Terms & Conditions
VEHICLE RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)
SUMMARY: This document contains the rental Terms & Conditions for Overland Discovery, LLC
- Definitions. “Agreement” means these Terms & Conditions, the face page, any addenda and any additional materials that we provide and that you sign at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization whom the renter direct us to bill charges to. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” means Overland Discovery, LLC. “Authorized Driver” means the renter and any additional driver listed on this Agreement provided that each such person has a valid driver’s license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle. “Vehicle” means the motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys, and vehicle documents. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to damage or loss during this rental, including, without limitation, use for rent, display, sale, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by us or on our behalf, in our sole discretion. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is checked in by us.
- Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify and defend us from all claims, liability, costs, and attorney fees we incur resulting from, or arising out of, this Agreement or your use of the Vehicle or our repossession of it. We reserve the right to substitute the Vehicle with another vehicle subject to availability. We will endeavor to provide a substitute vehicle of equal or greater value. If we are required to substitute a vehicle of lesser value, you will be credited for the difference in fees. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR APPARENT, REGARDING THE VEHICLE OR EQUIPMENT INCLUDED WITH THE VEHICLE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must check and maintain all fluid levels and return the Vehicle with at least the same amount and quality of fuel as when rented.
- Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god, terrain conditions, or by any other manner. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine, in our sole discretion, that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: the greater of (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is a reasonable estimate of costs incurred by us and not a penalty: $0‐ $250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges, and other reasonable incidental and consequential damages; and(e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
- Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be used:(a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of a prescription or non‐prescription drug, intoxicant, or alcohol; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent, or misleading information, or who withheld information that would have caused us not to rent the Vehicle, in our sole discretion; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle that are not already on the roof of the vehicle at the time of rental; (g) in any race, speed test, or contest; (h) to carry dangerous or hazardous items or illegal material; (i) outside the United States, Canada, or the geographic area indicated in this Agreement if otherwise specified; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on any roads other than primary highways, secondary highways, or light duty roads as are classified by the United States Geological Survey and, for the avoidance of doubt on any unimproved roads, 4WD roads, “off-roading” areas; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; (r) to transport an animal without an executed pet addendum; (s) in or through a structure of an underpass, gas station, drive‐through, or other object where there is insufficient clearance (width or height); (t) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (u) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials or instructions that we provide to you at the time of rental. Sitting, standing, or lying on the roof of the Vehicle and smoking in the Vehicle also are prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).
- Optional Equipment. We offer certain optional equipment, including, without limitation, navigational systems, kitchen and linen packages, and rooftop tents upon request and subject to availability for your use during the rental at an additional charge. All optional equipment is rented AS IS and must be returned to us at the end of the Rental Period in the same condition as when rented. If you use a child safety seat, you must inspect and install the child seat into the Vehicle yourself. We expressly disclaim all representations and warranties regarding the sufficiency or suitability of any child seat used with the Vehicle. If you rent a GPS device, you should review the operational instructions before leaving the rental location.
- Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You must provide us with proof of insurance indicating that you have primary motor vehicle liability, collision, and comprehensive insurance covering you, us, and the Vehicle. You represent and warrant that your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state or states you are traveling within where a loss may occur. We also provide an insurance policy (“Policy”) that provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Personal injury protection, medical payments, no‐fault, uninsured, or under‐insured motorist coverage under the Policy will be for the minimum limits required by applicable law. You must promptly: (a) report all damage to us, and all accidents to us and the police and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if the Vehicle is driven by anyone other than an Authorized Driver, you otherwise materially breach this Agreement, you fail to cooperate in a loss investigation ,or you fail to file a timely and accurate incident report.
- Charges and Costs. You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated Charges. We may use the Reserve or Deposit to pay all or any portion of the Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your Rental Period. Your credit/debit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. You will pay us, or the appropriate government authorities, at or before conclusion of the Rental Period, or on demand, all Charges, including, without limitation: (a) base rental rate for the Rental Period; (b) vehicle licensing fees; (c) excess mileage fee if applicable; (d) charges for additional drivers; (e) optional products and services you purchased or rented; (f) fuel, if you return the Vehicle with less fuel than when rented; (g) applicable taxes and surcharges; (h) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (i) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (j) a reasonable fee not to exceed $500 to clean the Vehicle if returned substantially less clean than when rented; (k) a fee of up to $500 if you lose the keys to the Vehicle; (l) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle; (m) standard rates, which may be substantially higher than the rates for the initially agreed Rental Period if a special or promotional rate was applied, for each day (or partial day) after the due-in date if you do not return the Vehicle on the date and time due; and (n) replacement cost of lost or damaged parts and supplies used in optional equipment included with the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
- Mileage Fees. Your rental includes an allowance of miles equal to 100 miles times the number of nights in your Rental Period (“Aggregated Included Miles”). For miles in excess of the Aggregate Included Miles, you will be charged tiered fees as provided in the table below. You will be charged for any excess mileage fees after our inspection of the Vehicle and we may deduct any excess mileage fees from your Reserve or Deposit. The following example illustrates how excess miles will be charged if incurred: A 5 night Rental Period will include 500 miles, the next 500 miles (501-1000 total miles) will be billed at $0.35/mile, then the next 500 miles (1001-1500 total miles) will be billed at $0.79/mile, and any miles in excess of 1500 total miles will be billed at $1.25/mile.
- Your Property. You release us, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled, stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
- Pet Fee. If you would like to bring a small dog (less than 40 pounds) into the Vehicle you must request a pet addendum from us in writing prior to your pick up of the Vehicle. If approved, in our sole discretion, we will provide you with the pet addendum containing the terms and conditions by which your pet may accompany you in the Vehicle. Absent an executed pet addendum and payment of a non-refundable fee, no pets are allowed in the Vehicle. Prior to returning the Vehicle, you must remove all evidence that your pet was ever in the Vehicle. If any evidence is found that a pet was in the Vehicle, you will be responsible for payment of a $500 flat fee for additional cleaning, sanitizing, and fumigation services.
- Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls, parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.
- Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours through no fault of your own, our liability to you is limited to the daily rental rate times the number of days the Vehicle is inoperable. If certain equipment included with the Vehicle e.g. the fridge, water system, or television, becomes inoperable for more than 24 hours through no fault of your own and we are unable to timely fix the equipment, we may apply a discount to your final bill of up to $100 for each piece of inoperable equipment in our sole discretion.
- Orientation. You acknowledge and agree that you have watched all orientation videos and read all orientation materials provided by us for the Vehicle and any included equipment and that you understand how to properly operate the Vehicle and any included equipment. You will be liable for damages to the Vehicle or any included equipment caused by improper use.
- Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
- Limitation of Liability. UNLESS PROHIBITED BY LAW, YOU RELEASE US FROM ANY LIABILITY FOR (1) PERSONAL INJURIES THAT OCCUR IN CONNECTION WITH YOUR RENTAL AND ANY ACTIVITIES YOU PERFORM DURING THE RENTAL PERIOD WHETHER OR NOT RECOMMENDED BY US, OUR EMPLOYEES, OR OUR CONTRACTORS, AND (2) ANY CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS RENTAL OR THE RESERVATION OF THE VEHICLE.
- Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts located in that jurisdiction.
- Electronic Signature. Electronic signatures included in this Agreement are intended to authenticate this writing and have the same force and effect as manual signatures. Delivery of a copy of this Agreement or any other document contemplated hereby bearing an original or electronic signature by facsimile transmission, by electronic mail in “portable document format” (.pdf) form, or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document, will have the same effect as physical delivery of the paper document bearing an original or electronic signature.
Modified October 2021