DEFINITION OF TERMS: The following terms shall have the following interpretations: "Agreement" means these Rental Agreement Terms and Conditions, the Arbitration Agreement, the Vehicle Inspection Sheet, and our website policies; "You" or "your" - means the party renting or leasing the vehicle and any other person approved by us to drive the Vehicle; "We" "our" or "us"- means PADDOCK GA d/b/a "Porsche Drive"; "Vehicle" - means the automobile or truck provided at the time of rental and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents, subject to all the terms and provisions of this Agreement contained below and on the Face Page; "Charges" - means the fees and charges incurred under this Agreement. All amounts expressed under this Agreement shall be payable in U.S. Dollars; "Rental Period" - means the period between the time you take possession of the Vehicle and the time that the Vehicle is either returned to or recovered by us and checked in by us.
1. AUTHORIZED DRIVERS: "Authorized Driver" means the renter identified above and each additional driver listed by us in this Agreement, as long as each such person: (a) has a valid driver's license; (b) is at least age 27; and (c) has accepted and agreed to be bound by this Agreement. Authorized Drivers are the only persons permitted to use, operate, or drive the Vehicle.
2. NATURE OF RENTAL; CONDITION AND RETURN OF VEHICLE; NO WARRANTIES: This Agreement is one of rental only. The Vehicle is our property, and you acquire no rights in the Vehicle other than the right to use it as described in this Agreement. You will complete the Vehicle Inspection Sheet with the Porsche Drive Concierge at the time of delivery, noting all damages if any. You agree to return the Vehicle to the Porsche Drive Concierge at the location and time described above, in the same condition as when received, ordinary wear and tear excluded. To extend the Rental Period, you must first obtain our approval by contacting us before the date and time due-in. If the Vehicle is returned or left at any location other than the location described above, or not made available during Porsche Drive normal business hours (9 AM to 6 PM, Monday-Sunday), you remain responsible for all loss of or damage to the Vehicle until we recover and inspect it (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time. To the extent permitted by law: (a) we or any of our agents or employees may peacefully repossess the Vehicle without demand or notice, wherever found and terminate this Agreement if the Vehicle is illegally parked, is used in violation of the law, or is apparently abandoned, this Agreement was obtained as the result of any misstatement or fraud, or for any other reason deemed sufficient by us; (b) we will not in any way be liable to you for damages resulting from a repossession nor will we be responsible for the loss or damage of any of your property left in the Vehicle; and (c) we make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
WARNING - THE VEHICLE IS DUE BACK AT THE TIME NOTED IN THIS AGREEMENT AND IMMEDIATELY UPON DEMAND. FAILURE TO RETURN THIS VEHICLE IN ACCORDANCE WITH THE TERMS OF THIS RENTAL AGREEMENT MAY RESULT IN PROSECUTION & CONVICTION FOR THEFT CONVERSION UNDER O.C.G.A § 16-8-4(A), PUNISHIBLE AS PROVIDED IN O.C.G.A § 16-8-12.
3. PROHIBITED USE: Certain uses of the Vehicle and other things you, a driver, or any other person may do or fail to do are prohibited ("Prohibited Uses") and will violate this Agreement, including leaving the Vehicle unattended with the keys in it, damaging or defacing the Vehicle, and removing tampering with, or disabling any Vehicle part, accessory, or equipment. In addition, it is a Prohibited Use for the Vehicle to be operated or driven by anyone: (a) in violation of any law, ordinance or regulation; (b) by any person who is under the influence of intoxicants, narcotics or drugs; (c) for the transportation of persons or property for hire; (d) in any race, test or competitive event, or at a racetrack, or to teach any person to drive; (e) outside the state in which the Vehicle was rented without our prior written consent; (f) other than an Authorized Driver, (g) to push or tow anything except with our prior written consent and subject to all the conditions appearing in this Agreement, (h) if further use of the Vehicle would cause damage (i.e. warning lights on, flat tire, steam/smoke rising from engine, (i) on an unpaved road, driveway, or parking spot, if the damage or loss is a direct result of the road', driveway's or parking spot's driving or surface condition; (j) 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); (k) to carry persons or property for hire; (l) if any Vehicle occupant, rider, or passenger, is not in compliance with all applicable seatbelt laws; (m) while the Vehicle operator is texting or using a mobile phone or other communications device that is capable of receiving telephonic communications, electronic data, mail or text messages while not in hands-free mode; (n) or transporting any property deemed hazardous by reason of being flammable, explosive, fissionable or corrosive or for transporting any drugs or illegal or contraband material; (o) to smoke or vape any substance in or around the Vehicle; and (p) to transport an animal (other than a service animal). You are prohibited from installing any bumper, clamp-on, or other type of trailer hitch, without our prior written consent. In NO EVENT will you sub-rent or release the Vehicle to another person or corporation. The Prohibited Uses described above are cumulative and each of them will apply to every use, or operation of the Vehicle. PROHIBITED USE OF THE VEHICLE WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND TO THE EXTENT PERMITTED BY LAW, MAY BE AN EXCLUSION TO AND MAY VOID ALL INSURANCE COVERAGE AND OPTIONAL PROTECTION (INCLUDING CDW). IT ALSO MAKES YOU LIABLE TO US FOR ALL THE PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR AS A RESULT OF THE PROHIBITED USE.
