or to file a timely and accurate report creates a rebuttable presumption that the incident was caused by your willful, wanton or reckless mis­conduct and, as a result, may void any optional products you purchased and make you absolutely liable for any loss or damage to the Vehicle.

 

10. GENERAL PROVISIONS

(A) Vehicle means the Vehicle rented or its replacements and all of its parts, equipment, accessories, keys and documents; (B) No term of this Agreement may be waived or changed except by a written agreement signed by our authorized representative; (C) If any term of this Agreement is prohibited by law, it shall not affect the remaining terms; (D) Paragraph headings have no independent meaning; (E) You understand that it is your responsibility to comply with all applicable seat belt and child restraint laws; (F) You may not sublease the Vehicle, nor may you transfer or assign this Agreement; (G) We reserve the right to refuse to replace a Vehicle or equipment if you have an accident, breakdown, violate the law or for any other reason; (H) We reserve the right to deny future rentals to you if you violate this Agreement; (I) We reserve the right to share your rental information with third parties for verification of your drivers’ license, for billing purposes or to enforce collection efforts against you, to detect fraud, prevent fraud and/or to comply with law enforcement agencies; and (J) The parties to this Agreement agree that an electronic signature will be treated as an original.

ADDENDUM A
RENTER RESPONSIBILITY FOR LOSS OR DAMAGE
STATE LIMITATION

CALIFORNIA RENTALS: You shall be responsible for no more than the loss of or damage to the vehicle up to its fair market value, plus actual charges for towing, storage or impound fees, plus an administrative charge as established by applicable law. If the damage and loss of use resulted from theft of the vehicle, You are presumed to have no responsibility if You or an Authorized Driver has possession of the ignition key furnished to You by Thrifty or can establish that such key was not in the vehicle at the time of theft, and You or an Authorized Driver timely filed a report of the theft within twenty-four (24) hours of learning of the theft and reasonably cooperate with any police investigation. This presumption may be rebutted if it is established You or an Authorized Driver committed, or aided and abetted the commission of the theft. If the damage and loss of use resulted from vandalism unrelated to the theft of the vehicle, Your responsibility shall not exceed $500.

 

INDIANA RENTALS: You shall be responsible for no more than loss of or damage to the vehicle up to its fair market value resulting from a collision, an impact; or another incident that is caused by the renter’s or authorized driver’s deliberate act, plus actual charges for towing, storage or impound fees, plus loss of use and an administrative charge as established by applicable law. If the damage and loss of use resulted from theft of the vehicle or vandalism of the vehicle, You are presumed to have no responsibility if You or an Authorized Driver has possession of the ignition key furnished to You by Thrifty and such key was not in the ignition at the time of the theft; and You or an Authorized Driver timely filed a report of the theft within twenty-four (24) hours of learning of the theft and reasonably cooperate with any police investigation. This presumption may be rebutted if it is established that You or an Authorized Driver acted with reckless misconduct.

 

NEVADA RENTALS: If the loss of or damage to the vehicle resulted from theft of the vehicle, You are presumed to have no responsibility if You or an Authorized Driver has possession of the ignition key furnished to You by Thrifty or can establish that such key was not in the vehicle at the time of theft, and You or an Authorized Driver timely filed a report of the theft within twenty-four (24) hours of learning of the theft and reasonably cooperate with any police investigation. This presumption may be rebutted if it is established You or an Authorized Driver committed, or aided and abetted the commission of the theft. If the damage and loss of use resulted from vandalism unrelated to the theft of the vehicle, Your responsibility shall not exceed $500.

 

ADDENDUM B
STATE NOTICES
LOSS DAMAGE WAIVER

NOTICE FOR CALIFORNIA RENTALS: YOU ARE RESPONSIBLE FOR ALL COLLISION DAMAGE TO THE RENTED VEHICLE EVEN IF SOMEONE ELSE CAUSED IT OR THE CAUSE IS UNKNOWN. YOU ARE RESPONSIBLE FOR THE COST OF REPAIR UP TO THE VALUE OF THE VEHICLE, AND TOWING, STORAGE AND IMPOUND FEES. YOUR OWN INSURANCE OR THE ISSUER OF THE CREDIT CARD YOU USE TO PAY FOR THE VEHICLE RENTAL TRANSACTION MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY FOR THE RENTED VEHICLE. YOU SHOULD CHECK WITH YOUR INSURANCE COMPANY OR CREDIT CARD ISSUER TO FIND OUR ABOUT YOUR COVERAGE AND THE AMOUNT OF THE DEDUCTIBLE, IF ANY, FOR WHICH YOU MAY BE LIABLE. FURTHER, IF YOU USE A CREDIT CARD THAT PROVIDES COVERAGE FOR YOUR POTENTIAL LIABILITY, YOU SHOULD CHECK WITH THE ISSUER TO DETERMINE IF YOU MUST FIRST EXHAUST THE COVERAGE LIMITS OF YOUR OWN INSURANCE BEFORE THE CREDIT CARD COVERAGE APPLIES. THRIFTY WILL NOT HOLD YOU RESPONSIBLE IF YOU BUY LDW, BUT, LDW WILL NOT PROTECT YOU IF YOU VIOLATE A TERM OF THE RENTAL AGREEMENT. THE PURCHASE OF THIS LDW IS OPTIONAL AND MAY BE WAIVED (DECLINED).

 

THE COST OF THE OPTIONAL LDW PER DAY AND THE ESTIMATED TOTAL COST OF LDW FOR THE RENTAL IS LISTED ABOVE.

