Last Updated: October 26, 2023
This Rental Agreement constitutes a contract between you (the “Renter”) and TADS Mobility (“we,” “us,” or “our”). By renting a vehicle from us, you agree to be bound by the following terms and conditions.
1. Definitions
Agreement: Refers to all terms and conditions found in this document.
You/Your: The person identified as the customer, any person signing this Agreement, any Authorized Driver, and any person or organization to whom charges are billed. All are jointly and severally bound by this Agreement.
We/Our/Us: The business named in this agreement, TADS Mobility.
Authorized Driver/Renter: The primary renter and any additional driver listed on this Agreement, provided they possess a valid driver’s license and are at least 25 years of age. Only Authorized Drivers may operate the Vehicle.
Vehicle: The automobile identified in this Agreement and any substitute vehicle, including all its tires, tools, accessories, equipment, keys, and documents.
CDW: Collision Damage Waiver.
Physical Damage: Damage to or loss of the Vehicle caused by collision or upset. This does not include comprehensive damage (e.g., theft, vandalism, acts of nature, fire, flood) or interior damage (e.g., burns, tears, window damage not caused by collision).
Loss of Use: The loss of our ability to use the Vehicle for any purpose due to damage or loss. This is calculated by multiplying the number of days from the date of the incident until the Vehicle is repaired or replaced by the daily rental rate.
Inspection Form: The damage report signed by you before and after the Rental Period.
2. Rental, Indemnity, and Warranties
This is a contract for the rental of the Vehicle. You are obtaining a bailment that allows you to use the Vehicle as permitted by this Agreement. We may repossess the Vehicle at your expense and without notice if it is abandoned or used in violation of the law or this Agreement.
You agree to indemnify, defend, and hold us harmless from all claims, liability, costs, and attorney fees arising out of this rental and your use of the Vehicle.
We make no warranties, express, implied, or apparent, regarding the Vehicle. There is no warranty of merchantability or that the Vehicle is fit for a particular purpose.
3. Condition and Return of Vehicle
You must return the Vehicle to the contracted location on the specified date and time, in the same condition you received it, except for ordinary wear. If you return the Vehicle after closing hours, you remain responsible for its safety and any damage or loss until we inspect it on the next business day. Any service or replacement of parts must have our prior approval.
Tires: Flat or damaged tires during the rental period are the Renter’s responsibility.
Fluids: You must check and maintain all fluid levels.
Security: The Vehicle must always be parked in a secure area with the top and all windows closed.
4. Responsibility for Damage or Loss; Reporting to Police
You are responsible for all loss, theft, or damage to the Vehicle. This includes the cost of repair or the Vehicle’s actual cash retail value, plus loss of use, diminished value, and administrative expenses. You must report all accidents, theft, or vandalism to us and the police immediately. If the Vehicle breaks down, you must contact us. Vehicle replacement is subject to availability and location and is not guaranteed.
5. Collision Damage Waiver (CDW)
If you purchase CDW, we will waive our right to collect from you for a portion of Physical Damage to the Vehicle. We will NOT waive this right if damage to the Vehicle:
Is caused by an unauthorized driver or a driver with a suspended license.
Is caused by a driver under the influence of drugs or alcohol.
Is caused by anyone who obtained the Vehicle using false information.
Occurs while the Vehicle is used for any illegal purpose.
Occurs while carrying persons or property for hire, towing, racing, or speed testing.
Occurs while teaching someone to drive.
Occurs while carrying dangerous, hazardous, or illegal materials.
Occurs outside the permitted geographic locations.
Occurs while the Vehicle is loaded beyond its capacity or has more passengers than seatbelts.
Results from driving on unpaved roads.
Occurs when the odometer has been tampered with.
Results from operating the Vehicle when fluid levels are low or when further operation would cause damage.
Is a result of your willful, wanton, or reckless acts.
Occurs and you fail to summon the police to an accident involving personal injury or property damage.
Is caused by an animal transported in the Vehicle.
6. Insurance
You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision, and comprehensive insurance covering you, us, and the Vehicle. Your insurance shall be primary. Where state law requires, we provide secondary auto liability insurance at the minimum prescribed levels. We reject PIP, medical payments, no-fault, and uninsured/under-insured motorist coverage where permitted by law.
7. Charges
Charges will continue to accrue until the Vehicle is returned to us. You agree to pay us on demand for all charges, including but not limited to:
(a) Time and mileage charges.
(b) Charges for additional drivers and optional services.
(c) Fuel, if the Vehicle is returned with less fuel than when rented.
(d) All applicable taxes.
(e) All parking, traffic, and toll violations, fines, penalties, court costs, towing, and impound charges.
(f) Vehicle recovery costs if you fail to return the Vehicle.
(g) All costs, including attorney fees, we incur collecting payment from you.
(h) A late payment fee of 2% per month (or the maximum allowed by law) on past-due amounts.
(i) A fee of $50 (or the maximum allowed by law) for any returned checks.
(j) A cleaning fee up to $350 if the Vehicle is returned substantially less clean than when rented.
8. Deposit
We may use your deposit to pay any amounts owed to us under this Agreement.
9. Your Property
You release us, our agents, and employees from all claims for loss of or damage to your personal property left or carried in or on the Vehicle, in any service vehicle, or in our offices.
10. Breach of Agreement
The acts listed in paragraph 5 are prohibited uses and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that arise from your breach of this Agreement.
11. Modifications
No term of this Agreement can be waived or modified except in a writing signed by us. To extend the rental period, you must return the Vehicle to our office for inspection and a written amendment. This document constitutes the entire agreement between you and us.
12. Passenger Capacity
The passenger capacity is determined by the number of seatbelts and must not be exceeded. All passengers must fasten their seatbelts as required by law.
13. Miscellaneous
A waiver by us of any breach is not a waiver of any future breach. You release us from any liability for consequential, special, or punitive damages. If any provision of this Agreement is deemed void, the remaining provisions remain valid and enforceable.