4. CREDIT CARD RESERVE; AMOUNTS DUE: You consent to the reservation or set-aside by your credit card issuer of the credit card that you provided for payment an amount equal to $2,500 (the "Reserve"). You consent to the Reserve at the time of rental and agree that we may use all or a portion of the Reserve to cover costs incurred while the Vehicle was in your possession. You understand that: (i) we will authorize the release of any excess Reserve 30 days after completion of the rental; (ii) your card issuer's rules will apply to your account being credited for any excess; and (iii) any excess may not be immediately released by your card issuer. You shall pay us at conclusion of the rental or on demand all Charges, including: (a) AII time and mileage charges with mileage determined by reading the factory-installed Vehicle odometer. Unless otherwise noted, all daily rates are based on a 24-hour day. You shall NOT detach the odometer and shall pay for its repair or replacement if any seal has been broken, along with a mileage charge equivalent to the average charge developed from our experience; (b) Additional mileage fee of $1 per mile if you exceed any mileage allowance; (c) charges for optional products and services you select; (d) Refueling charge if the Vehicle is returned with less gasoline than when rented; (e) All sales use, excise, or other taxes and surcharges; (f) All liens, penalties, forfeitures, court costs and out-of-pocket expenses incurred by us with respect to your use of the Vehicle, plus a reasonable service charge, (unless due to our fault); (g) Our cost and expenses including reasonable attorney's fees (to the extent permitted by law), incurred in collecting any payments due under this Agreement; (h) Our cost and expenses for recovery of Vehicle, regardless of fault, which resulted from an accident, theft or any Prohibited Use of the Vehicle; (i) An extra cleaning fee up to $250 if the Vehicle is returned substantially less clean than when rented due to conditions such as excessive trash, pet hair, stains, spoiled food, or odors, such as from smoking or vaping; (i) A lost key of up to $750; (j) A Late Fee in an amount up to (x) the time and mileage fee for an additional 4 hours (if the original rental was for 4 hours) or for an additional day (if the original rental was a daily or weekly rental) plus (y) a service charge equal to 50% of the applicable time and mileage fee; (k) a fee equal to $2.50/mile plus towing, fuel, storage, and other expenses that we incur if we must repossess the Vehicle; and (l) a fee up to $1,000 if you use the Vehicle in any racing activity (whether organized on a racetrack or otherwise). You authorize us to process a credit card voucher in your name for all Charges. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
5. RESPONSIBILITY FOR DAMAGE OR LOSS TO THE VEHICLE; REPORTING TO POLICE. To the extent permitted by law, You are responsible for all damage to or loss of the Vehicle in connection with the rental (including, but not limited to, its parts, equipment and optional accessories) up to a deductible amount of $2,500, regardless of the cause of such damage. Your responsibility may include: (a) all physical and mechanical damage to or loss or theft of the Vehicle up to the Vehicle's fair market value measured as follows: (i) if we determine that the Vehicle is a total loss: the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: the actual or estimated cost of the repairs; (b) our actual charges for towing, storage, and impound; (c) Loss of Use, which is calculated by multiplying the daily rental rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired and will be payable regardless of fleet utilization; and (d) Diminished Value. As used in this Agreement, "Loss of Use" means our loss the ability to use the Vehicle for any purpose due to damage to it or loss of it during the rental period, including uses other than for rental, such as display for rent or sale, opportunity to upgrade or sell, or transportation of employees, and "Diminished Value" means the difference between the fair market value of the Vehicle immediately before the damage to the Vehicle and after the Vehicle has been repaired. You will report all incidents involving the Vehicle to us and to the police as soon as safely practicable, but in all cases within twenty-four (24) hours of occurrence. As part of such report, you will provide a written description of the incident and the insurance information for the other parties involved. You will make a reasonable effort to secure evidence from any available witnesses to the incident. If at any time you determine that the Vehicle may be unsafe to drive, as soon as it is safe to do so, you will stop operating the Vehicle and you will contact us to report the situation. If you engage in a Prohibited Use or otherwise materially breach this Agreement, your responsibility for damage to or loss of the Vehicle will not be limited to $2,500, and you will be responsible for all damage to or loss of the Vehicle as described in this Paragraph 5.
