Ride to the Max Car Rental

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Rental Agreement and TOS

RIDE TO THE MAX CAR RENTAL LLC

Vehicle Rental Agreement - Terms & Conditions

THIS AGREEMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS:

1. NATURE OF RENTAL AND CONDITION OF RENTAL

This is a legal contract for the rental of the Rental Vehicle designated above. Renter must return the Rental Vehicle to the Company's designated location on or before the end of the applicable Rental Period and in substantially the same condition in which the Renter received it, except for ordinary wear and tear. Renter is financially and legally responsible for damage that exceeds normal wear and tear. Normal wear and tear includes: a. Exterior: Minor surface scratches and light scuff marks that do not permanently affect the vehicle's appearance or functionality, minor paint chips smaller than 10mm, and dents up to 25mm in diameter where the paint surface remains intact. b. Interior: Slight wear on seats and carpeting, minor stains, and small scratches on the dashboard or other interior surfaces that are consistent with ordinary use. Any damage beyond ordinary wear and tear may result in charges to the Renter.

2. OWNERSHIP/RENTAL VEHICLE CONDITION/WARRANTY EXCLUSION

Renter acknowledges that the Rental Vehicle, by ownership, beneficial interest, or lease, is the property of the Rental Company or its affiliate, even if owned, registered, or titled to a third party. Renter acknowledges that the Renter received the Rental Vehicle in good physical and mechanical condition and agrees not to alter, modify, remove, disable, or tamper with the Rental Vehicle or any of its components, equipment, accessories, or identifying materials. THE RENTER IS TAKING POSSESSION OF THE RENTAL VEHICLE "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT THE VEHICLE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RENTAL COMPANY EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE RENTAL VEHICLE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

3. GPS TRACKING

The Rental Vehicle is equipped with a mandatory GPS tracking device ("Device") that may monitor the vehicle's speed, location, and other vehicle information for fleet management, security, theft prevention, recovery, and safety purposes. The Device may not be removed, disconnected, disabled, damaged, or tampered with. By renting the Rental Vehicle, Renter acknowledges and consents to the use of GPS tracking technology and agrees that information collected through the Device will be handled in accordance with applicable privacy laws.

4. PAYMENT AND CHARGES

a. Rental Cost and Security Deposit

Renter authorizes Rental Company to collect the applicable Rental Cost and Security Deposit ($250) at the beginning of the Rental Period. Unless otherwise agreed in writing, the Security Deposit may be used to cover additional charges permitted under this Agreement, including damage to the Rental Vehicle, cleaning charges, late fees, retrieval fees, unpaid tolls, tickets, or other amounts owed by the Renter.

b. Weekly Rental Renewal / Payment Due Date

For weekly rentals, the seventh day from the date and time of vehicle pickup is the Renter's renewal/payment date for the next Rental Period. The Renter is responsible for processing the required rental payment on the renewal date. The Renter is provided a 24-hour payment period beginning on the renewal date to complete the required payment. For purposes of this Agreement, the payment period expires at 11:59 PM on the renewal date. If the required payment has not been successfully received by 12:00 AM on the following day, the account will be considered late and a $30 late fee will be applied. Example: If the vehicle is picked up on Saturday and the seventh day/renewal date is Friday, the Renter must complete the renewal payment by 11:59 PM Friday. If payment has not been received by 12:00 AM Saturday, the $30 late fee will apply.

c. Additional 24-Hour Period After Late Fee

Once the $30 late fee has been applied, the Renter has an additional 24 hours to bring the account current, including the overdue rental payment and applicable late fee. If the required payment is not successfully received within that additional 24-hour period, the Rental Company may require immediate return and/or arrange lawful retrieval of the Rental Vehicle, subject to applicable law.

d. Rental Vehicle Retrieval Fee

If the Renter fails or refuses to return the Rental Vehicle when required under this Agreement, or if the Rental Company is required to retrieve the Rental Vehicle because the Renter has failed to make the required payment after the applicable payment and late-payment periods, the Rental Company may arrange for lawful retrieval of the Rental Vehicle. A $130 Rental Vehicle retrieval fee will apply and may be deducted from the Renter's Security Deposit or otherwise charged to the Renter, to the extent permitted by law. The Renter remains responsible for any additional reasonable costs associated with the retrieval, towing, storage, recovery, or return of the Rental Vehicle, to the extent permitted by law.

