Rental Terms and Conditions
1. These terms and conditions, the rental document signed by you, and a return
record with computed rental charges together constitute the rental agreement
between yourself and Avis Rent A Car System, LLC, or the independent Avis System
Licensee identified on the rental document (“Avis”).
2. You rent from us the car described on the rental document, which rental is solely
a bailment for mutual benefit. You agree to the terms below and on the other
panels of this Rental Document Jacket provided any such term is not prohibited
by the law of a jurisdiction covering this rental, in which case such law controls.
“You” and “your” refer to the person who signs this agreement, “we”, “our” and
“us” refer to Avis. You also agree that you are not our agent for any purpose; and
that you cannot assign or transfer your obligations.
3. Changes. Any change in this rental agreement or our rights must be in writing
and signed by an authorized Avis officer
4. Meaning of “Car”. The word “car” in this agreement means the vehicle rented
or its replacement, and includes tires, tools, equipment, accessories, plates, and
documents, unless otherwise explicitly specified in this rental agreement.
5. Who May Drive the Car. You represent that you are a capable and validly
licensed driver. You agree that we have the right to verify that your license has
been validly issued and is in good standing; and that we may refuse to rent to
you if your license has been suspended, revoked or otherwise restricted in any
way. We reserve the right to deny rentals based upon information provided by
the Motor Vehicle Department of the jurisdiction that issued your license or
any other reliable source in the business of validating identity. Except where
otherwise specifically authorized by applicable law, only you, your spouse or
domestic partner, or, if you rent from us under your employer’s corporate account
agreement, your employer or a regular fellow employee incidental to business
duties may drive the car, but only with your prior permission. The other driver
must be at least 25 years old and must be a capable and validly licensed driver.
There may be a charge for each additional driver authorized to drive the car, which
charge is specified on the rental document.
6. Return of the Car. You must return the car in the same condition you received
it, ordinary wear and tear excepted, on the date and at the time indicated on the
rental document. You must return it sooner on our demand. If you return it earlier
or later, a different or higher rate may apply and, if returned later, you may be
charged a late return fee. You may not return the car at a time when we are closed.
If you do, your responsibility for damage to or loss of the car will continue and all
charges stated on the rental document as a periodic rate will continue to accrue
until the return location reopens and we retake actual possession of the car. If we
do not find the car when that location reopens, your responsibility for all charges
and for damage to or loss of the car will continue until the car is actually returned
or recovered. If you wish to extend any rental you must contact us at 1-888-897-
8448 to request it before your return date. We may or may not grant an extension
or grant it for the entire period you request, in our sole discretion. If we do grant
an extension a different or higher rate may be applied to the extension period and
a service fee may also apply.
7. Where You’ll Return the Car. The car must be returned to the agreed return
location as specified on the rental document. If return is indicated to a location
other than the location where your rental commences, you may have to pay a
“one way service fee”. If you return the car to a different location from the agreed
return location without our permission, you agree to pay the “unauthorized return
location fee” specified by us.
8. Rental Charges. You will pay for the number of miles you drive and the
period of time you rent the car at the rate indicated on the rental document. The
minimum charge is one day (24 hours), unless “calendar day” is indicated on the
rental document, plus mileage, or a fixed fee. We will determine the miles by
reading the factory-installed odometer. The daily charge applies to consecutive 24
hour periods starting at the hour and minute the rental begins or, if a calendar day
is specified on the rental document, each consecutive calendar day or any part of a
calendar day starting on the calendar day on which the rental commences. If you
fail to comply with any conditions for special rates specified on the rental document
our otherwise applicable rates will be charged. You’ll pay all charges that apply to
the rental for miscellaneous services and, where permitted, airport facility fees
and/or concession recovery fees, and vehicle license recovery fees, other fees and
surcharges.
1) If you present any rewards certificates, coupons or vouchers associated with a
loyalty rewards program, other than Avis, you may be charged a redemption fee.
Additionally if you choose to earn airline miles or other comparable loyalty program
benefits, you may be charged a fee.
2) You will also pay a reasonable fee for cleaning the car’s interior upon return for
excessive stains, trash, dirt, soilage or odors attributable to your use.
