THESE TERMS AND CONDITIONS CONTAIN A
BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS
ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
1. The Rental Agreement. These Rental Terms and Conditions, the rental document you receive
when you are given access to the car you are renting (the "Rental
Contract") any additional agreement signed by you, any documents or
agreements (or links to on-line documents or agreements) sent to you
electronically in connection with your rental), the Privacy Notice, and the
return receipt or record (the "Rental Receipt") with computed rental
charges together constitute the
"Rental Agreement" between yourself and Premier Performance, a.k.a.
Parts Evolved Inc., which will be described as (“Parts Evolved”) for the
remainder of this document.
2. Your Rental. You rent from Parts Evolved the car described on the Rental
Contract, which rental is solely a transfer of possession and not of ownership.
You agree to the terms in the Rental Agreement 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 Parts Evolved. You also agree that you
are not our agent for any purpose; and that you cannot assign delegate or
transfer your obligations under the Rental Agreement and any discrete part
thereof.
3. Changes.
Any change in the Rental Agreement or our rights must be in writing and signed
by an authorized Parts Evolved officer. You further agree that we have the
unilateral right to change these Terms and Conditions from time to time either
upon written notice to you, in paper or electronic form, or upon our posting
such changes on the Parts Evolved web site.
Such changes will apply to rentals that you reserve after such notice
has been given, as indicated by the date of such notice, if sent in written
form, or the date such changes are posted on the Parts Evolved web site, which
date will be indicated therein, without any requirement by you to sign the
changed Terms and Conditions. Changes to
these Terms and Conditions will be posted as they occur on the Parts Evolved
web site at www.partsevolved.com and will govern all rentals commencing after
posting even if the terms provided at time of reserving the rental car are
different.
4. Meaning of Car. The word “car” in the Rental Agreement means the vehicle rented to
you or its replacement and includes tires, tools, keys, key fobs, equipment,
included and optional accessories, plates, documents, and any other products or
property provided by Parts Evolved with the vehicle and separately rented to
you by Parts Evolved unless otherwise explicitly specified in the Rental
Agreement.
5. Who May Drive The Car. Unless we specifically agree to allow an additional Permitted
Driver, in writing, prior to signing the rental agreement, only you may drive
the car. You represent to Parts Evolved that you are a capable and validly licensed
driver and will remain a capable and validly licensed driver throughout the
term of your rental. You agree that we have the right to verify that your
license has been validly issued and is in good standing (not suspended, revoked
or otherwise restricted in any way) as a condition precedent to each rental;
and that we may in our sole discretion refuse to rent to you if your license is
not in good standing. We reserve the right to deny rentals based upon (i)
information about your license status, (ii) authenticity of your driver's
license or other credentials, (iii) the inability to verify your identity or
payment methods, (iv) your driving record provided by the Motor Vehicle
Department of the jurisdiction that issued your license, or (v) any other information
received from any other source in the business of validating an identity or the
driver's license credential that we believe to be reliable. We reserve the
right to validate your driving credentials and license good standing
periodically without notice to you except as required by law. Any Permitted
Driver must be at least 25 years old and must also be a capable and validly
licensed driver at all times during which such person is operating the
car. Any person other than you or a
Permitted Driver that operates the car must sign an additional driver form at
the time of the rental. We may charge for each additional driver authorized to
drive the car, which will be specified on the Rental Contract. You acknowledge
that you will remain financially responsible under the Rental Agreement at all
times even if the car is operated by a Permitted Driver or someone other than
yourself.
6. Return of the Car. You agree to return the car to us in the same condition you
received it, on the date, at the time and to the location specified in the
Rental Contract. You must return it sooner on our demand. If you return it
earlier or later, a different or higher rental rate may apply and, if returned
later, you may also be charged a late return fee. You may not return the car
outside of the return location's operating hours unless specifically allowed by
that location. If you do, your
responsibility for damage to or loss of the car will continue, and all charges
stated on the Rental Contract as a periodic rate will continue to accrue until
the return location reopens and we process the return of the car. Operating
hours vary by location. If we do not find the car when that location opens,
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 1-613-700-5500 or use a method we approve to
request the extension before your return date. We may or may not grant an
extension or decline to grant it for the entire period you request, in our sole
discretion. If you do not return the car to the location specified in the
Rental Agreement, as and when required under the Rental Agreement, you may be
subject to criminal penalties. 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 Contract. 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 an unauthorized return
location fee specified by us.