IN CALIFORNIA, LDW DOES NOT APPLY IF : (A) THE DAMAGE OR LOSS RESULTS FROM YOUR (i) INTENTIONAL, WILLFUL, WANTON OR RECKLESS CONDUCT, (ii) OPERATION OF THE VEHICLE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF SECTION 23152 OF THE VEHICLE CODE, (iii) TOWING OR PUSHING ANYTHING, OR (iv) OPERATION OF THE VEHICLE ON AN UNPAVED ROAD IF THE DAMAGE OR LOSS IS A DIRECT RESULT OF THE ROAD OR DRIVING CONDITIONS; (B) THE DAMAGE OR LOSS OCCURS WHILE THE VEHICLE IS USED (i) FOR COMMERCIAL HIRE, (ii) IN CONNECTION WITH CONDUCT THAT COULD BE PROPERLY CHARGED AS A FELONY, OR (iii) IS INVOLVED IN A SPEED TEST OR CONTEST OR IN DRIVER TRAINING ACTIVITY; (C) OPERATED BY A PERSON OTHER THAN AN AUTHORIZED DRIVER; (D) OPERATED OUTSIDE OF THE UNITED STATES; OR (E) YOU (i) PROVIDED FRAUDULENT INFORMATION TO THE COMPANY OR (ii) PROVIDED FALSE INFORMATION AND THE COMPANY WOULD NOT HAVE RENTED THE VEHICLE IF IT HAD INSTEAD RECEIVED TRUE INFORMATION. “AUTHORIZED DRIVER” IN CALIFORNIA MEANS YOU, YOUR SPOUSE IF THAT PERSON IS A LICENSED DRIVER AND SATISFIEDS OUR MINIMUM AGE REQUIREMENT; YOUR EMPLOYER OR CO-WORKER IF THEY ARE ENGAGED IN BUSINESS ACTIVITY WITH YOU, ARE LICENSED DRIVERS, AND SATISFY OUR MINIMUM AGE REQUIREMENTS; AND ANY PERSON LISTED BY US ON THE AGREEMENT AS AN AUTHORIZED DRIVER.

 

NOTICE FOR COLORADO RENTALS: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW IS NOT MANDATORY AND MAY BE WAIVED (DECLINED).

 

NOTICE FOR CONNECTICUT RENTALS: YOUR PERSONAL AUTOMOBILE INSURANCE POLICY MAY PAY FOR PERSONAL INJURY AND FOR LOSS OR DAMAGE TO THE RENTAL VEHICLE FROM COLLISION, THEFT, FIRE OR OTHER COMPREHENSIVE LOSSES INCURRED WHILE YOU ARE USING THE RENTAL VEHICLE. TO DETERMINE THE ANNUALIZED RATE FOR LDW, MULTIPLY THE DAILY LDW RATE SHOWN ON THE RENTAL AGREEMENT BY 365.

 

NOTICE FOR HAWAII RENTALS: BY ENTERING INTO THE RENTAL AGREEMENT, YOU ARE LIABLE FOR ANY DAMAGE TO OR LOSS OF THE RENTAL VEHICLE RESULTING FROM A COLLISION OR OTHER PERIL. THE COMPANY OFFERS, FOR AN ADDITIONAL CHARGE, AN OPTIONAL LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO OR LOSS OF THE RENTAL VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE LDW, YOU SHOULD DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS COVERAGE TO YOU FOR DAMAGE TO OR LOSS OF THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE. THE PURCHASE OF LDW IS NOT MANDATORY AND MAY BE DECLINED.

 

NOTICE FOR ILLINOIS RENTALS: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. THE PURCHASE OF LDW IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE.

 

NOTICE FOR INDIANA RENTALS: BY ENTERING INTO THE RENTAL AGREEMENT, YOU MAY BE LIABLE FOR DAMAGE, LOSS, OR LOSS OF USE TO THE VEHICLE RESULTING FROM A COLLISION OR OTHER PERIL. FOR AN ADDITIONAL CHARGE, WE OFFER AN OPTIONAL LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO OR LOSS OF THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE LDW YOU SHOULD DETERMINE WHETHER YOUR OWN INSURANCE AFFORDS COVERAGE TO YOU FOR DAMAGE TO OR LOSS OF THE VEHICLE, AND THE AMOUNT OF THE DEDUCTIBLE.

 

NOTICE FOR LOUSIANA RENTALS: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL VEHICLES PURSUANT TO R.S. 22:1406(F). EVEN IF YOU ARE NOT LOUISIANA INSURED, THE PURCHASE OF LDW IS NOT MANDATORY AND MAY BE WAIVED (DECLINED). THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.

 

NOTICE FOR MARYLAND, KANSAS, AND IOWA RENTALS: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW IS NOT MANDATORY AND MAY BE WAIVED (DECLINED). MARYLAND LAW REQUIRES THAT ALL MARYLAND RESIDENTS' INSURANCE POLICIES WITH COLLISION COVERAGE AUTOMATICALLY EXTEND THAT COLLISION COVERAGE TO PASSENGER CARS RENTED BY THE INSUREDS NAMED IN THE POLICY FOR A PERIOD OF THIRTY (30) DAYS OR LESS. THE DAILY AND ESTIMATED TOTAL CHARGE FOR LDW SHALL BE PROVIDED SEPARATELY TO YOU AT THE TIME OF RENTAL. THE TOTAL CHARGE FOR LDW IS DETERMINED BY MULTIPLYING THE DAILY RATE TIMES THE NUMBER OF RENTAL DAYS YOU KEEP THE RENTAL VEHICLE. A RENTAL DAY CONSISTS OF A 24 HOUR PERIOD STARTING AT THE TIME THE RENTAL BEGINS. THE PURCHASE LDW MAY BE DUPLICATIVE OF COVERAGE PROVIDED BY YOUR PERSONAL AUTOMOBILE INSURANCE POLICY.

 

NOTICE FOR MASSACHUSETTS RENTALS: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. YOUR PERSONAL AUTOMOBILE INSURANCE MAY ALREADY COVER YOU FOR DAMAGE TO THE RENTAL VEHICLE. THE PURCHASE OF LDW IS OPTIONAL AND MAY BE DECLINED. FOR MASSACHUSETTS RESIDENTS: IF YOU HAVE AN AUTOMOBILE POLICY ON YOUR PERSONAL VEHICLE WITH COVERAGE FOR COLLISION, YOUR POLICY WILL COVER COLLISION DAMAGE TO A RENTAL VEHICLE, LESS THE DEDUCTIBLE ON YOUR POLICY. IF YOU HAVE COMPREHENSIVE COVERAGE ON YOUR VEHICLE, YOUR POLICY WILL COVER LOSS ON THE RENTAL VEHICLE CAUSED BY FIRE, THEFT OR VANDALISM, LESS THE DEDUCTIBLE ON YOUR POLICY. DRIVERS WHO HOLD POLICIES IN OTHER STATES SHOULD CHECK WITH THEIR INSURANCE AGENTS TO DETERMINE WHETHER THEIR POLICIES EXTEND TO RENTAL VEHICLES.