3) If the key(s) are not returned with the vehicle, you may be charged an additional
fee.
4) We maintain a non smoking fleet. You will pay an additional charge if you or any
passenger smokes in the car or near the car.
5) You and any third party to whom any rental charges are billed, such as an insurer
or employer, are jointly and severally responsible for payment of all such charges.
If you direct us to bill any such charges to a third party, you represent that you are
authorized to do so.
6) If you use a car with automatic toll payment capability, you will pay us or our toll
program administrator, with whom we will share rental and all your credit card/debit
card information, for all tolls incurred during your related fees, charges and penalties.
You will also pay a toll convenience fee for every day of the rental once you have
passed through the toll. The charges may take 4-8 weeks after the rental to be billed
to your credit card/debit card on file. Avis issues discount codes to individuals. By
entering into this rental agreement you represent you have the express authorization
of Avis to use such codes. Any other use will be viewed as an unlawful use and theft
of services for which Avis can pursue legal remedies including but not limited to
reasonable attorneys fees and costs.
9. Taxes. You’ll also pay all applicable taxes as well as any additional charges provided
on the rental agreement which are over and above the base rental rate. These may
be surcharges and or recovery fees to recover certain costs.
10. Card Reserve. You acknowledge that you have been informed that if you use a
charge card your credit, up to an amount of the estimated total charges due under
this Agreement, as indicated on the rental document, based on your representation
about this rental, may be set aside or reserved by the card issuer of the card, which
you present for payment of your rental charges based on your
representation about this rental, as indicated on the rental document or the deposit
amount indicated on signs at the location at which you rent at the time of rental. You
consent to the reservation or setting aside of that estimated total amount at the time
of commencement of the rental. You understand that we will authorize the release of
any excess reserve or set aside upon the completion of your rental, and that your card
issuer’s rules apply to your credit line or your account being credited for such excess
and may not be immediately released by your card issuer.
11. Repossessing the Car. We can repossess the car at any time in our sole discretion
for reasons that include, but are not limited to the following: it is found illegally
parked, being used to violate the law or the terms of this agreement, or appears to be
abandoned. You agree that we needn’t notify you in advance. If the car is repossessed,
you agree to pay the actual and reasonable costs incurred by us to repossess the car.
You agree that such cost will be charged to the card you used to rent the car.
12. Loss Damage Waiver. Loss Damage Waiver (LDW) is not insurance and not
mandatory. If you accept full LDW by your initials on the rental document at the
additional daily rate, for each full or partial day that the car is rented to you, and
the car is operated in accordance with this agreement, we assume all loss or
damage to the car except, if permitted by law, for lost, damaged or stolen keys
or remote entry devices, towing or tire service unless related to an accident, or
recovery of the car if stolen, (except in the state of Alaska), and except for your
amount of “responsibility”, if any, specified on the rental document. Partial Loss
Damage Waiver (PDW) is available only where permitted by law. If you accept
PDW at the indicated daily rate, and the car is operated in accordance with this
agreement, we assume all loss or damage to the car up to the amount as specified
on the rental document and you accept responsibility for all other loss or damage.
If you do not accept either LDW or PDW, you owe for all loss or damage to the
car. Loss and damage are described in the following paragraph. You acknowledge
you have been advised that your own insurance may cover loss or damage to the
car. You also acknowledge reading the notice on loss damage shown on the rental
document, or at the end of these terms, or in separate notice form.
13. Damage/Loss to the Car. If you do not accept LDW, or if the car is lost or
damaged as a direct or indirect result of a violation of paragraph 14, or damaged
as a result of an act of nature, you are responsible and you will pay us for all loss
of or damage to the car regardless of cause, or who, or what caused it. If the car
is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we
determine to sell the car in its damaged condition, you will pay the difference
between the car’s retail fair market value before it was damaged and the sale
proceeds. Where permitted by law, you authorize us to charge you for the actual
cost of repair or replacement of lost or damaged items such as glass, mirrors, and
antenna, as part of your rental charges at the time of return. If the car is stolen
and not recovered you will pay us the car’s fair market value before it was stolen.