8. Rental Charges. You will pay for the number of miles/kilometers you drive and the
period of time you rent the car at the rate indicated on the Rental Contract,
or your applicable corporate rate. Unless otherwise indicated on the Rental
Contract, the minimum charge is one day (24 hours), unless “calendar day” is
indicated on the Rental Contract, plus mileage/kilometerage, or a fixed fee. We
will determine the miles/kilometers by reading the factory-installed odometer
or utilize the vehicle's telematics device. 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 Contract, each consecutive
calendar day or any part of a calendar day starting on the calendar day on
which the rental occurs. If you fail to comply with any conditions for special
rates specified on the Rental Contract 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, vehicle license recovery fees, other fees and surcharges.
a) If you present any rewards certificates,
coupons or vouchers associated with a loyalty rewards program, 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.
b) You will also pay a reasonable fee for
cleaning the car’s interior upon return if any stains, dirt, odor, or soiling
attributable to your use cannot be cleaned with our standard post-rental
procedures as determined by us in our sole discretion.
c) If the key(s) or key fob(s) are not
returned with the car, you will be charged additional fees.
d) We maintain a non-smoking fleet,
including a prohibition on the use of e-cigarettes in the car. You will pay an
additional charge if you return the car and it smells or is soiled from smoke
or e-cigarette vapor.
e) 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 on behalf of the third party.
f) If you use a car with automatic toll
payment capability, see the disclosures regarding "e-Toll" in
Paragraph 16 below.
g) To the extent you utilize any
rate/benefit discount code in association with a rental, you represent you meet
the requisite criteria for utilizing such discount code. Any other use will be
viewed as an unlawful use and theft of services for which Parts Evolved can
pursue legal remedies, including, but not limited to, reasonable attorneys’ fees
and costs, and may void any associated discounts or rental benefits.
h) Parts
Evolved makes every effort to ensure that all prices and descriptions quoted on
its website or elsewhere are correct and accurate. However, in the case of a
manifest error or omission, Parts Evolved reserves the right to rescind the
Rental Agreement, even if we have already accepted your reservation and/or
received your payment. Our liability in that event will be limited to the
return of any money that you have paid with respect to the reservation. In the
case of a manifest error in which we permit you to keep your reservation, we
reserve the right to require that you pay the difference between the quoted
price and the correct price, as confirmed in writing by Parts Evolved after the
manifest error has been discovered. A "manifest error", as the term
is used in this paragraph, means, in relation to an incorrect price, a price
quoted in error by Parts Evolved which is more than 15% less than the price
that would have been quoted had the mistake not been made.
9. Taxes, Surcharges & Fees. 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 (including any digital wallet or mobile payment application linked
to your charge card account), your credit, up to an amount of the estimated
total charges due under the Rental Agreement, as indicated on the Rental
Contract, based on your representations 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; or, if you use a debit card funds in the account to which that
card is linked may be set aside for the greater of the amount of the estimated
total charges due under the Rental Agreement, based on your representations
about this rental, as indicated on the Rental Contract, or the deposit amount
indicated on signs at the location at which you rent the car 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 (return of the car and our determination of whether any additional
fees or charges apply), 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: the car is found
illegally parked, being used to violate the law or the terms of the Rental
Agreement, or appears to be abandoned. You agree that we need not notify you in
advance and that we may take any actions reasonably necessary to obtain
possession of the car, including remotely disabling the engine, remotely
locking the doors, tracking the location of the car through GPS tracking
devices and utilizing for our benefit any other devices connected to the car or
affecting the car's operation. If the car is repossessed, you agree to pay or
reimburse us for the actual and reasonable costs incurred by us to repossess
the car. You agree that such costs will be charged to the credit or debit card
or account you used to rent the car.
12. Loss Damage Waiver (LDW). Loss Damage Waiver (LDW) is not insurance and is not mandatory. If
you accept full LDW by your initials on the Rental Contract 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 responsibility for
the loss of or damage to the car except, if permitted by law, for lost, damaged
or stolen keys or remote entry devices, towing or tire services 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 Contract. 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 the Rental Agreement, we assume responsibility for
the loss or damage to the car up to the amount as specified on the Rental
Contract 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 paragraph 13 below. 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 OR DAMAGE SHOWN ON THE RENTAL CONTRACT,
OR IN THESE TERMS, OR IN A SEPARATE NOTICE FORM, INCLUDING WITHOUT LIMITATION,
THE STATE SPECIFIC NOTICES SET FORTH IN PARAGRAPH 36 WITH RESPECT TO THE STATE
IN WHICH YOU RENTED THE CAR AND EACH STATE WHERE YOU TAKE THE CAR.