 

NOTICE FOR MINNESOTA RENTALS: UNDER MINNESOTA LAW, A PERSONAL AUTOMOBILE INSURANCE POLICY ISSUED IN MINNESOTA MUST COVER THE RENTAL OF A MOTOR VEHICLE AGAINST DAMAGE TO THE VEHICLE AND AGAINST LOSS OF USE OF THE VEHICLE. THEREFORE, PURCHASE OF ANY LDW OR SIMILAR INSURANCE AFFECTED IN THIS AGREEMENT IS NOT NECESSARY IF THE POLICY WAS ISSUED IN MINNESOTA. WHEN DAMAGE TO THE VEHICLE IS COVERED BY AN INSURANCE POLICY AS PROVIDED UNDER PARAGRAPH (A) OF MINNESOTA STATUTE SECTION 65B.49, SUBDIVISION 5A, PAYMENT BY THE INSURER WITHIN THE TIME LIMITS OF MINNESOTA STATUTE SECTION 72A.201 IS ACCEPTABLE AND PRIOR PAYMENT BY YOU IS NOT REQUIRED.

 

NOTICE FOR MISSOURI, NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE LDW AND VEHICLE RENTAL NSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.

 

NOTICE FOR NEVADA RENTALS: AS THE RENTER, YOU ARE RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE RENTAL VEHICLE, EVEN IF SOMEONE ELSE CAUSED IT, OR THE CAUSE IS UNKNOWN, SUBJECT TO NEVADA LAW. YOU ARE LIABLE FOR COST OF REPAIR UP TO THE MARKET VALUE OF THE VEHICLE, LOSS OF USE, TOWING, STORAGE, IMPOUND AND ADMINISTRATIVE FEES. YOUR PERSONAL INSURANCE POLICY MAY PROVIDE COVERAGE FOR ALL OR A PORTION OF YOUR POTENTIAL LIABILITY. YOU SHOULD CONSULT WITH YOUR INSURER TO DETERMINE THE SCOPE OF YOUR INSURANCE COVERAGE.

 

THE COMPANY OFFERS, FOR AN ADDITIONAL CHARGE OF UP TO $22 PER DAY, AN OPTIONAL LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. HOWEVER, EVEN IF PURCHASED, THE LDW DOES NOT APPLY IN THE FOLLOWING CIRCUMSTANCES; (1) DAMAGE OR LOSS RESULTING FROM AN AUTHORIZED DRIVER’S: (a) INTENTIONAL, WILLFUL, WANTON OR RECKLESS CONDUCT, (b) OPERATION OF THE VEHICLE IN VIOLATION OF NRS 484.379 (DRIVING UNDER THE INFLUENCE), (c) TOWING OR PUSHING WITH THE CAR, OR (d) OPERATION OF THE VEHICLE ON AN UNPAVED ROAD IF THE DAMAGE OR LOSS IS A DIRECT RESULT OF THE ROAD OR DRIVING CONDITIONS; (2) DAMAGE OR LOSS OCCURRING WHEN THE VEHICLE IS: (a) USED FOR HIRE, (b) USED IN CONNECTION WITH CONDUCT THAT CONSTITUES A FELONY, (c) INVOLVED IN A SPEED TEST OR CONTEST OR IN DRIVER TRAINING ACTIVITY, (d) OPERATED BY A PERSON OTHER THAN AN AUTHORIZED DRIVER, OR (e) OPERATED OUTSIDE OF THE UNITED STATES; OR (3) AN AUTHORIZED DRIVER PROVIDING (a) FRAUDULENT INFORMATION TO THE COMPANY, OR (b) FALSE INFORMATION TO THE COMPANY AND THE COMPANY WOULD NOT HAVE RENTED THE VEHICLE IF IT HAD RECEIVED TRUE INFORMATION. An “AUTHORIZED DRIVER” INCLUDES YOU; YOUR SPOUSE, IF THAT PERSON IS A LICENSED DRIVER AND SATISFIED THE COMPANY’S MINIMUM AGE REQUIREMENTS; YOUR EMPLOYER OR CO-WORKER, IF ENGAGED IN BUSINESS ACTIVITY WITH YOU AND A LICENSED DRIVER SATISFYING THE COMPANY’S MINIMUM AGE REQUIREMENTS; AND ANY PERSON LISTED ON THE RENTAL AGREEMENT AS AN AUTHORIZED DRIVER.

 

NOTICE FOR NEW MEXICO AND TENNESSEE RENTALS: YOU MAY BE COVERED FOR ANY AND ALL LOSS OF, OR DAMAGE TO, THE RENTAL VEHICLE OF FOR OTHER CLAIMS ARISING OUT OF AN ACCIDENT UNDER YOUR PERSONAL MOTOR VEHICLE INSURANCE POLICY. IF COVERAGE EXISTS UNDER YOUR INSURANCE POLICY, AND IS CONFIRMED, YOU MAY REQUIRE US TO SUBMIT ANY CLAIMS TO YOUR INSURANCE CARRIER AS YOUR AGENT.

 

NOTICE FOR NEW YORK RENTALS: THE RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, AN OPTIONAL LDW, TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS TO THE RENTAL VEHICLE. THE PURCHASE OF THE OPTIONAL LDW IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE THE OPTIONAL LDW, YOU MAY WISH TO DETERMINE WHETHER YOU’RE CREDIT CARD OR YOUR VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE.

