THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED BY YOU ELECTRONICALLY, WHICH BOTH YOU AND OCHS RENTA CAR LLC AGREE SHALL BESHALL BE TREATED AS AN ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT ("THIS AGREEMENT") FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL IF ITS PARTS ("CAR"). THIS AGREEMENTIS BETWEEN YOU AND OCHS RENTA CAR LLC WHICH IS IDENTIFIRED ON THE RENTAL RECORD
1. NATURE OF THIS AGREEMENT
You are obtaining solely a bailment that allows You to use the car as permitted by this Agreement. You acknowledge that the Car is owned by Ochs Rent A Car LLC. No one other than Ochs may transfer the Car or any rights or obligations under this agreement. Any attempted transfer or sublease of the Car by anyone other than Ochs Rent A Car LLC is void. Neither You nor any Authorized Operators are agents of Ochs. No one may service or repair the Car without Ochs's prior express approval. OCHS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.
2. WHO MAY OPERATE THE CAR
Only You and the following persons, with Your permission ("Authorized Operators"), may operate the Car: (a) Any person who meets Ochs 's qualifications and who signs an Additional Authorized Operator form at the time of the rental or who is authorized under Your Ochs Business account. All authorized must be at least 19 years old (an Age Differential charge may apply for ages 19-24) and must have a valid driver’s license from a jurisdiction acceptable to Ochs, except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purpose hereof, an "emergency" shall mean urgent circumstances which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver, With respect to persons who must sign an Additional Authorized Driver, other qualifications may, at Ochs's discretion, be in effect at the time and place of rental and, where permitted by law, Ochs may impose an additional fee for such persons. By operating the Car (weather or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car.
ORDINARY WEAR DUE TO REASONABLE USE EXPECTED, YOU MUST RETURN THE CAR TO OCHS IN THE SAME CONDITION IT IS IN WHEN YOU RECIEVE IT. IF YOU EXCEED 3500 MILES DRIVEN IN A 30 DAY PERIOD YOUR RENTAL PRIVILEGES MAY BE REVOKED DUE TO EXCESSIVE WEAR AND TEAR. YOU MUST RETURN THE CAR TO OCHS NY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, OR SOONER IF DEMANDED BY OCHS, IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN 30 DAYS. IF YOU FAIL TO RETURN THE CAR BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD OR CALL OCHS TO EXTENED THE RENTAL AN OVERDUE ADMIN FEE WILL BE CHARGED FOR EACH OCCURANCE. THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL OCHS HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL OCHS HAS INSPECTED AND ACCEPTED IT. (B) TIME CHARGES, CHARGES FOR LDW, LLDW AND ANY OTHER CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGESWHICH ARE STATEDON THE RENTAL RECORD AS A PERIODIC RATE, MAY CONTIUE TO ACCRUE UNTIL THE RETURN LOCATIONS REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGGREEMENT, THEN AFTER OCHS SENDS YOU A WRITTEN DEMAND TO RETURN IT TO THE ADDRESS SHOWN ON THE RENTAL AGREEMENT OR OTHERWISE PROVIDED TO OCHS, OCHS MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDOND, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5, THEN OCHS MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITED BY LAW. YOU WAIVE ANY RIFHT TO A HEARING OR TO RECIEVE ANY NOTICE OR LEGAL PROCESS AS A PRE-CONDITION FOR OCHS RECOVERING THE CAR. THE CAR MAY BE EQUIPED WITH GLOBAL POSITIONING TECHNOLOGY, OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS OCHS TO TRACK OR OTHERWISE LOCATE THE CAR AND PRIVACY IS NOT GUARANTEED. THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE OCHS' USE OF THE TECHNOLOGY INCLUDED IN THE CAR, INCLUDING TO TRACK THE LOCATION OF THE CAR, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR. UPON RETURN, OCHS MAY CHARGE YOU AN ADDITIONAL FEE TO HAVE THE CAR CLEANED.
4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL DAMAGE WAIVERS
A. EXCEPT AS STATE BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO COLLISION,ROLLOVER,THEFT,VANDALISM,SEIZURE,FIRE,FLOOD,HAIL OR OTHER ACTS OF NATURE OR GOD,REGARDLESS OF FAULT.
B: EXCEOT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL MARKET CLEAN VALUE OF THE CAR OR THE MANUFATURES BUY BACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINISHED VALUE OF THE CAR AS DETERMINED BY OCHS, AN ADMINISTRATIVE CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE. AS MORE GENERALLY PROVIDED IN PARAGRAPH 6, OCHS MAY, WHERE PERMITED BY APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT CARD FOR THESE LOSSES, COST AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES AT ANY TIME DETERMINED BY OCHS.