6. INDEMNITY: To the fullest extent permitted by law, you hereby agree to indemnify us from and against any losses, damages, claims, suits, demands, costs, attorney fees, and any other expense incurred by us, who is without active negligence or fault, arising out of the use of the Vehicle by you or any other person.
7. NO AGENCY: Neither you nor any other driver of the Vehicle will be, or is deemed, to be our agent, servant, or employee for any purpose.
8. REPAIRS: You will not permit any repairs to the Vehicle or allow a lien to be placed upon it without our prior written consent. You will be liable for any such repairs and liens.
9. INSURANCE; HANDLING ACCIDENTS/INCIDENTS: If you are in good standing and are authorized to operate one of our vehicles under this Agreement, and subject to you fulfilling your obligations under this Agreement, our insurance coverage (both third party and self-insurance) will apply to cover certain damages incurred in an accident ("Insurance"). The Insurance provides coverage for third party property damage and bodily injuries, as well as coverage for our vehicles relating to an accident for which you may be legally liable. The coverage limit is a combined single limit of $1,000,000 per accident, and you will be required to pay a $2,500 deductible. Your personal property is not covered by the Insurance. Where required by law, we provide Personal Injury Protection ("PIP"), or "no-fault" coverage as part of the Insurance, to the minimum level required by the jurisdiction in which the accident occurs or the claim is adjudicated, for injuries you may suffer in an accident. The Insurance provides up to $2,000 of medical payments coverage that may be applied against your own health care coverage in case of injury (typically offsetting against any "out of pocket" or "deductible" costs). Any personal injury coverage that you have available will be primary over any PIP or no fault coverage that we may provide where allowed by law. To the extent permitted by law, we have the sole discretion to accept or waive and reject the inclusion of uninsured motorist, underinsured motorist, supplementary no fault, or any other optional coverage, and we are hereby authorized to sign any forms or acknowledgments on behalf of you accepting or rejecting (at our discretion) such coverage. If any such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. No coverage is provided for any use of our vehicles by any unauthorized driver as defined by the terms of this Agreement. However, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs or the claim is adjudicated. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them 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.
10. RESPONSIBILITY FOR TOLLS, TRAFFIC VIOLATIONS, AND OTHER CHARGES. You are liable for all tolls ("Tolls") and 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. The Vehicle may be equipped with the ability to pay tolls electronically. If we are notified by charging authorities that we may be responsible for payment of a Toll or Violation, you agree that we or a processing firm ("Processor") may, in our sole discretion and without prior notice to you, pay the Toll or Violation plus applicable taxes on your behalf directly to the appropriate authority. If we or a Processor elect to pay a Toll or Violation, you may not be able to challenge the validity of the Toll or Violation before the charging authority. We or the Processor will charge you the face value of the Toll or Violation and any taxes, plus an administrative fee per Toll and Violation. If we or a Processor, in our sole discretion, elect to transfer liability for a Toll or Violation assessed against the Vehicle during the Rental Period to you personally, we or the Processor will charge you an administrative fee o $25 per Toll or Violation. You authorize us to release your rental and payment card information to the charging authorities and the Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us and the Processor to charge all payments and administrative fees to the payment card you used in connection with this Agreement. Certain toll roads do not accept cash. To avoid toll violations and associated fines, fees, and taxes (and our administrative fees), you must pay all tolls with a personal transponder that is accepted on the road; use only cash lanes and pay cash; plan a route to avoid tolls; or consult local authorities for other payment methods.