As part of our loss, you’ll also pay for loss of use of the car, without regard to our
fleet utilization, plus an administrative fee, plus towing and storage charges, if any
(“Incidental Loss”). If your responsibility is covered by any insurance, credit card
benefit, travel insurance or other such insurance or benefits, you authorize us to
contact the benefit provider directly on your behalf and assign of your benefits
directly to us to recover all consequential and incidental damages including but
not limited to the repairs of the vehicle plus diminished value or the fair market
retail value of the car (less salvage value plus costs incurred in the salvage-sale),
and all loss of use, towing, storage and administrative fees. If we collect our loss
from a third party after we have collected our loss from you, we will refund the
difference, if any, between what you paid and what we collected from the third
party. If the law of a jurisdiction covering this rental requires conditions on LDW
that are different than the terms of this agreement, such as if your liability for
ordinary negligence is limited by such law, that law prevails. You understand that
you are not authorized to repair or have the car repaired without our express prior
written consent. If you repair or have the car repaired without our consent, you
will pay the estimated cost to restore the car to the condition it was in prior to your
rental. If we authorize you to have the car repaired, we will reimburse you for those
repairs only if you give us the repair receipt.
14. Prohibited Use of the Car. Certain uses of the car and other things you or a
driver may do, or fail to do, will violate this agreement. A VIOLATION OF THIS
PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL and IS AN
EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL
PRODUCTS SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT
LIMITED TO ADDITIONAL LIABILITY INSURANCE, PERSONAL ACCIDENT
INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE
ASSISTANCE AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER.
IT ALSO MAKES YOU LIABLE TO US FOR ALL THE PENALTIES, FINES,
FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING
ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this paragraph if:
A. You use or permit the car to be used: 1) by anyone other than an
authorized driver, as defined in paragraph 5; 2) to carry passengers or
property for hire; 3) to tow or push anything; 4) to be operated in a
test, race or contest or on unpaved roads; 5) while the driver is under
the influence of alcohol or a controlled substance; 6) for conduct that
could properly be charged as a felony or misdemeanor, including the
transportation of a controlled substance or contraband; 7) recklessly
or while overloaded; 8) if the car is driven into Mexico without our
expressed permission or
B. You or an additional driver, authorized or not: 1) fail to promptly
report any damage to or loss of the car when it occurs or when you
learn of it and provide us with a written accident/incident report or
fail to cooperate fully with our investigation; 2) Where required by
law, failed to report an accident to law enforcement; 3) obtained the
car through fraud of misrepresentation; 4) leave the car and fail to
remove the keys or close and lock all doors, close all windows and
the trunk and the car is stolen or vandalized; 5) intentionally or with
willful disregard cause or allow damage to the car, or 6) return the car
after hours and the car is damaged, stolen or vandalized.
C. Driving or operating this car while using a hand-held wireless
communication device or other device that is capable of receiving or
transmitting telephonic communications, electronic data, mail or text
messages while not in a hands free mode shall be deemed a breach
of this contract.
15. Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not
always the case.
(A) Where available, if permitted by law, if you drive less than 75 miles, you
acknowledge that we will add a flat fee to the rental, the amount of which will
be disclosed on the rental document and at the counter prior to rental. You may
avoid this charge at time of return by providing a receipt for fuel purchased at
which time the fl at fee will be reversed from your total rental charges. If (a) does
not apply, there are three refueling options:
1) If you do not accept the fuel service option, where available, at the beginning
of your rental, and you return the car with less fuel than was in it when you
received it, we will charge you a fuel service charge at the applicable rate per-mile
or per-gallon rate specified on the rental document. The per-mile rate is used if
you do not buy fuel during the rental. To calculate this amount, we multiply the
number of miles driven, as shown on the car’s odometer, times the per-mile rate
shown on the rental document. The per gallon rate is used if you buy fuel during
the rental and provide us with a receipt on our request, but the tank is not as
full when you return the car as when you received the car (by using the factory
installed gauge, rounded down to the nearest 1/8 tank), times the per-gallon
rate shown on the rental document. Although two methods are used for ease of
calculation, the per mile and per-gallon rates produce approximately the same
result. Some of our vehicles are equipped with onboard telematics which record
the actual amounts of fuel in the gas tank. In the event your vehicle has such a
device, you will be charged for the actual amount of gasoline needed to fill the
tank based on the reading of this device.