YOUR RESPONSIBILITY MAY ALSO BE LIMITED IN OTHER JURISDICTIONS.
C: IF YOU HAVE ACCEPTED THE OPTIONAL LOSS DAMAGE WAVIER (“LDW”), WHICH IS NOT INSURANCE, OCHS WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e). IF YOU HAVE ACCEPTED THE OPTIONAL LIMITED LOSS DAMAGE WAIVER (“LLDW”), WHICH IS NOT INSURANCE AND WHICH IS NOT AVAILABLE FOR ALL RENTALS, OCHS WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, EXCEPT AS DESCRIBED IN SUBPARAGRAOH 4(e), UP TO AN EQUAL TO THE LESSER OF $1,000 AND ANY DEDUCTIBLE UNDER YOUR OWN AUTOMOBILE INSURANCE THAT APPLIES TO THE DAMAGES SUSTAINED BY THE CAR. IF YOU ACCEPT PDW, YOUR INDURER WILL BE BILLED FOR THE FULL AMOUNT OF THE LOSS; ONLY THE APPLICABLE DEDUCTIBLE UNDER YOUR POLICY (UP TO $1,000) IS WAIVED AFTER THE LOSS IS PAID.
PURCHASE OF LDW OR LLDW, WHICH ENTAILS AN ADDITIONAL DAILY CHARGE, IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. THE CHARGE FOR LDW IS BASED ON THE CAR RENTAL, WHICH MAY NOT BE THE SAME AS THE CAR RESERVED. YOU AGREE TO REVIEW THE DAILY CHARGE FOR LDW OR LLDW AND THE ESTIMATED TOTAL CHARFE FOR LDW OR LLDW FOR YOUR RENTAL PRIOR TO ACCEPTING LDW OR LLDW. YOUR OWN INSURANCE (OR THAT OF AN AUTHERIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBLTY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OF OR DAMANGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW OR LLDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AFFORDS COVERAGE FOR LOSS OF OR DAMAGE TO A RENTED VEHICLE, AND, IF SO, THER TERMS AND SCOPE OF SUCH COVERAGE, INCULDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT PREGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE.
e. USE OF THE CAR IN A MANNER PROHIBATED IN PARAGROH 5 WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIOD LDW OR LLDW AND CAUSE YOU TO BE RESPONSIBEL FOR LOSS OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE.
f. YOU GRANT OCHS A LIMITED POWER OF ATTORNEY TO PRESENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER OR ANY OTHER APPLICABLE THIRD PARTY.
5. PROHIBITED USE OF THE CAR
NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY: a PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; b. INTENTIONALLY DESTROY, DAMAGE OR SID IN THE THEFT OF THE CAR; c. TAKE OR ATTEMPT TO TAKE THE CAR INTO MEXICO OR TO ANYWHERE ELSE OUTSIDE OF THE UNTIRED STATES OR CANADA, EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT; d.ENGAGE IN ANYWILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE OF THE CAR WHEN OVERLOADED OF CARRYING PASSENGERS IN EXCESS OF THE NUMBER OF SEAT BELTS IN THE CAR, USE OFF PAVED ROADS OR ON ROADS THAT ARE NOT REGULARLY MAINTAINED, REFULING THE CAR WITH THE WRONG TYPE OF FUEL, I.E., DIESEL IN A GASOLINE ENGINE OR GASOLINE IN A DIESEL ENGINE, LEAVINF THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK;
e. USE OF PERMIT THE USE OF THE CAR BY ANYONE:
1) WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OD ALCOHL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFTELY; 2) FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTAION OF PERSONS, DRUGS OR CONTRABAND;3) TO TOW OR PUSH ANYTHING UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY OCHS TO TOW;4) IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION;5) IN DRIVER TRAINING ACTIVITY;6) TO CARRY PERSONS OR PROPERTY FOR HIRE (I.E.’ FOR A CHARGE OR FEE) UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY OCHS;7) IF THE CAR HAS BEEN OBTAINED FORM OCHS BY FRAUD OR MISREPRESENTATION; OR 8) TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSE INCIDENTAL THERETO;
6. PAYMENT OF CHARGES
You and any person, corporation or other entity to whom, with Ochs consent, You expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all Charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check used for payment of Charges that is returned to Ochs unpaid or for any credit, charge, debit/check or stored value/prepaid/gift card charges which are not honored by the card issuer. Payment for all Charges is due at the completion of the rental by a credit card, charge card, debit/check card or other device acceptable to Ochs; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit/check at the commencement of the rental and to agree to permit Ochs to bill charges to that card. By providing a form of payment, You authorize Ochs to perform a check on Your credit and/or other data sources that identify any risk associated with a rental of the Car to You. Ochs may decline to rent based on this information. Stored value/prepaid/gift cards are not, and debit/check cards may not be, accepted to qualify for rental, but both types of cards may be used for payment at return. Charges not known to Ochs at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit/check card presented at the time of the rental, even if another credit, charge or debit/check card or a stored value/prepaid/gift card, was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit/check or stored value/ prepaid/gift card is governed by the terms of Your agreement with the card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OF DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE OCHS TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF RENTAL IN AN AMOUNT THAT MAY BE REATER THAN THE ESTIMATED CHARGES EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT TIME OF RETURN. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY FOR A RENTAL, OCHS WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITES WHICH YOU MY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INSURRED IN CONNECTION WITH THE RETNAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARFES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. OCHS WILL PROCESSS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. Ochs may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge, debit/check or stored value/prepaid/gift card, You authorize Ochs to correct the Charges with the card issuer. Ochs will notify You of any correction.