13. Damage to/Loss of the Car. If you do not accept a Loss Damage Waiver, 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, except in Canada or as
otherwise required by law. In Canada, you will pay the greater of the car's
retail fair market value or its value on our books of account (also known as
depreciated book value) before theft or, in the case of damage, the sales
proceeds. Depreciated book value may be higher than retail fair market value.
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, tires,
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 such
other insurance or benefits, you authorize us to contact the benefit provider
directly on your behalf and you assign all of your benefits directly to us to
recover all consequential and incidental damages, including but not limited to
the repairs of the car plus diminished value or the fair market retail value of
the car (less salvage value plus costs incurred in the salvage-sale), and all
Incidental Loss 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 us 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 the Rental 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 and the cost of repair is our responsibility, 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 actions you or a driver may take,
or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS
PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND
VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE
ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE,
PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS INSURANCE, ANY ROADSIDE ASSISTANCE
PLAN, EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER (LDW) OR PARTIAL
DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES,
FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED
ATTORNEYS' FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a
violation of this Paragraph if any of the following occurs:
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 or more passengers than the car has seat
belts to carry; 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, any controlled substance, including without limitation, any federally controlled substance listed under
the Controlled Substance Act, Title 21 of the United States Code (a
"Controlled Substance"), or medications that affect vehicle operation
and/or constitute driving while impaired under applicable law; 6) for conduct
that could be charged as a crime such as a felony or misdemeanor, including the
transportation of a Controlled Substance or contraband, stolen goods, illegal
devices, or persons protected by prohibitions against human trafficking; 7) recklessly
or while overloaded; or 8) if the car is driven into Mexico without our
expressed permission. B. You or an additional driver, whether authorized or
not: 1) fail to promptly report to Parts Evolved 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 with our investigation; 2) Where
required by law, failed to report an accident to law enforcement; 3) obtained
the car through fraud or misrepresentation; 4) leave the car and fail to remove
the keys (or key fobs) or close and lock all doors, close all windows and the
trunk and the car is stolen or vandalized; or 5) intentionally or with willful
disregard cause or allow damage to the car.
C. You or an additional driver, whether authorized or not return the car
after hours and the car is damaged, stolen or vandalized or you otherwise fail
to take reasonable steps to secure the car, its keys, key fobs, or other remote
entry and starting devices. D. 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 shall be deemed a breach
of the Rental Agreement.
15. Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not always
the case.
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 Contract 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 flat fee will be
reversed from your total rental charges. If this subparagraph (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, as we determine in our
sole discretion, we will charge you a fuel service charge at the applicable
rate per-mile or rate per-gallon specified on the Rental Contract or disclosed
at the location. 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 (or provided by the vehicle's telematics device),
times the per-mile rate shown on the Rental Contract. 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 Contract.
Although two methods are used for ease of
calculation, the per mile and per-gallon rates produce approximately the same
result. Some of our cars are equipped with onboard telematics which record the
actual amounts of fuel in the gas tank. In the event your car 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. If you accept the partial fuel service option at the beginning of your
rental, you will be charged as shown on the Rental Contract for that purchase
and you will pay a fuel service charge for any fuel not covered by the partial
fuel service option. 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. If you put fuel into
the car, you must use the correct fuel (having the grade of gasoline stated on
the car fuel information decal, or on-road diesel). Do not use ethanol fuel
even if the car states that it is a flex-fuel vehicle.
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 own electronic toll device, or
avoiding any cashless toll road or passage. The e-Toll charges may take 4-8
weeks after the rental concludes to be billed to your credit card/debit card on
file.