e. Other Charges

Renter is responsible for paying all charges at or before the conclusion of the Rental Period. This includes, but is not limited to:

  • Rental charges;
  • Applicable mileage charges;
  • E-ZPass or other tolls;
  • Refueling charges;
  • Cleaning charges;
  • Smoking or odor-removal charges;
  • Damage charges;
  • Costs associated with locating or recovering the Rental Vehicle;
  • Late payment fees;
  • Returned-payment fees;
  • Towing and storage;
  • Lost key or key replacement charges;
  • Lost or damaged toll transponders;
  • Replacement costs for damaged or missing parts;
  • Costs associated with unauthorized modifications or removal of vehicle equipment;
  • Costs associated with returning the Rental Vehicle to a different location;
  • Costs associated with returning the Rental Vehicle after the Rental Period; and
  • Other amounts lawfully owed under this Agreement.

f. Early or Late Return

Different rental rates or charges may apply if the Renter returns the Rental Vehicle earlier or later than agreed. An early return does not automatically entitle the Renter to a refund unless otherwise agreed in writing by the Rental Company.

g. Final Audit

All charges are subject to a final audit by the Rental Company. If an error is discovered in a payment or charge, the Rental Company may correct the error using the payment method authorized by the Renter, to the extent permitted by law.

h. Insufficient Payment Method

If the Renter's payment method is insufficient to collect all expenses, costs, fees, or other amounts owed, the Renter must fully compensate the Rental Company within 48 hours using an alternate authorized payment method.

i. Tolls, Parking, and Violations

Renter is liable for all E-ZPass or other tolls, parking citations, fines for toll evasion, traffic violations, and other fines, fees, and penalties assessed against the Renter, Rental Company, or Rental Vehicle during the Rental Period, to the extent permitted by law.

5. AUTHORIZATION TO TRANSFER PAYMENT INFORMATION

Renter expressly authorizes Rental Company or its affiliate, to the extent permitted by applicable law, to provide necessary information to third parties for the purpose of processing payments, collecting amounts owed, or transferring liability for amounts incurred during the Rental Period. This may include the Renter's name, address, payment information, vehicle information, and other information reasonably necessary to process or collect amounts owed, including tolls, fines, violations, processing fees, and other charges.

6. SECURITY DEPOSIT

The Security Deposit is intended to secure the Renter's obligations under this Agreement. The Rental Company may apply the Security Deposit toward lawful charges owed by the Renter, including:

  • Vehicle damage;
  • Excessive cleaning;
  • Smoking or vaping;
  • Missing or damaged equipment;
  • Unpaid rental charges;
  • Late fees;
  • Retrieval fees;
  • Tolls;
  • Parking citations;
  • Traffic violations; and
  • Other amounts properly owed under this Agreement.

After the Rental Vehicle has been returned, inspected, and all reasonably identifiable charges have been determined, any remaining refundable portion of the Security Deposit will be returned within 20 business days, unless otherwise required by applicable law.

7. INSURANCE AND CDI

Renter warrants to Rental Company that Renter possesses comprehensive collision and liability auto insurance covering themselves, any Authorized Additional Driver ("AAD"), other individuals, the Rental Vehicle, other vehicles, and the property of others, as applicable. If the Renter has elected the Rental Company's Collision Damage Insurance ("CDI"), CDI will apply according to the terms, limitations, exclusions, and conditions of the applicable CDI agreement. Collision damage does not include damage to tires, wheels, or windshields; damage to or loss of the Rental Vehicle resulting from vandalism, act of nature, riot or civil disturbance, hail, flood, fire, or other comprehensive loss not caused by collision or upset, except as otherwise specifically provided in the applicable CDI terms. Except as required by law, Rental Company or its affiliate does not provide Personal Injury Protection, No-Fault Benefits, Medical Payment Coverage ("PIP"), or Uninsured/Underinsured Motorist Protection ("UM/UIM") through this Agreement. Renter, AAD, and all other parties seeking benefits under this Agreement agree that any misrepresentation, false statement, misleading information, or refusal to cooperate may result in denial of a related claim to the extent permitted by applicable law.