Ochs may from time to time issue prepaid Vouchers or coupons represented either by documents or by entries in Ochs records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. Vouchers must be submitted at the time that the rental commences. Persons who pay by voucher may be required to pay the amount by which the estimated charges for the rental exceed the value of the Voucher at the commencement of the rental. Restrictions on the use of Vouchers may apply.
7. COMPUTATION OF CHARGES
a. TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTICE 24-HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF THE CALENDERDAY, AS NOTED ON THE RENTAL RECORD. The extra hours’ rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until suck extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT IN INCREASE IF YOU RETURN THE CARE MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 30 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAY CHARGES. As stated in Paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORDS APPLICABLE TO SPECAIL RATES, OCHS OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. b. MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified on the Rental Record. The number of miles driven is determined by subtracting the Car’s odometer reading at the beginning of the rental form the reading when the Car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles driven in excess of the number of miles allowed, as specified on the Rental Record. The result is the Mileage Charge.c.A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented. Any change to Your reservation may impact the rental charges. Rental charges may be higher if You make any change to Your rental, including a change to extend the rental, the drop-off location or return the Car prior to the scheduled return date. d.LDW AND LLDW CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record.
e.TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charges/recovered as and where required or permitted by applicable law.
f. TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE, AND IMPOUNDMENT FEES AND ALL TICKETS CHARGED TO THE CAR, ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorize Ochs to release Your billing/rental information and charge or debit card information or billing account information and information regarding Your rental to American Traffic Solutions, Inc. and PlatePass, LLC, for the exclusive purpose of processing and billing for unpaid toll occurrence and any violations, fines, penalties and fees (and for PlatePass services, if utilized). You also agree to indemnify Ochs and/or American Traffic Solutions, Inc. and PlatePass, LLC, if they pay same. You agree to pay, upon billing, applicable administrative fees related to the cost of paying for such toll occurrences or toll, parking or traffic violations and the cost of providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand Ochs, American Traffic Solutions, Inc. and /or PlatePass, LLC may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and each toll, parking or other citations that You incur during Your rental. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges.
g. RECOVERY EXPENSE consists of all costs of any kind incurred by Ochs in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees, court costs, and an Administrative Fee. h.COLLECTION EXPENSE consists of all cost of any kind incurred by Ochs in collecting Charges from You or the person, corporations or other entity to whom they are billed, including but not limited to all attorneys’ fees and court costs.i.LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Ochs mailing an invoice for such Charges to You or the person, corporation or other entity to whom they are to be billed, such invoice may be mailed either to Your or their address specified at time of rental, or You or their billing address on file with Ochs. j. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Ochs resulting from the use of the Car by You, any Authorized Operator or any other operator with Your his or her permission. K CHARGES FOR ADDITIONAL SERVICES, such as Ochs GPS system and infant toddler car seats, if applicable, will be charges at the applicable rates specified on the Rental Record. Charged for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day. l ANY OTHER CHARGES specified on the Rental Record will be charges at the applicable rates specified on the Rental Record. Any such charges which are stated on the Renal Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day.m.LOST KEYS/ KEYFOBS/ LOCKOUTS If You lose the keys/key fob to the Car, Ochs may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/ key fob (if possible) or towing the Car to the nearest Ochs location. If You lock the keys/ key fob in the Car and request assistance form Ochs, Ochs may charge You for the cost of delivering replacement keys/ key fob (if possible) or towing the Car to the nearest Ochs location. n.Charges will continue to accrue until the Car is returned to Ochs or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to Ochs.