17. Fines, Expenses, Costs and
Administrative Fees. You’ll pay or reimburse us for
all fines, penalties, interest, and court costs for parking, traffic, toll and
other violations, including storage liens and charges incurred as a result of
your rental. You will also pay a reasonable administrative fee with respect to
any violation of the Rental 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, penalties and
interest 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 and any attorneys' fees and expenses we
incur. You agree and acknowledge that we cooperate with all federal,
state/provincial, 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 ATS Processing Services,
LLC (ATS), Violation Management Services (VMS), or another agent we authorize
to act on our behalf for the purpose of processing and billing you for any
tickets, citations, fines and penalties incurred by you or assessed against us
or the car during your rental plus a reasonable administrative fee not to
exceed $50 per violation. You authorize as our agent ATS, VMS or another agent
we appoint to bill you directly to the credit/debit card you used to rent the
car. You authorize ATS, VMS or another agent we authorize to contact you
directly regarding any tickets, citations, fines and penalties incurred by your
or assessed against us or to our car while the car was rented to you.
In the event we use a third-party
collection service or agent to resolve any tickets, citations, fines,
penalties, and interest, 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 acknowledge that you have no right to contest any
such infraction or enter any plea other than guilty or no contest unless we
consent to your action, provided that the penalty for the infraction is only
the payment of money and does not involve any other administrative, civil, or
criminal penalty.
You agree to indemnify and hold us and any
other agent we authorize harmless for any such tickets, citations, fines,
penalties, interest and administrative fees.
18. Roadside Assistance. Roadside assistance is not available through Parts Evolved and is your
sole responsibility to pay for. Furthermore, if Parts Evolved must recover the
vehicle for any reason, all associated charges will be billed back to you in
addition to an administration fee.
19. Emergency Sickness Protection (ESP). 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 ESP 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 additional
information regarding ESP can be found on the Parts Evolved website at www.partsevolved.com.
20. Personal Accident and Effects
Insurance (PAE). You’ll pay for PAE and PAE-Plus
(where available) if you accept it. You understand
that you will be charged the PAE rate per day for a full day even if you don’t
have the car the entire day. Visit www.partsevolved.com for additional
information, terms and coverage limits.
21. Liability Protection. Anyone driving the car who is permitted to drive it by the Rental
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 applicable 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 the
Rental Agreement to drive the car, or to any person or instance where coverage
is not intended to be afforded by the Rental Agreement, the financial
responsibility limits of the jurisdiction in which the accident occurred will
apply.
You agree that we can provide coverage
under a certificate of self-insurance or an insurance policy, or both, 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 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 will be the minimum required under the 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 the Rental 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.
22. Supplemental Liability Insurance
(SLI) & Exclusions. If you elect to purchase
SLI, coverage will be provided to you and any authorized driver under an excess
coverage automobile policy issued to Parts Evolved. SLI provides protection for
third party automobile claims for the difference between the minimum financial
responsibility limits provided under paragraph 21 above and a maximum combined
single limit of liability of $1,000,000 or $2,000,000 depending on the
jurisdiction of rental and vehicle type 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 21
above, except that notwithstanding anything contained in the Rental Agreement,
the terms of the policy will at all times control. SLI 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 the Rental Agreement, all of which are
exclusions to SLI. Other exclusions to SLI are listed in the SLI 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.
23. 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. You agree that if the
rental takes place at a location operated by a Parts Evolved System Licensee,
any claim by you, including one that
alleges unfair, deceptive or unconscionable conduct, your sole right and remedy
is against that Parts Evolved System Licensee and not Parts Evolved Rent A Car
System, LLC, its parent or any of its affiliated companies.
24. Property in the Car. We are not responsible for loss of, theft, or damage to any
property in or on the car, in any service vehicle, such as a transit van or
bus, 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
caused by your property.
25. 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 or another independent reporting service
and will incorporate a processing charge no higher than 3% applied to all
amounts relating to the 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.
26. 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.
27. Collections. If you do not pay all amounts due to us under the Rental Agreement
upon demand, including all charges, fees, expenses, fines, penalties, and all
matters associated with the rental of the car 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 3%
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 of 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 Contract, 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.
28. Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any
proceeding (including, but not limited to, in an individual arbitration
proceeding or in a small claims court proceeding), you and Parts Evolved agree
that each 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 intend to assert a claim against Parts Evolved,
you must send the written notice of the claim to Attention: Parts Evolved Inc.,
127 Ryland Street, Nepean, Ontario, K2J 6R1 Canada, Attn: Legal Department. If Parts
Evolved intends to assert a claim against you, we will send the written notice
of the claim to you at your address appearing in our records. The parties may,
but are under no obligation to, engage in privileged settlement negotiations
during this 30 day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN
THIS PRE-DISPUTE 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: (Not applicable if mandatory arbitration is prohibited by
law). 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 Parts Evolved arising
out of, relating to or in connection with your rental of a car from Parts
Evolved and the Rental Agreement shall be exclusively adjudicated by binding
arbitration through the American Arbitration Association (“AAA”) pursuant to
the AAA’s then-current rules for commercial arbitration. There is an impartial
arbitrator but no judge or jury in arbitration. Both parties waive the right to
a jury trial. Arbitration procedures are simpler and more limited than rules
applicable in court and review by a court is limited.