 

A. LDW DOES NOT APPLY IF THE DAMAGE OR LOSS (1) IS CAUSED INTENTIONALLY OR AS A RESULT OF WILLFUL, WANTON, OR RECKLESS CONDUCT OF THE DRIVER; OR (2) THE DAMAGE OR LOSS ARISES OUT OF THE (i) DRIVER’S OPERATION OF THE VEHICLE WHILE INTOXICATED OR IMPAIRED BY THE USE OF ALCOHOL OR DRUGS; (ii) USE OF THE VEHICLE WHILE ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION; (iii) USE OF THE VEHICLE TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING, WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER’S TRAINING; (iv) USE OF THE VEHICLE BY A PERSON OTHER THAN AN AUTHORIZED DRIVER, A DULY LICENSED PARENT OR CHILD OVER THE AGE OF EIGHTENN THEREOF WHO PERMANENTLY RESIDES IN THE SAME HOUSEHOLD, OR A PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE NORMAL COURSE OF EMPLOYMENT; (v) USE OF THE VEHICLE OUTSIDE OF THE CONTINENTAL UNITED STATES WHEN THAT USE IS NOT SPECIFICALLY AUTHORIZED BY THE AGREEMENT; OR (3) THE AUTHORIZED DRIVER HAS FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS SET FORTH IN SUBDIVISION FIVE OF SECTION 396-z OF NEW YORK GENERAL BUSINESS LAW; AND (4) WE ENTERED INTO THE RENTAL TRANSACTION BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION SUPPLIED BY THE RENTER OR AUTHORIZED DRIVER. B. IF THE VEHICLE IS DAMAGED, THE AUTHORIZED DRIVER OR HIS OR HER INSURER HAS THE RIGHT TO INSPECT THE VEHICLE PURSUANT TO REQUIREMENTS SET FORTH IN PARAGRAPH (c) OF SUBDIVISION FIVE OF SECTION OF SECTION 396-z OF NEW YORK GENERAL BUSINESS LAW. C. YOU MAY VOID THE OPTIONAL LDW AT NO CHARGE WITHIN 24 HOURS OF PURCHASE PROVIDED THAT YOU: (1) HAVE RENTED THE VEHICLE FOR TWO OR MORE DAYS; (2) APPEAR IN PERSON AT ANY OF OUR LOCATIONS TOGETHER WITH THE VEHICLE THAT SHALL BE SUBJECT TO INSPECTION; AND, (3) SIGN A CANCELLATION FORM PROVIDED BY US. THESE TERMS SUPERSEDE ANY CONFLICTING TERMS STATED ELSEWHERE.

 

NOTICE FOR NORTH CAROLINA, VIRGINIA AND WASHINGTON RENTALS: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE YOU DECIDE WHETHER TO PURCHASE COLLISION LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW NOT MANDATORY AND MAY BE WAIVED (DECLINED).

 

NOTICE FOR OREGON RENTALS: OUR RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER OR NOT TO PURCHASE THE LDW PRODUCT, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW IS NOT MANDATORY AND MAY BE WAIVED (DECLINED).

 

NOTICE FOR RHODE ISLAND RENTALS: THE RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF LDW WAIVER IS NOT MANDATORY UNDER THIS AGREEMENT. READ THE SEPARATE LDW DISCLOSURE PROVIDED TO YOU AT THE RENTAL LOCATION BEFORE SIGNING THE RENTAL AGREEMENT. READ THE LOSS DAMAGE WAIVER DISCLOSURE PROVISION BELOW BEFORE SIGNING THIS AGREEMENT.

 

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL VEHICLE
(For Rhode Island rentals)

The State of Rhode Island requires us to provide the following information about Your liability for damage to the rental vehicle and the purchase of a damage waiver.

 

Insurance or Credit Card Coverage: Liability for any damage to the rental vehicle may be covered by Your personal insurance policy or credit agreement. Check Your insurance policy or credit card agreement about coverage.

 

Damage Waiver Coverage: LDW is not insurance coverage. You do not have to purchase LDW. You can decline it.

 

If You purchase LDW, we will waive our right to hold You or any authorized driver liable for damage. Even if You buy the damage waiver, You and any authorized driver will remain liable for damage if any of the following apply: (1) damage or loss is caused (i) intentionally, willfully, or wantonly by an authorized driver, (ii) while an authorized driver is engaging in any speed contest, (iii) while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the Rental Agreement; (2) damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred; (3) damage or loss incurred (i) while an authorized driver is driving outside the United States or Canada, or if state restrictions are imposed by the Rental Agreement, if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the Rental Agreement, (ii) while the vehicle is driven, with the renter’s permission or accession, by anyone other than an authorized driver; (iii) after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company, (iv) as a result of commission of a felony by an authorized driver or (v) if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within 72 hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.

 

RENTER’S INSURANCE IS PRIMARY. The Renter’s or the operator’s valid and collectable liability or self-insurance providing coverage or liability protection any third party liability claims shall be primary, and the valid and collectable liability or self-insurance providing coverage or liability protection for any third-party liability claims for the owner and/or lessor arising out of the operation of the vehicle shall be excess.

 

NOTICE FOR TEXAS RENTALS: THE RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER ALL OR PART OF YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE OR CREDIT CARD AGREEMENT PROVIDES YOU COVERAGE FOR RENTAL VEHICLE DAMAGE OR LOSS AND DETERMINE THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW IS NOT MANDATORY. THE WAIVER IS NOT INSURANCE.

 

NOTICE TO TEXAS RESIDENTS REGARDING DAMAGE WAIVERS: Your personal automobile insurance policy may or may not provide coverage for Your liabilities in connection with the loss of or damage to a rented vehicle. Before deciding whether to purchase a damage waiver, You may wish to determine whether Your automobile insurance policy provides You coverage for rental vehicle damage or loss. If You file a claim under Your personal automobile insurance policy, Your insurance company may choose to nonrenew Your policy at Your renewal date, but may do so only if You are at fault for the claim.

 

NOTICE FOR UTAH RENTALS: THE RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LDW TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO OR LOSS OF THE RENTAL VEHICLE. YOUR OWN MOTOR VEHICLE INSURANCE OR CREDIT CARD MAY COVER DAMAGE TO OR LOSS OF THE VEHICLE. LDW IS VOID UNDER CERTAIN CIRCUMSTANCES SET FORTH IN THE SEPARATE RENTAL AGREEMENT. THE PURCHASE OF LDW IS NOT MANDATORY AND MAY BE DECLINED.

 

NOTICE FOR WISCONSIN RENTALS: WISCONSIN LAW REQUIRES A SEPARATE NOTICE BE PROVIDED TO YOU REGARDING LIABILITY FOR DAMAGE TO THE VEHICLE. THE SEPARATE NOTICE FOLLOWS.