8. REFUELING OPTIONS
Most Ochs rental s come with a full tank of gas, but that is not always the case. The refueling options are:(1) IF YOU DO NOT PURCHASE FUEL FROM OCHS AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE ACAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Ochs a charge for fuel. (2) IF YOU DO NOT PURCHASE FUEL FROM OCHS AT THE BEGINNING OF YOUR RENTAL AND YOU RETUEN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Ochs will charge You a Fuel and Service Charge at the applicable per-mile/kilometer or per-gallon rate specified on the Rental Record. However, for rentals from select locations, if You drive the Car 75 miles or less You will be charges the ≤ 75-mile Fuel and Service Charge at the rate specified on the Rental Record, to the extent permitted by law. (a) The per-mile/kilometer rate is used if You do not buy fuel during the rental. TO calculate this amount, Ochs multiplies the number of miles driven, as shown on the car’s odometer, times the per-mile/kilometer rate shown on the Rental Record. (b) The per-gallon rate is used if You buy fuel during the rental but the tank is not as full when You return the Car as when You received it. To calculate this amount, Ochs multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the per-gallon rate.
ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER-MILE/KILOMETER AND PER-GALLON RATES PRODUCE APPROXIMATELY THE SAME RESULT. (3) IF YOU CHOOSE TO PURCHASE FUEL FORM OCHS AT THE BEGINNING OF YOUR RENTAL BY SELESCTING THE FUEL PURCHASE OPTIONS, You will be charges as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN.
9. RESPONSIBILITY FOR PROPERTY
YOU AGREE THAT OCHS IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OF OMISSIONS, THOSE OF ANY THIRD PARTY OR TO THE EXTENT PERMITTED BY LAW, BY OCHS NEGLGENCE, YOU AND ANY AUTHORIZED OPERATORS HERBY WAIVE ANY CLAIMS AGAINST OCHS, ITS AGENTS, EMPLOYEES OR AFFILIATES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY OCHS VEHICLE OR BROUGHT ON OCHS PREMISES, CASED BY YOU OR ANY AUTHORIZED OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY OCHS NEGLGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD OCHS HARMLESS FROM ANY CLAIN AGAINST OCHS FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT.
10. LIABILITY PROTECTION
THE FOLLOWING SUBPARAGRAPH (a) APPLIES IF THE PROVISIONS OF YOUR CDP NUMBER OR RATE PLAN SHOWN ON THE RENTAL RECORD, IF ANY, OR, IN THE CASE OF A REPLACEMNT RENTAL, THE APPLICABLE CONTACT, IF ANY, BETWEEN OCHS AND THE AUTOMOBILE INSURER WHICH IS RESPONSIBLE FOR DAMAGE TO OR LOSS OF YOUR VEHICLE (A “RESPONSIBLE INSURER”), INCLUDE THE EXTENTTION BY OCHS OF LIABILITY PROTECTIONS. a.WITHIN THE ILIMITS STATED IN THE SUBPRARGRAPH, OCHS WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATOS FORM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATOR’S FAMILY MAMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FORM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNERS’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILTY LAW OF THE JURISDICTION IN WHICH THE ACCIEDENT OCCURS, UNLESS HIGHER LIMITS APPLY FOR THE CDP NUMBER OR RATE PLAN SHOWN ON THE RENTAL RECORD, IF ANY, OR, IN THE CASE OF A REPLACEMENT RENTAL, THE APPLICABLE CONTACT BETWEEN OCHS AND THE RESPONSIBLE INSUREER, IF ANY. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INCOLVED IN AND ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIRMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NOT FAULT” OR ANY OTHER OPTIONAL COVERAGE. OCHS HAS, AS THE INSURED, WAIVED AND REJECTED THE INCLUSION OF ANY SUCH COVERAGE. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. Ochs warrants that the protection described in the subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have. TO THE EXTENT PERMITTED BY LAW, OCHS DEFENSE OBLIGATION TO YOU OR ANY AUTHORIZED OPERATOR HERE UNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED. b.YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD OCHS, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIN, DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPERNSE OF ANY KIND (A “LOSS”) IN EXCESS OF THE LIMITS STATED HEREIN OR BEYOND THE SCOPE OF THE PROTECTION PROVIDED FOR HEREIN, IF ANY , ARISING FROM THE USE OF POSSESSIONS OF THE CAR BY YOU, ANY AUTHORIZED OPERATOR OR ANY OTHER OPERATORS(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY OCHS TO ENFORCE ANY OF ITS RIGHTS HEREUNDER, UNLESS SUCH LOSS ARISES OUT OF OCHS SOLE NEGLIGENCE. c.The Car may not be driven into Mexico or Canada without first obtaining, specific written permission from Ochs, which permission may be withheld in Ochs sole discretion. If permitted, You must first obtain though Ochs insurance valid in Mexico and Canada. Ochs does not provide any liability protection with this Agreement while a Car is in Mexico or Canada.