YOU AND PARTS EVOLVED AGREE THAT ANY SUCH
ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS,
CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any
provision in the Rental Agreement to the contrary, if the class action waiver
in the prior sentence is deemed invalid or unenforceable, neither you nor we
are entitled to pursue dispute resolution by binding 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, Parts Evolved 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 the Rental Agreement to the contrary, the parties agree that if Parts
Evolved 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) of which you have already provided
notice to Parts Evolved. 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 car related to your Parts
Evolved rental, are exempt from the foregoing dispute resolution provision.
29. Communication Services and Satellite
Radio. You acknowledge that the car may be equipped
with a communication service (such as OnStar or a similar service) (a
"Communication System"), that provides emergency notification,
navigation, diagnostics, tracking and other services, and a receiver for
receiving audio signals from subscription satellite radio services to which Parts
Evolved may subscribe ("Satellite Radio"). You expressly authorize
all of those services. You acknowledge that you understand that a Communication
System, such as OnStar, requires the
car’s electrical system and equipment, cellular service and satellite
technologies to be available and operating to function properly. Not all
services offered by the Communication System provider are available on all
cars. The Communication System acts as a link to existing emergency and other
service providers. Services are limited by, and neither the Communication
System provider nor Parts Evolved is liable for, conditions or services outside
their control. Any information (e.g. navigational route support) provided
through a Communication System is on an “as is” basis. The Communication System
provider (including OnStar), its service providers and Parts Evolved will not
be liable to you or any user of the Communication System in connection with the
use of such information. You understand and agree that the Communication System
provider may provide us and/or law enforcement with all necessary information
to enable us and/or law enforcement to locate the car, if you fail to return
the car when and where required under the Rental Agreement. You agree to
release and hold us, and the Communication System providers, harmless for any
Communication System failures. You also agree to limit claims against the
Communication System provider 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 car has active Communication
System equipment, you understand that your use of the car is subject to the
terms and conditions of the Communication System provider, including system and
service limitations, warranty exclusions, limitations of liability, wireless
service provider terms, privacy practices relating to the Communication System
provider's collection, use and sharing of information about you and the car,
and the application of other relevant provisions including responsibilities you
have when using the Communication System.
You should review the Communication System provider's website for
details regarding their Terms and Conditions and Privacy Statement. Details
regarding the OnStar Terms and Conditions and Privacy Statement are available
at OnStar.com. By proceeding to rent the car and sign this contract, you
authorize the provision of the Communication System in accordance with and
agree to be bound by the Terms and Conditions and Privacy Statement of the
Communication System provider. Not every car is equipped with a Communication
System and/or Satellite Radio. Some cars in our fleet may have a Communication
System and/or Satellite Radio equipment, however, such equipment may not be
active. We may charge separately for access to Satellite Radio as an optional
accessory on the Rental Contract and the Rental Receipt. We may establish an
access code for Satellite Radio or program the car not to give you access to
Satellite Radio unless you have reserved that option in advance. If we provide
you access to Satellite Radio based on your advance reservation, you will be
charged for access whether or not you use this option. Unless you are advised
that you have a car with a Communication System 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. 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 and/or
cancellation fees(s) for that service.
30.
Additional Services and Products. From time
to time we may offer additional services and/or products with associated terms
and conditions or terms of use. If you purchase and/or use these services or
products you agree to be bound by such associated terms and conditions or terms
of use, which are incorporated herein by reference.
31. GPS by Garmin® At various locations,
Parts Evolved may offer for rental a Garmin® Global Positioning System
("GPS") receiver for your use. If you
rent such a unit you will pay the additional daily charge shown on the Rental
Contract. 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 or PEP. 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.
32. Use of GPS Tracking Devices. We use GPS tracking devices to track or locate cars which may be
late for their scheduled return, reported stolen, suspected of being lost,
stolen, or abandoned or as may be required or requested by law enforcement, or
to identify cars which have been damaged and may require roadside assistance,
when we have a good faith belief that there is an emergency that poses a threat
to your safety or the safety of another person, or as necessary to defend,
protect or enforce our rights in connection with the use of our products and/or
services. You should have no expectation of privacy or confidentiality as to
the places where the car is driven while rented to you.