 

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL VEHICLE
(FOR WISCONSIN RENTALS ONLY)

The State of Wisconsin requires Thrifty to provide You with the following information about the Your liability or an Authorized Driver's liability for damage to a rental vehicle and the purchase of LDW.

 

LIABILITY FOR DAMAGE TO THE RENTAL VEHICLE

 

The Rental Agreement makes You and any Authorized Driver (as defined in the Rental Agreement), liable for any damage to the rental vehicle caused by an accident or intentional, reckless or wanton misconduct. Total liability for any damage is limited to:

 

1) reasonable repair costs, less discounts available to Thrifty, or the fair market value of the rental vehicle, whichever is less, and

 

2) actual and reasonable towing and up to two (2) days of storage costs.

 

INSURANCE OR CREDIT CARD COVERAGE

 

Liability for any damage may be covered by Your personal insurance policy or credit card agreement. Check Your insurance policy or credit card agreement about coverage.

 

DAMAGE WAIVER COVERAGE

 

A damage waiver is not insurance coverage. If You purchase a damage waiver, Thrifty will waive its right to hold You or any Authorized Driver liable for damage. Even if You buy a damage waiver, You or any Authorized Driver will remain liable for damage if any of the following apply:

 

1) The damage is caused by You, or any Authorized Driver, intentionally or by reckless or wanton misconduct;

 

2) The damage occurs while You, or any Authorized Driver, operates the vehicle in Wisconsin while under the influence of an intoxicant or other drug, as described by under s. 346.63(1)(a) or (b) or (2m) or other applicable State of Wisconsin law;

 

3) The damage occurs while You, or any Authorized Driver, operates the vehicle in another state while under the influence of an intoxicant or other drug, as described by the laws of that state;

 

4) The damage occurs while You, or any Authorized Driver, are engaged in a race, speed or endurance contest;

 

5) The damage occurs while You, or any Authorized Driver is using, or has directed another to use, the vehicle in the commission of a misdemeanor, or a felony, as defined by s. 939.60;

 

6) The damage occurs while You, or any Authorized Driver, use the vehicle to carry persons or property for hire;

 

7) The damage occurs while You, or any Authorized Driver is using the vehicle outside the United States and Canada, unless use outside of these countries is permitted under the Rental Agreement;

 

8) The damage occurs while the vehicle is operated on a surface not intended for use by private passenger vehicles;

 

9) You provide Thrifty misleading or false information in order to rent the vehicle, which causes Thrifty to rent You the vehicle when Thrifty would not have otherwise done so, or on terms to which Thrifty would not have otherwise agreed to;

 

10) You, or any Authorized Driver who was operating the vehicle when an accident occurred, fail to promptly report, to Thrifty and the police, the accident resulting in damage to the vehicle;

 

NOTICE OF RIGHT TO INSPECT DAMAGE

 

If the vehicle is damaged, Thrifty may not collect any amount for the damage unless You, or an Authorized Driver against whom we claim liability, have been promptly notified of Your or Your insurers' right to inspect the unrepaired vehicle within two (2) working days after Thrifty was notified of the damage. If You request, Thrifty must also give You copies of two (2) estimates Thrifty has obtained from repair shops regarding any damage claim.

 

COMPLAINTS

 

If You have any complaints about Thrifty's attempt to hold You liable for damages or would like a copy of the Wisconsin law that fully sets forth Your rights and obligations, contact:

 

Wisconsin Consumer Protection Bureau

P.O. Box 8911

Madison, WI 53718-8911

608-224-4960 (Madison area) or toll free 1-800-422-7128

 

 

ADDENDUM C
STATE NOTICES
OPTIONAL PROTECTION PLANS

NOTICE FOR ARIZONA, MARYLAND, NEBRASKA AND VIRGINIA RENTALS: THE INSURANCE COVERAGES OFFERED BY THRIFTY MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY YOUR PERSONAL AUTOMOBILE INSURANCE POLICY OR BY ANOTHER SOURCE OF COVERAGE. THE PURCHASE OF THESE KINDS OF COVERAGE (AS LISTED BELOW) IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.

 

NOTICE FOR FLORIDA RENTALS. Renter’s insurance is primary: 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 coverage required by ss.324.021 (7) and 627.736, Florida Statutes.

 

NOTICE FOR MICHIGAN RENTALS: The rental company is liable for an injury caused by the negligent operation of the rental vehicle only if the injury occurred while the rental vehicle was being operated by You, Your spouse, father, mother, brother, sister, son, daughter, other immediate family member, or an authorized driver. The rental company’s liability is limited to $20,000 because of bodily injury to or death of 1 person in any 1 accident and $40,000 because of bodily injury to or death of 2 or more persons in any 1 accident. You may be liable to the Company for the amounts set forth above and You may be liable to an injured person for amounts awarded in excess of these amounts.

 

NOTICE FOR NEW MEXICO AND TENNESSEE RENTALS: YOU MAY BE COVERED FOR ANY AND ALL LOSS OF, OR DAMAGE TO, THE RENTAL VEHICLE OR FOR OTHER CLAIMS ARISING OUT OF AN ACCIDENT UNDER YOUR PERSONAL MOTOR VEHICLE INSURANCE POLICY. IF COVERAGE EXISTS UNDER YOUR INSURANCE POLICY, AND IS CONFIRMED, YOU MAY REQUIRE US TO SUBMIT ANY CLAIMS TO YOUR INSURANCE CARRIER AS YOUR AGENT

 

NOTICE FOR PENNSYLVANIA RENTALS: IF YOU DECLINE TO PURCHASE UMP, YOU ARE REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS AGREEMENT AND THE RENTAL AGREEMENT, AND ANY POLICY OF INSURANCE OR SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR YOURSELF AND ALL OTHER PASSENGERS OF THE RENTAL VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND DAMAGES. YOU KNOWINGLY AND VOLUNTARILY REJECT THIS COVERAGE.

 

NOTICE FOR RHODE ISLAND RENTALS. RENTER’S INSURANCE IS PRIMARY. The Renter’s or the operator’s valid and collectable liability or self-insurance providing coverage or liability protection for any third party liability claims shall be primary, and the valid and collectable liability or self-insurance providing coverage or liability protection for any third-party liability claims for the owner and/or lessor arising out of the operation of the vehicle shall be excess.