2) If you accept the fuel service option at the beginning of your rental, you will be
charged as shown on the rental document for that purchase and you will not pay
us a fuel service charge. If you choose this option, you will not incur an additional
fuel service charge, but you will not receive any credit for fuel left in the tank
at the time of return. The per-gallon cost of the fuel service option will always
be lower than the fuel service charge. The cost of refueling the car yourself at a
local service station may be lower than the fuel service charge or the fuel service
option. You acknowledge that the fuel service charge is not a retail sale of fuel.
3) You may avoid a fuel service charge if you return the car with the fuel tank as
full as when you received it and, if requested by us, present a receipt for your
fuel purchase
16. e-Toll. If you do not pay cash for tolls or the roadway does not accept cash
payment you automatically opt into our e-Toll service, pursuant to which you
agree to pay us or our toll program administrator, with whom we will share
your credit card/debit information, for all tolls incurred during your rental
and all related fees, charges and penalties. Under the e-Toll program, once
you pass through an electronic toll, you will pay a convenience fee of $3.95
for each day of the entire rental period, including any days on which e-Toll is
not used, up to a maximum of $19.75 per rental month, plus incurred tolls
at the maximum prevailing rates posted by the toll authority. You can avoid
the convenience fee and any other charges by paying the toll in cash, using
your electronic toll device, or avoiding any cashless toll road or passage. The
charges may take 4-8 weeks after the rental to be billed to your credit card/
debit card on file.
17. Fines, Expenses, Costs and Administrative Fees. You’ll pay all fines,
penalties and court costs for parking, traffic, toll and other violations,
including storage liens and charges. You will also pay a reasonable
administrative fee with respect to any violation of this agreement, such as
for repossessing or recovering the car for any reason.
You agree we may, in our sole discretion, pay all tickets, citations, fines and
penalties on your behalf directly to the appropriate authority and you will
pay us for what we paid to the appropriate authority or their designated
agents plus a reasonable administrative fee. You agree and acknowledge
that we cooperate with all federal, state, municipal and local officials charged
with enforcing these infractions to provide any information necessary as
they may request or may otherwise be required.
You authorize us to release the rental and credit/debit card information
regarding your rental to either ATS Processing Services, LLC (ATS) or VMS
as our agent for the purpose of processing and billing you for any tickets,
citations, fines and penalties incurred by you or assessed against us or
the vehicle during your rental plus a reasonable administrative fee not to
exceed $50 per violation. You authorize ATS or VMS as our agent to bill you
directly to the credit/debit card you used to rent the vehicle. You authorize
ATS or VMS to contact you directly regarding any tickets, citations, fines and
penalties incurred by your or assessed against us or to our vehicle while the
vehicle was rented to you.
In the event we use a third party collection and or administrative agent to
resolve any tickets, citations, fines and penalties, you agree to pay all costs
and collection fees including but not limited to administrative and legal
costs to such agent upon demand without protest.
You agree to indemnify and hold us and ATS or VMS harmless for any tickets,
citations, fines, penalties and administrative fees.
18. Roadside Assistance. Roadside assistance is available to all renters.
In some instances, you may purchase added protection under Extended
Roadside Assistance to cover potential costs associated with lost keys,
remote entry devices, lockouts, flat tires, towing (if the car becomes
inoperable), jump starts emergency fuel delivery (up to 3 gallons). If you do
not purchase the Extended Roadside Assistance in advance, you may incur
added costs for providing the above referenced services. When paying in
advance for Extended Roadside Assistance, you will pay for any full or partial
day.
19. Emergency Sickness Protection (ESP), where available, is available only
to Canadian renters and international renters with valid non U.S. passports.
You’ll pay for ESP, if you accept it. You’ll be charged the rate per day for a full
day even if you don’t have the car for the entire day. ESP is offered by an
independent insurer and is explained in a brochure available at the counter.
20. Personal Accident Insurance (PAI). You’ll pay for Personal Accident
Insurance if you accept it. You understand that you will be charged the rate
per day for a full day even if you don’t have the car the entire day.