8. THIRD-PARTY PROCEEDS AND LIMITED POWER OF ATTORNEY

If a third party, including an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter assigns to Rental Company the right to receive such payment. Only amounts actually paid to Rental Company by a third party will reduce the amount owed by Renter. Renter remains responsible for all charges not paid by third parties. To the extent permitted by applicable law, Renter grants Rental Company a limited power of attorney to present insurance claims to Renter's insurance carrier and/or credit card company if the Rental Vehicle is damaged, lost, or stolen during the Rental Period and Renter fails to pay amounts properly owed. The limited power of attorney may also permit Rental Company to endorse Renter's name solely for purposes of receiving insurance, credit card, debit card, or other payments relating to authorized claims, damages, liabilities, or rental charges, to the extent permitted by law.

9. LIABILITY AND INDEMNIFICATION

Renter is responsible for damage, loss, or theft of the Rental Vehicle during the Rental Period to the extent caused by the Renter, an Authorized Additional Driver, or another person permitted to operate the Rental Vehicle by the Renter. Renter agrees to pay for repairs or replacement costs resulting from the Renter's use of the Rental Vehicle, including damage to the Rental Vehicle, damage to another person's property, and injuries to the extent the Renter is legally responsible.

10. AT-FAULT ACCIDENTS/DAMAGE/TOTAL LOSS

In the event of an accident in which the Renter or an Authorized Additional Driver is determined to be at fault, the Renter is responsible for amounts for which the Renter is legally liable arising from damage to the Ride To The Max Rental Vehicle, subject to applicable insurance coverage and the terms of any applicable CDI. This may include reasonable repair costs, towing, storage, loss of use, applicable insurance deductibles, and other amounts legally recoverable. If the Rental Vehicle is determined to be a total loss as a result of an accident for which the Renter or Authorized Additional Driver is legally responsible, the Renter may be responsible for the loss to the extent not covered by applicable insurance or CDI and as permitted by law. Nothing in this section is intended to require the Renter to pay an amount that applicable law prohibits the Rental Company from recovering. Renter agrees to indemnify, defend, and hold harmless the Rental Company from claims, damages, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising out of the Renter's or Authorized Driver's use of the Rental Vehicle to the extent permitted by law. This provision survives termination of this Agreement.

11. ACCIDENTS AND INCIDENT REPORTING

In the event of an accident, theft, vandalism, or any other incident involving the Rental Vehicle, Renter must immediately notify the Rental Company or its designated representative. Renter must immediately contact local law enforcement when required by law or reasonably necessary to document the incident. Renter must take photographs and videos of the accident and damage when it is safe to do so and must complete any Incident Report Form requested by the Rental Company. Renter must promptly provide the Rental Company with any police reports, insurance information, claims correspondence, legal documents, or other materials relating to the incident. Renter agrees to fully cooperate with the Rental Company, law enforcement, insurance companies, and other relevant parties.

12. REQUIRED VEHICLE CONDITION PHOTOS AND VIDEOS

The Renter is required to document the condition of the Rental Vehicle at both pickup and return. At pickup, the Renter must take clear photographs and/or videos showing, at a minimum:

  • The entire exterior of the vehicle;
  • Front, rear, driver side, and passenger side;
  • Wheels and tires;
  • Interior of the vehicle;
  • Dashboard;
  • Current mileage/odometer;
  • Fuel level;
  • Any existing damage;
  • License plate;
  • Vehicle registration; and
  • Any other areas reasonably requested by the Rental Company.

The Renter must retain these photographs and videos for their records. At return, the Renter must complete the same documentation process, including photographs and/or videos showing the exterior, interior, mileage/odometer, fuel level, and condition of the Rental Vehicle. If the Renter returns the Rental Vehicle without providing the required pickup and/or return photographs and videos, the Renter acknowledges that the Renter may be responsible for damage discovered after return where the Renter cannot provide evidence showing that the damage existed before or after the Rental Period. The absence of photographs or videos does not, by itself, determine liability where applicable law requires additional proof.