 

NOTICE FOR TEXAS RENTALS: YOU MAY NOT NEED THE AUTOMOBILE LIABILITY INSURANCE OFFERED BY THRIFTY. THE PURCHASE OF AUTO RENTAL LIABILITY INSURANCE IS NOT REQUIRED AS A CONDITION OF RENTING AN AUTOMOBILE. THIS INSURANCE DOES NOT APPLY TO ANY BODILY INJURY OR PROPERTY DAMAGE ARISING OUT OF THE USE OR PERMITTING THE USE OF A RENTAL VEHICLE BY ANY DRIVER WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAW.

 

ADDENDUM D

FOR RENTALS IN CANADA

THE FOLLOWING TERMS AND CONDITIONS APPLY:

 

 

By completing and submitting the Enrollment Form to Us, the person enrolling (“You” or “Your”) acknowledges, understands and agrees to comply with the printed and written terms, below and on the separate rental document (the “Rental Statement”), and any addendums and any return document (collectively the “Agreement”) and pay all fees and charges due under this Agreement even if You did not specifically authorize the charges or the charges have not been quantified or calculated prior to Your departure. This Agreement is between You, the Renter, the Authorized Driver and any additional Authorized Drivers signing this Agreement (“You”, “Your” or “Renter”) and the rental car company operated by Dollar Thrifty Automotive Group Canada, Inc. or operated by an independent licensee of DTG Canada Corp, doing business as Thrifty Car Rental (collectively referred to herein as “Us”, “We”, “Our” or “Company”). You, Your or Renter also refers to any entity listed in the Agreement as the Renter. The Renter and all Authorized Drivers are jointly and severally liable for the obligations under the Agreement.

 

1. AUTHORIZED DRIVERS.

The Vehicle may be driven only by an “Authorized Driver.” An Authorized Driver is You and any additional person who appears at the time of rental and signs this Agreement. All Authorized Drivers must satisfy Our age requirements, have a valid driver’s license and fulfill Our other qualifications. No other persons are authorized to drive the Vehicle.

2. THE VEHICLE.

You guarantee that the Vehicle will be operated as required by this Agreement. You must return the Vehicle in the same condition You received it, ordinary wear and tear excepted. You acquire no title to the Vehicle and no one, other than Us, may transfer it. You will not repair the Vehicle without our consent. The Vehicle is in good overall condition with no apparent defects. WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OF THE VEHICLE FOR ANY PARTICULAR PURPOSE. We shall not be liable to You for any indirect, special or consequential damages related directly or indirectly to any breach by Us of this Agreement, including any malfunction or fitness of the Vehicle itself.

3. PROHIBITED USES OF THE VEHICLE.

A. The Vehicle may not be used: (1) BY OTHER THAN AN AUTHORIZED DRIVER; (2) TO PUSH OR TOW ANYTHING, CARRY PERSONS OR PROPERTY FOR HIRE, IN A RACE, TEST, CONTEST, OR FOR TRAINING ACTIVITY; (3) FOR ANY ILLEGAL PURPOSES, OR IN THE COMMISSION OF A CRIME; (4) WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS; (5) TO INTENTIONALLY CAUSE DAMAGE, OR ENGAGE IN WILLFUL, WANTON OR RECKLESS MISCONDUCT; (6) OUTSIDE OF OUR GEOGRAPHIC DRIVING RESTRICTIONS AND IN ANY EVENT OUTSIDE OF CANADA AND THE UNITED STATES; (7) IF IT WAS OBTAINED BY FRAUD OR MISREPRESENTATION.

B. FOR PURPOSES OF THIS AGREEMENT, WILLFUL, WANTON OR RECKLESS MISCONDUCT INCLUDES, BUT IS NOT LIMITED TO: (1) THE UNAUTHORIZED USE OF THE VEHICLE ON OTHER THAN REGULARLY MAINTAINED HARD SURFACE ROADWAYS, PRIVATE DRIVEWAYS OR PARKING LOTS, WHICH UNAUTHORIZED USE DIRECTLY RESULTS IN DAMAGE OR LOSS TO THE VEHICLE; (2) USE OF UNAUTHORIZED EQUIPMENT ON OR IN THE VEHICLE; (3) AIDING IN THE THEFT OF THE VEHICLE OR FAILING TO SAFEGUARD THE KEYS AND THE VEHICLE AND IT IS STOLEN OR VANDALIZED; (4) CARRYING PASSENGERS IN THE BED OR CARGO AREA OF THE VEHICLE; (5) FAILURE TO USE SEAT BELTS, CHILD RESTRAINT OR SEATS WHERE REQUIRED BY LAW; (6) CARRYING OR LOADING ANYTHING ON THE VEHICLE, OR CARRYING PASSENGERS IN EXCESS OF THE NUMBER OF SEAT BELTS IN THE VEHICLE; (7) ATTACHING TOWING DEVICES OR TRAILERS TO THE VEHICLE; (8) CONVICTION OF CARELESS DRIVING.

C. ANY PROHIBITED USE OF THE VEHICLE IS A MATERIAL BREACH OF THIS AGREEMENT, VOIDS OR DEPRIVES YOU OF THE BENEFITS OF ANY OPTIONAL COVERAGES, AND MAKES YOU RESPONSIBLE FOR ALL LOSS OF OR DAMAGE TO THE VEHICLE, THIRD PARTY CLAIMS, FINES, PENALTIES, ATTORNEY FEES AND COSTS.

4. YOUR RESPONSIBILITY FOR DAMAGE OR LOSS.

You are absolutely liable for any loss or damage to the rental Vehicle, even if someone else caused it or the cause is unknown, whether due to theft, fire, hail, flood, collision, vandalism, or any other cause, subject to limitations imposed by the law where the Vehicle is rented. This liability will not exceed the full value of the Vehicle plus actual towing and storage charges, loss of use, diminution in value, regardless of whether the Vehicle is repaired or not, all rental charges through the date You report the incident if not returnable or the return date, whichever is later, out-of-pocket expenses incurred by us as a result of the loss or damage to the Vehicle, a reasonable administrative fee, and pro-rata license plate fees, all as allowed by law. If You make unauthorized repairs to the Vehicle, You will pay the cost to restore the Vehicle to the pre-rental condition. You agree to pay Us any amount not covered by any insurance, credit, or charge card or other coverage You may have. However, Your responsibility will not exceed those damages expressly permitted by the applicable law to this form of Agreement.