21. Personal Effects Protection (PEP) Insurance. You’ll pay for PEP
Insurance if you accept it. You will be charged the rate per day for a full day
if you don’t have the car for the entire day.
22. Liability Protection. Anyone driving the car who is permitted to drive
it by this agreement will be protected against liability for causing bodily
injury or death to others or damaging the property of someone other
than the authorized driver and/or the renter up to the minimum financial
responsibility limits required by the law of the jurisdiction in which the
accident occurs. The limit for bodily injury sustained by any one person
includes any claim for loss of that person’s consortium or services. Where
the law extends this protection to a non-permitted driver, the same limits
will apply. Except where required by law to be primary or excess,
any protection provided by us shall be secondary to, and not in
excess of, any applicable insurance available to you, or any other
driver, from any other source, whether primary, excess, secondary
or contingent in any way. If this protection is extended by operation of
law to anyone not permitted by this agreement to drive the car, or to any
person or instance where coverage is not intended to be afforded by this
agreement, the financial responsibility limits of the jurisdiction in which the
accident occurs will apply. You agree that we can provide coverage under a
certificate of self-insurance or an insurance policy, as we choose. In any case,
a copy of the policy and/or certificate will be available for your inspection
at our main office. You understand that unless required by applicable law,
we will not provide (a) coverage for fines, penalties, punitive or exemplary
damages; (b) coverage for bodily injury to you, or your death while not a
driver, or any member of your family or the driver’s family members related
by blood, marriage or adoption residing with you or them; or the drivers
family, or to a fellow employee arising out of or in the course of employment;
(c) defense against any claim, unless we are required to provide primary
protection, but in such event not after the applicable limits of protection
that we furnish are tendered; (d) supplementary no fault, noncompulsory
uninsured or under-insured motorist coverage, and any other optional or
rejectable coverage, and you and we reject all such coverages to the extent
permitted by law. Where any of these coverages are required or implied by
law, the limits shall be the minimum required under applicable statute.
Where permitted by law, you are rejecting uninsured or underinsured
motorist and all optional automobile insurance coverages and under any
policy of insurance or certificate of self-insurance in connection with this
agreement, for you and all other passengers in the car. You understand
that uninsured and underinsured motorist coverage protects you and other
passengers in a car for losses and damages suffered if injury is caused by the
negligence of a driver who does not have any insurance or has insufficient
insurance to pay for losses and damages. There is no coverage in Mexico,
and the car may not be taken into Mexico under any circumstances, unless
special arrangements are made at the renting location for separate Mexican
insurance, where such insurance is available.
23. Additional Liability Insurance (ALI) & Exclusions. If you elect to
purchase ALI, coverage will be provided to you and any authorized driver
under an excess automobile policy issued to Avis. ALI provides protection
for third party automobile claims for the difference between the minimum
financial responsibility limits provided under paragraph 22 above and a
maximum combined single limit of liability of $1,000,000 or $2,000,000
depending on the jurisdiction of rental for bodily injury, death or property
damage for each accident. This coverage is provided under a policy of
excess liability insurance more fully described in the available brochure and
is subject to all of the conditions and limitations described in paragraph 22
above, except that notwithstanding anything contained in this agreement,
the terms of the policy will at all times control. ALI does not apply to
liability for bodily injury or property damage arising out of any
“prohibited use of the car” as described in paragraph 14 of this rental
agreement, all of which are exclusions to ALI. Other exclusions to ALI
are listed in the ALI policy. You understand that you will be charged the rate
per day for a full day even if you don’t have the car for the entire day.
24. Indemnification and Waiver. You shall defend, indemnify, and hold us, our
parent and affiliated companies harmless from all losses, liabilities, damages,
injuries, claims, demands, awards, costs, attorney fees, and other expenses
incurred by us in any manner from this rental transaction or from the use of the
car by you or any person, including claims of, or liabilities to, third parties. You
may present a claim to your insurance carrier for such events or losses; but in any
event, you shall have final responsibility to us for all such losses. You waive any
claim against us for incidental, special or consequential damages in connection
with the rental. If the rental takes place at a location operated by an Avis System
Licensee and a claim relating to this transaction is made against Avis Rent A Car
System, LLC, or its affiliates, that alleges unfair, deceptive or unconscionable
conduct that renting Avis licensee agrees to indemnify and hold Avis Rent A Car
System, LLC, and its affiliates, harmless from and against such claim, including
the related costs and expenses.