13. PROHIBITED USE OF THE RENTAL VEHICLE

The Renter agrees that neither the Renter nor an Authorized Additional Driver will: a. Use the Rental Vehicle for commercial purposes or to carry persons or property for hire, as a school bus, or for driver training or testing, unless expressly authorized in writing; b. Transport children without approved child safety seats as required by law; c. Transport an animal other than a service animal as defined by applicable law; d. Allow anyone to operate the Rental Vehicle other than the Renter and an authorized AAD; e. Assign or transfer this Rental Agreement or sublease the Rental Vehicle; f. Operate the Rental Vehicle under the influence of alcohol, controlled substances, or any prescription or non-prescription medication that makes operation unsafe or unlawful; g. Smoke, vape, or use tobacco products inside the Rental Vehicle; h. Store or transport explosives, chemicals, corrosives, hazardous materials, pollutants, or other prohibited substances; i. Operate the Rental Vehicle in violation of any law or for an illegal purpose; j. Use the Rental Vehicle to push or tow another vehicle; k. Except in an emergency, use the Rental Vehicle on anything other than a paved public highway or suitable graded private or public road or driveway; l. Use the Rental Vehicle for racing, speed testing, or competition; m. Operate the Rental Vehicle outside the United States; n. Operate the Rental Vehicle in a negligent, reckless, or willful disregard for safety; or o. Tamper with, disable, remove, disconnect, or interfere with any GPS device, security equipment, vehicle component, registration, identification, or other Company property.

14. NO CUSTOMIZATION, MODIFICATION, OR REMOVAL OF VEHICLE EQUIPMENT

Renter does not have permission to customize, modify, alter, install, remove, replace, disconnect, or otherwise change any portion of the Rental Vehicle. This prohibition includes, but is not limited to:

  • Vehicle wraps or decals;
  • Stickers;
  • Tinting;
  • Aftermarket parts;
  • Interior modifications;
  • Exterior modifications;
  • Audio equipment;
  • Lighting;
  • Cameras;
  • GPS or tracking equipment;
  • Registration materials;
  • Company identification;
  • Accessories;
  • Seats or seat components; and
  • Any other equipment or property belonging to the Rental Company.

Renter may not remove any item or equipment belonging to the Rental Company from the Rental Vehicle. If the Renter makes an unauthorized modification or removes Company property, the Renter may be charged a $250 unauthorized modification/removal fee, in addition to the reasonable cost of restoring, replacing, repairing, or reinstalling the affected item or equipment, to the extent permitted by law.

15. CLEANING AND EXCESSIVE DIRT

The Rental Vehicle must be returned in reasonably clean condition. Normal use may result in minor dirt or ordinary debris. However, if the Rental Vehicle is returned with dirt, mud, food, stains, debris, or other conditions that require cleaning beyond ordinary routine cleaning, a $20 cleaning fee may be charged. The $20 standard cleaning fee applies to minor-to-moderate excessive dirt beyond normal use. Additional cleaning, detailing, odor removal, smoke removal, stain removal, or restoration charges may apply when the condition of the Rental Vehicle requires services beyond standard cleaning.

16. SMOKING AND VAPING

Smoking, vaping, and use of tobacco products inside the Rental Vehicle are prohibited. A $250 smoking/odor-removal fee may be charged if smoking, vaping, or tobacco use results in smoke odor, residue, burns, stains, or other related damage or cleaning requirements. Additional repair or restoration costs may apply where necessary.

17. PERSONAL PROPERTY

The Rental Company is not responsible for damage to, loss of, or theft of personal property or data contained in or left in the Rental Vehicle, whether such loss occurs during or after termination of the rental. Renter is responsible for removing all personal belongings from the Rental Vehicle before returning it. If personal property is left inside the Rental Vehicle, Renter should contact the Rental Company as soon as possible. The Renter has 3 calendar days from the vehicle's return or recovery to arrange retrieval of personal belongings. After the 3-day period, the Rental Company may handle abandoned property in accordance with applicable law.