 

5. LOSS DAMAGE WAIVER (“LDW').

A. IF YOU SELECT THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”) OPTION ON THE ENROLLMENT FORM, WE WILL WAIVE YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE VEHICLE IN FULL. AT THE TIME OF RENTAL YOU MAY PURCHASE AND ACCEPT OPTIONAL LDW BY SIGNING OR INITIALING THE OPTIONAL “LDW PLAN.” WE WILL WAIVE YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE VEHICLE IN FULL OR IN PART DEPENDING ON THE LDW PLAN ACCEPTED.

B. LDW IS NOT INSURANCE. LDW DOES NOT APPLY IF: (1) YOU USE OR OPERATE THE VEHICLE IN VIOLATION OF THIS AGREEMENT; (2) YOU FAIL TO REMOVE AND SECURE THE KEYS, OR CLOSE AND LOCK ALL WINDOWS, DOORS AND TRUNK AND THE VEHICLE IS STOLEN OR VANDALIZED; (3) YOU FAIL TO NOTIFY US AND THE POLICE IMMEDIATELY AFTER THE LOSS; AND (4) YOU FAIL TO PAY THE CHARGES UNDER THIS AGREEMENT; (5) DAMAGE IS CAUSED BY INSUFFICIENT CLEARANCE (HEIGHT OR WIDTH), OR BY A RIOT, STRIKE OR CIVIL DISTURBANCE, OR ANY “BOX” DAMAGE; (6) DAMAGE TO THE INTERIOR IS CAUSED BY EXCESSIVE STAINS, DIRT, OR OTHER DAMAGE; AND; (7) WHEN OTHER EXCLUSIONS ARE ALLOWED BY JURISDICTIONAL LAW.

6. RETURNING THE VEHICLE.

YOU WILL RETURN THE VEHICLE TO US ON THE DATE AND TIME NOTED ON THE AGREEMENT, OR SOONER IF WE REQUEST. IF YOU FAIL TO RETURN THE VEHICLE, YOU WILL PAY US ALL OF OUR EXPENSES AND CHARGES INCLUDING A DROP FEE, AND WE RESERVE THE RIGHT TO NOTIFY LAW ENFORCEMENT AUTHORITIES THAT THE VEHICLE IS STOLEN OR MISSING. You are liable for the Vehicle until we have inspected and accepted it, including any Vehicle returned after our location closes.

 

7. REPOSSESSING THE VEHICLE AND REMOTE TRACKING DEVICES.

We have the right to monitor the Vehicle through remote tracking devices or otherwise and locate, disable and repossess the Vehicle or otherwise at Your cost and without notice to You if it is being used in violation of the law, illegally parked, apparently abandoned, overdue, or is being used in breach of the geographic driving restrictions of the rental, the payment obligations or other terms of this Agreement. Upon Your use of the Program after notice of enrollment or by signing the Rental Agreement, You authorize Us, Our agents or other representatives to enter any premise to repossess the Vehicle, and You agree to indemnify and hold Us harmless from and against, and will defend Us against any and all loss, liability or damages whatsoever caused by or arising out of the repossession of the Vehicle.

 

8. PERSONAL PROPERTY.

We are not responsible for any loss or damage to any of Your or Your passenger’s property left, stored, or transported in or on the Vehicle, our premises or in or on any other Vehicle belonging to us. You agree to indemnify Us and hold Us harmless from any claim for loss of or damage to any personal property connected with the rental.

 

9. THE CHARGES.

A. You will pay Us for all charges under this Agreement, including, but not limited to:

1. TIME AND KILOMETRE CHARGES: These charges are at the rate on the AreementAgreement. TIME CHARGES ARE BASED ON A 24-HOUR RENTAL DAY STARTING AT THE TIME OF RENTAL. The minimum charge is one day, plus kilometres used. You will pay for each hour and/or any part of an hour in excess of a Rental Day until the Vehicle is returned, up to the applicable daily rate. The number of kilometres driven is determined by the odometer readings at the beginning and end of the rental. If You fail to comply with the conditions applicable to the rate, including any geographic driving restrictions, a kilometre charge, surcharge or other rates may apply.

 

2. REFUELING SERVICE. If You return the Vehicle with less fuel than when You rented it, we will charge you a Refueling Service charge for the cost and service of refueling the Vehicle. The Refueling Service charge is based on kilometres driven or the estimated litres required to refill the tank at the rate stated on the Agreement. If a prepayment option is available, You may choose to pre-purchase the filled tank at the beginning of the rental. THERE ARE NO REFUNDS FOR UNUSED FUEL.

 

3. OPTIONAL PRODUCTS. You will pay for any optional products accepted at the beginning of the rental at the daily rate for each day or partial day while on rent to You. The cost, terms, availability and/or the provider and terms may vary from location to location. Separate brochures, whose terms are incorporated herein, explain the available products.

 

4. TAXES, FINES AND EXPENSES. You will pay us all amounts due for the applicable sales, use, excise and other taxes. You will pay timely all parking/moving violations, traffic fines, tickets, and penalties related to the Vehicle, including the ones related to the seizure or forfeiture of the Vehicle (“Citations”). If you fail to pay timely all Citations, we charge you a handling fee per Citation plus the amount of the Citation and other penalties, fines, attorney fees, court costs, collection costs and other expenses incurred by us.

 

5. OTHER CHARGES. You will pay (i) a per/day Additional Driver and/or Underage fee, if applicable; (ii) a Drop Charge or other charges if You return the Vehicle to an unauthorized location; (iii) for lost keys or keys locked in the Vehicle; (iv) a cleaning fee for excessive stains, dirt, or pet hair; and, (v) any airport concession recovery fees, airport fees, frequent flyer surcharges, vehicle l license fees, government fees, drivers’ license fees or other charges due. If You ask for other services or equipment from us, additional charges may apply.