25. Property in the Car. We are not responsible for loss of or damage to any
property in or on the car, in any service vehicle, on our premises, or received or
handled by us, regardless of who is at fault. You’ll be responsible to us for claims
by others for loss or damage
26. Currency Conversion. If you use a credit or charge card that is issued by a
financial institution outside of the United States and your charges are billed
to us in a currency other than U.S. Dollars, the full amount of your charges
will be converted to the card account’s billing currency by us unless you have
instructed us not to perform the conversion process on your personal account
profile or submitted a written request in advance to have the currency conversion
performed by your card issuer. Our conversion will be based on a conversion
rate published by Reuters and will incorporate a processing charge no higher
than 3% applied to all amounts relating to this transaction. This charge will
replace the currency conversion processing charge applied by your card issuer.
You understand that your card issuer has a currency conversion process; that you
have chosen not to use your card issuer’s currency conversion process; and that
you will have no recourse against your card issuer with respect to any matter
related to the currency conversion or disclosure thereof.
27. Error in Rental Charges. The charges shown on the return record are not final
and are subject to review. You’ll pay any undercharges and you’ll receive a refund
for any overcharges we discover on review.
28. Collections. If you do not pay all amounts due to us under this agreement upon
demand, including all charges, fees, expenses, fines, penalties, and all matters
associated with the rental of the vehicle including, without limitation, payment
for loss of or damage to the car, rental 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 less (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 recovery, insufficient
funds fees and collection fees (collectively, “Costs”). If the law permits, you
authorize us 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 we 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 Rental Document, 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 we may report such deficiency to an appropriate credit reporting
agency and you also authorize us to share that credit and debit card information
with third party collection agents and further authorize us or our collection agents
to charge any amounts due to us including, but not limited to, the Charges and
Costs referenced above, to that credit or debit card.
29. Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in
any proceeding (including, but not limited to, in an individual arbitration or in
a small claims proceeding), you and Avis agree that we shall give the other party
written notice of the claim to be asserted 30 days before initiating a proceeding
and make a reasonable good faith effort to resolve the claim. If you are intending
to assert a claim against Avis, you must send the written notice of the claim to
Attention: Avis Rent A Car System, LLC, 6 Sylvan Way, Parsippany, New Jersey,
07054 Attn: Legal Department. If Avis is intending to assert a claim against you,
we will send the written notice of the claim to you at your address appearing in
our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS
PREDISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING
AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK
THEREOF). Dispute Resolution: Except as otherwise provided below, in the event
of a dispute that cannot be resolved informally through the pre-dispute resolution
procedure, all disputes between you and Avis arising out of, relating to or in
connection with your rental of a vehicle from Avis and these Rental Terms and
Conditions shall be exclusively settled through binding arbitration through the
American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules
for commercial arbitration. There is no judge or jury in arbitration. Arbitration
procedures are simpler and more limited than rules applicable in court and review
by a court is limited. YOU AND AVIS AGREE THAT ANY SUCH ARBITRATION SHALL
BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED
OR REPRESENTATIVE ACTION. Notwithstanding any provision in these terms to
the contrary, if the class-action waiver in the prior sentence is deemed invalid or
unenforceable, however, neither you nor we are entitled to arbitration. If you are
an individual (instead of, for instance, a partnership, corporation, or other form of
entity or non-natural person), in the event that (1) your claim is less than $10,000,
and (2) you are able to demonstrate that the costs of arbitration will be prohibitive
as compared to costs of litigation, Avis will pay as much of your filing and hearing
fees in connection with the arbitration as the arbitrator deems necessary to prevent
the arbitration from being cost-prohibitive as compared to the cost of litigation.
This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s
award may be entered in any court of competent jurisdiction. Notwithstanding any
provision in these rental terms and conditions to the contrary, we agree that if Avis
seeks to delete or materially modify the agreement to arbitrate from this dispute
resolution provision, any such deletion or material modification will not apply to
any individual claim(s) that you had already provided notice of to Avis. Information
on AAA, its rules and procedures, and how to file an arbitration claim can be found
by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.