18. PAYMENT INFORMATION / USE OF ANOTHER PERSON'S PAYMENT INFORMATION

Renter agrees that all payment information provided to Rental Company must be truthful, accurate, and belong to the Renter or be used with the lawful authorization of the payment-account holder. Renter must not knowingly provide another person's banking, debit card, credit card, or other financial information without authorization. If Renter uses another person's payment information without authorization, Renter remains responsible for all rental charges, fees, damages, losses, chargebacks, and other amounts owed under this Agreement. Where permitted by law, the Renter may also be charged a $250 payment-information inconvenience/administrative fee arising from unauthorized use of another person's payment information, in addition to any amounts necessary to reimburse the Rental Company for losses caused by the unauthorized transaction. The Rental Company reserves the right to suspend or terminate the rental if payment information is determined to be fraudulent, unauthorized, disputed, or otherwise unreliable.

19. TOLLS, PARKING CITATIONS, AND TRAFFIC VIOLATIONS

Renter is responsible for all tolls, parking citations, traffic violations, camera violations, fines, penalties, towing charges, and related fees incurred during the Renter's possession of the Rental Vehicle. Renter agrees to cooperate with the Rental Company in identifying the responsible driver when necessary.

20. DISPUTES AND GOVERNING LAW

If a dispute arises from this Agreement, the Parties agree to first seek resolution through mediation for a period of 30 days before pursuing legal action, unless applicable law permits or requires otherwise. The costs of mediation shall be shared equally between the Parties unless otherwise agreed. The mediation shall occur at a mutually convenient location with a mutually agreed-upon mediator. The laws of the State of New Hampshire, without regard to conflict-of-law principles, govern this Agreement to the extent permitted by applicable law. All terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to applicable New Hampshire law. Any rule of construction relating to interpretation against the drafter of an agreement shall not apply to this Agreement to the extent permitted by law.

21. TERMINATION

a. In the event of a violation of the limits on use, failure to make required payments, unauthorized use, or other material violation of this Agreement, the Rental Company's rights and obligations shall be determined in accordance with applicable law. b. Rental Company may seek lawful recovery of the Rental Vehicle when the Renter's right to possess or operate the Rental Vehicle has ended. c. If the Renter continues to operate or possess the Rental Vehicle after the Renter's authorized rental period has ended or after lawful termination of the Agreement, the Rental Company may take any lawful steps available to recover the Rental Vehicle. d. In the event of termination due to the Renter's breach of this Agreement, the Renter remains responsible for Rental Fees, charges, damages, and other amounts properly owed under this Agreement. e. No refund will be provided for an early termination caused by the Renter's violation of this Agreement, except where required by applicable law.

22. LIMITATION OF REMEDY / NO CONSEQUENTIAL DAMAGES

If Rental Company breaches any of its obligations under this Agreement and/or if the Rental Vehicle experiences a mechanical failure or other failure not caused by the Renter or AAD, and Rental Company is liable under applicable law, Rental Company's liability shall be limited to the remedies required by applicable law. Where commercially and reasonably available, Rental Company may provide a substitute vehicle. Renter and AAD waive claims for consequential, punitive, or incidental damages to the extent such waiver is permitted by applicable law. Renter acknowledges that personal data or information downloaded or transferred to the Rental Vehicle may not be secure and may potentially be accessible after the Rental Period. Renter releases Rental Company from liability resulting from such data or information being accessed or utilized by a third party, except to the extent prohibited by applicable law.

23. ENTIRE AGREEMENT

This Agreement represents the complete understanding between the Parties regarding the subject matter herein and supersedes all prior agreements, proposals, representations, and other understandings, whether oral or written. No changes or modifications to this Agreement shall be valid unless made in writing and signed or otherwise electronically accepted by the appropriate parties. A waiver by either Party of a breach of any provision of this Agreement shall not be interpreted as a waiver of any subsequent breach.

24. SEVERABILITY

If any provision of this Agreement is determined to be unlawful, contrary to public policy, void, or unenforceable, all remaining provisions shall continue in full force and effect to the extent permitted by law, provided that the material purpose of the Agreement remains intact.