 

6. DAMAGE AND LOSS. You will pay us for loss or damage to the Vehicle subject to the terms of this Agreement.

B. IF YOU PAY FOR THE CHARGES WITH A CREDIT, DEBIT OR CHARGE CARD (COLLECTIVELY REFERRED TO HEREIN AS A “CARD”), YOU AUTHORIZE US TO PROCESS OR SUBMIT A CHARGE TO YOUR CARD FOR THE ESTIMATED CHARGES FOR THIS RENTAL OR THE AMOUNT STATED ON THE RENTAL STATEMENT, WHICHEVER IS GREATER, AND YOU AUTHORIZE US TO PROCESS OR SUBMIT A CHARGE FOR ANY ADDITIONAL CHARGES DUE UPON RETURN OF THE VEHICLE, UPON YOUR USE OF THE PROGRAM AFTER NOTICE OF ENROLLMENT OR YOUR SIGNING OF RENTAL AGREEMENT. IF WE DO NOT PROCESS OR SUBMIT A CHARGE UPON YOUR SIGNING OF THIS AGREEMENT, BY SIGNING, YOU CONSENT TO THE RESERVATION OR AUTHORIZATION OF CREDIT WITH THE CARD ISSUER AN AMOUNT WHICH IS THE GREATER OF THE ESTIMATED CHARGES OR THE AMOUNT STATED IN THE AGREEMENT. YOU AUTHORIZE US TO CHARGE YOUR CARD FOR ANY UNPAID CITATIONS OR OTHER FINES OR PENALTIES ASSESSED AGAINST YOU DURING THE RENTAL PLUS A HANDLING FEE PER CITATION. You also consent to allow us to obtain credit information about You from any credit agencies we may contact.

 

C. You will pay an additional fee for any returned cheque.

 

D. A late fee, which is the lesser of: (i) 24% per year; or (ii) the highest rate of interest permitted by applicable law to this form of agreement will be applied monthly to overdue amounts.

 

E. Any cash and credit card deposits will be applied toward unpaid charges incurred under the Agreement.

 

F. Except as provided herein, charges will continue to accrue until the Vehicle is returned to us, or if stolen, until You have filed a report with the police and us.

 

G. All charges are subject to final audit. If errors are discovered, You will pay the corrected amount due and we are authorized to correct the charges with the card issuer.

 

10. LIABILITY INSURANCE.

A. For rentals in the Province of Ontario, Canada: The insurance policy of the Renter or driver of a rental vehicle will be required to pay first in the event of liability arising out of the use and operation of a leased vehicle (Section 227 (1.1) of the Insurance Act). By entering into this Rental Agreement, You agree to provide us information regarding any insurance policies available to You and You give permission and consent to Us Or employees, agents, servants and insurers to obtain and maintain information about Your hirdthird party liability auto insurance coverage and all particulars of any contracts of automobile insurance under which You or Your spouse is or may be a named insured or an insured person, and/or entitled to coverage for third party liability claims, expenses, losses or damages and defencedefense costs.

 

B. For rentals in Canada, except for the Province of Ontario: Where required by law, we will provide You with primary automobile liability coverage for (i) bodily injury or death of another (excluding any of Your or Authorized Driver’s family members related by blood, marriage or adoption residing with You or them); and (ii) property damage other than to the Vehicle, with limits equal to the minimum requirements in the Province in which the Vehicle is rented.

 

C. We do not provide “uninsured motorist”, “underinsured motorist”, “no-fault”, or any other optional insurance coverage unless required by law. To the extent permitted by law we and You reject the inclusion of any such optional coverage.

 

D. You agree to indemnify and hold us harmless from and against any and all losses, liabilities, and expenses in excess of the minimum limits required by law to be provided by us.

 

E. You understand that any coverage provided by us does not apply to any obligation to which You may be held liable under any workers’ compensation, unemployment compensation, disability benefits, or any similar law.

 

11. TRUCKS AND HEAVY VEHICLES.

A. When renting a Vehicle that is a truck or heavy vehicle You declare to us that (1) You are duly registered with the Quebec Transport Commission’s Registry (QTC) and comply with any other similar provincial or federal requirement respecting owners and operators of heavy vehicles; (2) Your registration number is written on the separate rental agreement; (3) You are the operator of the Vehicle and assume such responsibility; and (4) You accept that during the term of the Agreement You have consented to the possession, control and exclusive use of the Vehicle and commitment to be liable for the driver and the operation of the Vehicle.

 

B. You agree to (1) keep a copy of the Rental Agreement in the Vehicle at all times; (2) notify us immediately of any administrative measure imposed by the QTC or other board or entity in charge of sanctioning the use of vehicles on public roads; (3) abide by the laws and regulations and to keep a daily log relating to the number of hours of service or hours of driving at all times in the Vehicle; (4) conduct a pre-departure inspection of the Vehicle before each departure and keep up to date the inspection reports in the Vehicle, and to forward a copy of the inspection report to us and to immediately report any mechanical defect to us; and (5) not drive a Vehicle which has a major defect, discovered during a pre-departure or other inspection;

 

12. HANDLING ACCIDENTS AND OTHER OCCURRENCES.

A. You agree to immediately file and report any accident, theft or vandalism involving the Vehicle to us and to the police and complete an accident report. Your failure to cooperate with us or file a timely and accurate report creates a rebutable presumption that the incident was caused by your willful, wanton or reckless misconduct and may void the optional products and make you absolutely liable for any loss or damage to the Vehicle.

 

B. You will deliver to us a legible copy of any service of process, pleading, or notice of any kind relating to a claim or suit in connection with any accident involving the Vehicle.

 

C. We reserve the right to refuse to grant a replacement Vehicle to You if You have an accident, breakdown, violate the law or for any other reason.

 

13. GENERAL PROVISIONS.

A. Vehicle means the Vehicle rented, or its replacement, and all of its parts, equipment, accessories, keys and documents. No term of this Agreement may be waived or changed except in writing signed by us. If any term of this Agreement is prohibited by law, it shall not affect the remaining terms. Paragraph headings have no independent meaning.

 

B. You accept that it is Your responsibility to comply with all applicable seat belt and child restraint laws.

 

C. You may not sublease the Vehicle, nor may You transfer or assign this Agreement or the Rental Agreement.

 

D. We reserve the right to deny future rentals to You if You violate this Agreement or the Rental Agreement.