Disputes and claims that are within the scope of a small claims court’s authority,
as well as disputes and claims regarding personal injury and/or damage to or loss
of a vehicle related to your Avis rental, are exempt from the foregoing dispute
resolution provision
30. OnStar and Satellite Radio. You acknowledge that the car may be equipped
with the OnStar System, which provides emergency and other services. You
expressly authorize all of those services. You acknowledge that you understand
that OnStar requires the car’s electrical system and equipment, cellular service and
satellite technologies to be available and operating for OnStar to function properly.
Not all OnStar services are available on all cars. OnStar acts as a link to existing
emergency and other service providers. Services are limited by, and neither OnStar
nor Avis is liable for, conditions or services outside their control. Any information
(e.g. navigational route support) provided through OnStar is on an “as is” basis.
OnStar, its service providers and Avis will not be liable to you or any user of OnStar
in connection with the use of such information. You understand and agree that
OnStar may provide law enforcement with all necessary information to enable law
enforcement to locate the car, if you fail to return the car when and where required
under this agreement. You agree to release and hold us, and the OnStar service
providers, harmless for any OnStar system failures. You also agree to limit claims
against OnStar for damages for any losses under any theory to the pro rata portion
of the rate for use of the car for one day. If your rental vehicle has active OnStar
equipment, you understand that your use of the vehicle is subject to the OnStar
Terms and Conditions and Privacy Statement, a current copy of which is available
at www.onstar.com, including system and service limitations, warranty exclusions,
limitations of liability, wireless service provider terms, privacy practices relating to
OnStar’s collection, use and sharing of information about you and the vehicle, and
the application of other relevant provisions including responsibilities you have when
using OnStar services. Further details regarding the OnStar Terms and Conditions
and Privacy Statement are available at OnStar.com. By proceeding to rent the vehicle
and sign this contract, you authorize the provision of OnStar services in accordance
with the OnStar Terms and Conditions and Privacy Statement, and agree to be bound
by the OnStar Terms and Conditions and Privacy Statement. Not every vehicle is
equipped with OnStar and or Satellite Radio. Renters shall not activate any service
and in the event that a renter does activate a service in violation of this provision, the
renter agrees to be completely responsible for the annual subscription fee(s). Some
vehicles in our fleet may have the OnStar and or Satellite Radio equipment however
such equipment may not be active. Unless you are advised that you have a car with
OnStar and or Satellite Radio you will not have access to the systems and you should
not rely upon them or take steps to activate them.
31. GPS by Garmin® At various locations, we may offer for rental a Global Positioning
System for your use. If you rent such a unit you will pay the additional daily charge
shown on the rental document. This unit is not part of the car. You are responsible
for any loss or damage to the unit and its accessories regardless of cause even if you
have accepted LDW. If the unit and/or its accessories are lost or damaged so as to, in
our sole opinion, require repair or replacement, you will pay us its repair or full retail
cost, which may be as much as $499. If you return the unit to a location other than the
renting location without our authorization, you will pay us a fee for that unauthorized
return. We do not use Garmin units to track or locate cars, other than those that are
reported lost or stolen or as may be required by law enforcement agencies.
32. Use of GPS Tracking Devices. We use GPS tracking devices to track or locate cars
which may be reported stolen, suspected of being stolen or as may be required by
law enforcement, or to identify vehicles which have been damaged and may require
roadside assistance, when we a good faith belief that there is an emergency that
poses a threat to the safety of your or another person, or as necessary to defend,
protect or enforce our rights in connection with the use of our products and/or
services. In addition, if equipped and where permitted by law, the GPS device in
the car, in connection with your smart phone, may also be used to process the rental
including when your rental may start, when it may end, the fuel levels in the car and
the mileage on the car.
For a copy of our Privacy Notice please go to www.avis.com/privacy or write to the
Privacy Officer at Avis, 6 Sylvan Way, Parsippany, NJ 07054
© 2015 Avis Rent A Car System, LLC F-131C (1/16)