For a copy of our Privacy Notice, please go
to www.partsevolved.com/privacy or write to Privacy Officer, Parts Evolved Inc., 127 Ryland Street, Nepean,
Ontario, K2J 6R1 Canada.
33.
Connected Car & Location Data.
Equipment. Certain cars contain devices
that monitor the car’s condition, performance and operation, track fuel
consumption, distance travelled, location and other information (the “Connected
Car Data”), and may transmit such Connected Car Data to us, our third party
providers and/or the car manufacturer. Some or all of these communications are
turned on all the time, even when other services or other media in the car are
turned off.
We cannot guarantee that a car without
these features will be available at your time of rental.
These devices may have been installed by
us, on our behalf, or by the car manufacturer. If the devices are installed by
the car manufacturer, the car manufacturer will process the Connected Car Data
in accordance with its privacy notice. We do not provide the car manufacturer
with your personally identifiable information ("PII"), unless
authorized by you, or is necessary in connection with the provision of services
provided through such car manufacturer, or is required by law. We may enter
into agreements with car manufacturers to receive some or all of the Connected
Car Data collected by these devices. We
may use a third party to process the Connected Car Data on our behalf. We do
not provide the third party processor with your PII, unless authorized by you,
necessary in connection with the provision of services provided through such
third party, or required by law.
Uses.
If equipped and where permitted by law, we use these devices and the
Connected Car Data for some or all of these purposes: (i) to provide certain
aspects of our services to you e.g. remote lock/unlock, remote disable
engine/cancel ignition, and automatically transmit vehicle data such as location,
odometer, fuel level and other data during the rental; (ii) to manage your car
rental e.g. start your rental, exchange or upgrade your car; (iii) to enable us
to better understand how our cars are being used; (iv) to optimize our
operations; (v) to assist in the handling of any liability or property damage
claims; (vi) to provide roadside assistance services; (vii) to assist in the
recovery of cars which are overdue, lost or reported stolen, or suspected of
being lost or stolen; (viii) to develop new products and services and enhance
our existing products and services; (ix) to respond to requests from law
enforcement and/or regulatory authorities; (x) as necessary to defend, protect
or enforce our rights in connection with the use of our products and/or services, (xi) to protect
the rights and/or property of Parts Evolved or third parties; (xii) when we
have a good faith belief that there is an emergency that poses a threat to your
safety or the safety of another person, or in other circumstances in which we reasonably
believe our cars are being or have been used in violation of law or otherwise
in the commission of a crime; and (xiii) to comply with law. Connected Car Data is collected, used,
retained & disclosed for purposes stated in the Privacy section below.
Privacy. We collect, use and share your PII
with Parts Evolved System affiliates, licensees and other third parties to: (a)
provide and administer the services you request, including use of corporate
discounts and loyalty programs; (b) carry out relevant identity, fraud,
security, driving license and credit checks; (c) maintain, develop and improve
the administration and management of our services; (d) protect our interests
and enforce our rights, including pursuing available remedies or limiting
damage that we may sustain; (e) protect the rights, privacy, safety and/or
property of you and others; (f) comply with or as permitted by law; and (g)
provide you with information about goods and services we think may interest
you, unless you opt out. You may limit the
use and sharing of your PII for marketing purposes, and you may access or
correct your PII. Also see the Connected Car & Location Data section above.
This information may be used by us during and after the rental period (if
applicable law allows). To provide you services or in the course of our
business operations, we may need to transfer your PII to locations outside of
the country where you rented the car, and your PII may be subject to laws of
other countries. By requesting and using
our services, you expressly agree to our collection, use and sharing of your
PII for as long as the law allows. For more detail about our privacy practices
please see the full Privacy Notice which may be obtained at www.partsevolved.com/privacy
or by writing to Privacy Office, Parts Evolved Inc., 127 Ryland Street, Nepean,
Ontario, K2J 6R1 Canada.
Download of Your Address book and Other
Information from Your Mobile Device.