11. ACCIDENTS, THEFT AND VANDALISM
You must promptly and properly report and accident, theft or vandalism involving the Car to Ochs and to the police in the jurisdiction in which such incident takes place. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Ochs. You and any Authorized Operators must cooperate fully with Ochs investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VIOD ALL LIAILITY PROTECTION, LWD AND LLDW. You and any Authorized Operators authorize Ochs to obtain any records or information relating to any incident, irrevocably and unconditionally consent and submit to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.
12. LIMITS ON LIABILITY
a. Ochs will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this agreement.
b. You understand and agree that it is improper for You to file a lawsuit concerning this Agreement against any entity other than Ochs.
14. WAIVER OR CHANGE OF TERMS/GOVERNING LAW
a. No term of this Agreement may be waiver or changed except but a writing signed by an expressly authorized representative of Ochs. Rental representatives are not authorized to waive or change any term of this Agreement. b.This Agreement shall be governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of laws rules thereof, and You irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. c.If any provision of this Agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted in modification is impossible, and shall not affect the remainder of this Agreement, which shall continue in full force and effect. If any provision of this Agreement is held to be so broad as to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).
15. PAYMENTS TO INTERMEDIARIES
If you arranged for this rental through a travel agent, Internet travel site, broker or other intermediary acting on Your behalf, Ochs or an affiliate of Ochs licensor may have paid commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with Ochs or the overall volume of business that party books with affiliated and licensees of Ochs licensor. For details on such compensation, You should contact that party.
16. ARBITRATION AND CLASS ACTION WAIVER
ARBITRATION PROVISION: THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON ANY INDIVIDUAL BASIS, RATHER THAN JUSRY TRAILS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THE ARBITRATION PROVISION.
Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR INA SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND OCHS EACH WAIVE THE RIGHT TO TRAIL BY JURY OR TO PARTICIPATE IN A CLASS ACTIOIN, EITHER AS A CLASS REPRESENTATE OF CLASS MEMBER. You and Ochs remain free to bring any issues to the attention of government agencies.
This Arbitration Provision’s scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S. C. §§ 1 et seq.
In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope, or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise.
The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”). You can obtain the Rules at HYPERLINK http://www.adr.org www.adr.org
You or Ochs may commence and arbitration by providing a written demand for arbitration to the other (to Ochs, 712 N Kings highway, Perryville MO, 63775 Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10’000 or less through arbitration, Ochs will reimburse You for any AAA required filing fee.
The arbitrator may award injunctive relief as well as money, but only favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitral award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class action.
IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY OCHS IN WRITING WITHIN 30 DYAS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING OCHS AT HYPERLINK “ firstname.lastname@example.org” OR BY MAIL TO Ochs, 712 N Kings highway, Perryville MO, 63775 Attn: Arbitration. Include Your name, address, the number at the top of the Rental Record, and a clear statement that You do not agree to this Arbitration Provision. If You have previously notified Ochs of Your decision to opt out of arbitration, You do not need to do so again.
SUMMARY OF OPTIONAL SERVICES
THIS IS A SUMMARY ONLY AND IS SUJECT TO ALL OF THE PROVISIONS, LIMITATIONS AND EXCEPTIOINS OF THE APPLICABLE LIABILITY INSURANCE SUPPLEMENT, UNINSURED MOTORIST PROTECTION, PERSONAL ACCIDENT AND PERSONAL EFFECTS AND EMERGENCY SICKNESS PROTECTION INSURANCE POLICIES (WHICH ARE AVAILABLE FOR INSPECION UPON REQUEST), AND THIS AGREEMENT. FOR INFORMATION REGARDING THE OPTIONAL LOSS DANAGE WAIVER, WHICH IS NOT INSURANCE, SEE SUBPRAGRAPHS 4(d), 4(e), and 7(d).