Some of our vehicles allow you to connect your personal phone or device
via Bluetooth to the vehicle's electronic system. If you choose to do so, the vehicle may
automatically load your address book, store your incoming, outgoing and missed
telephone calls, and other information from your device. You should follow the steps displayed on the
vehicle system screen to delete this information and the device from the
vehicle's memory. Parts Evolved is not
responsible for assuring the privacy of any such information, and cannot
guarantee that other persons you do not authorize will gain access to this
information after you return the vehicle.
34. Other Important Provisions. We may transfer our rights and obligations under these Terms and
Conditions to another party, but this will not affect your rights or the
obligations of the provider under the Rental Agreement. You may only transfer your rights or
obligations under these Rental Terms and Conditions to another person if we
agree in writing. If we fail to insist
that you perform any of your obligations, or if we do not enforce our rights against
you, or if we delay in doing so, that will not mean that we have waived our
rights against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing,
and that will not mean that we will automatically waive any later default by
you. Each of the provisions of the Rental Agreement operate separately. If any
court of competent jurisdiction decides that any discrete provision of them is
unlawful or unenforceable, the remaining provisions will remain in full force and
effect.
35. Cooperation. You agree to cooperate and coordinate with Parts Evolved generally
and to take any actions Parts Evolved reasonably requests in connection with
(i) this Rental Agreement, (ii) your use and return of the car, and (iii) any
disputes, actions, proceedings, suits, and investigations related to this
Rental Agreement or your use of the car, including without limitation,
execution and delivery of any documents Parts Evolved reasonably requests,
giving testimony under oath, and taking any other actions Parts Evolved
reasonably requests related to this Rental Agreement or your car rental.
State Specific Notices. The following notices and requirements apply
if you rent a car from Parts Evolved in any of the following states or if you
take a car into any of the following states:
CANADA:
Valid Driver's License. As the renter or
signatory of this Agreement, you certify that you hold a valid driver’s license
for the appropriate class authorizing you to drive the car or cars described in
the contract and you undertake to ensure that any person called upon to drive
the said car or cars also holds a valid driver’s license for the appropriate
class pursuant to local law.
Loss Damage Waiver. In Canada, if you
accept LDW, there may nevertheless be a non-waivable amount for which you will
be responsible in the event of loss or damage to the car, which amount will be
specified on the Rental Contract at the time of rental. Currently this amount is a maximum of CA
$500.
Liability Protection: Anyone driving the
car who is permitted to drive it by the Rental Agreement will be protected
against liability for causing bodily injury or death to others or damaging the
property of someone other than the 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 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
apply. Except where required by law to
be primary, any protection provided by us shall be secondary to any applicable
insurance available to you or any other driver from any other source, whether
primary, excess, secondary or contingent in any way. Such protection will be provided by us
according to the terms and subject to all of the conditions of a standard
automobile liability insurance policy, issued in the jurisdiction in which the
accident occurs, including all requirements as to notice and cooperation on
your part, which are hereby made a part of this Agreement. You agree that we can provide this protection
under a certificate of self-insurance or an insurance policy or both 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 and agree that
unless required by applicable law we will not provide:
1. coverage for fines, penalties, punitive
or exemplary damages;
2. coverage for bodily injury to you, or
your death, while not a driver, or any member of your family or the driver’s
family;
3. defense against any claim after
applicable limits or coverage that you furnish have been tendered;
4. supplementary no fault, non-compulsory
uninsured or undersigned motorist coverage, and any other optional or
rejectable coverage, and you and we reject all such coverages where and 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 the applicable statute.
UNITED STATES:
AT NO POINT IS THE VEHICLE PERMITTED TO
LEAVE CANADA.
You and authorized operators are covered
while driving the rental car within the Canada.
Coverage does not apply in Mexico or the United States.
--------------------------------------
ACCIDENT CLAIMS:
How do I report a claim?
If you are involved in an accident, you
must complete an accident report and deliver it to the Parts Evolved rental
location. In order to make a claim or give notice of a claim, send written
notice to:
Parts
Evolved Inc.
127
Ryland Street
Nepean,
Ontario
K2J 6R1
Canada
1-613-700-5500
Agreement is for more than 30 days,
coverage may not be provided for more than 30 consecutive days; and if the Rental
Agreement is extended beyond 30 days, the coverage may be extended for one time
only, for a period not to exceed 30 days.
For more information call Parts Evolved
Inc. at: 1-613-700-5500. Visit Parts
Evolved online at PartsEvolved.com.
Parts Evolved employees, agents, or
endorsees are not qualified to evaluate the adequacy of the renter’s existing
coverage.