11. CREDITS AND CHARGES: If you direct us to bill charges incurred under this Agreement, you will, upon our demand, promptly pay the charges. YOU EXPRESSLY AUTHORIZE US TO PROCESS A PAYMENT CARD VOUCHER, IF ANY, IN YOUR NAME FOR ALL CHARGES MADE UNDER THIS AGREEMENT. You agree to pay us interest of 1% per month (12% per year) on: (a) any monies that we pay out for your benefit until collected from you; and (b) any account outstanding over 30 days.
12. CANCELLATIONS: In the event of a cancellation of a reservation, we must receive written notice of the cancellation at the email address provided with the booking confirmation up to 72 hours prior to the rental start date to avoid charges to the card on file or to receive a refund. Cancellations within 72 hours of rental start date will be charged 50% of the total estimated rental fee. Missed reservations without notice will be charged in full.
13. TELEMATICS: The Vehicle may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your use of this Vehicle may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of Vehicle data, such as: location, speed, braking, odometer, oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this Vehicle. You agree to inform all drivers and passengers of the Vehicle of the terms of this section, and that you have authorized release of information collected by GPS or other telematics system or EDR. We are not responsible for the operability of any telematics navigational or other system included with the Vehicle. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the GPS or other telematics system or EDR to operate properly, or otherwise arising from the use of the GPS or other telematics system or EDR.
14. PERSONAL PROPERTY: We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Vehicle may be equipped with an infotainment system that may download your personal contacts, communications, location or other digital data. You should wipe all personal information from the Vehicle's systems before returning it.
16. POWER OF ATTORNEY: You hereby grant and appoint us a Limited Power of Attorney to present insurance claims for property damage to Customer's Insurance carrier if the rented Vehicle is damaged during the terms of this Agreement and to endorse your name on the insurance payments for charges or damages.
17. SEVERABILITY: If any provision or provisions of this Agreement are found to be void or unenforceable, the remaining provision shall continue in full force and effect.
18. ENTIRE AGREEMENT: This Agreement expresses the entire understanding of the parties and there are no other representations, warranties, collateral agreements or conditions. All prior representations and agreements between you and us regarding this rental are void.
19. VENUE: All court cases will be tried in Fulton County, State of Georgia.
20. INCORPORATED BY REFERENCE: You agree that all terms and conditions of Inspection Sheet as well as policies located on the company's website are included in this Agreement. You agree that you have read, reviewed and agree to all terms, conditions of inspection sheet and online policies.
21. CONSENT TO ELECTRONIC COMMUNICATIONS: To the fullest extent permitted by law, this Agreement and any notices or other communications regarding your reservation and rental of the Vehicle ("Communications"), may be provided to you electronically and you agree to receive Communications in an electronic form. Electronic Communications may be delivered to the last electronic mail address that you provided. All Communications in either electronic or paper format will be considered to be in "writing". All Communications will be considered to have been received no later than five business days after dissemination, whether or not you have received or retrieved the Communications. Although we reserve the right to provide Communications in paper format to you using the most recent postal address that you provided, you expressly agree that any notice due under this Agreement may be given in email form to the email address provided by you. Your consent to receive Communications electronically is valid until you revoke your consent by terminating this Agreement. You may obtain a paper copy of this Agreement, any Communications, or any other records related to your rental by sending a written request to us at 3535 Piedmont Road NE, Suite 1500, Atlanta, GA 30305 (678) 831-6291, email@example.com attention: Porsche Drive.
22. MISCELLANEOUS: No term of this Agreement can be waived or modified except by a writing that we have signed. 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. To the extent permitted by law: (a) 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; and (b) you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
A. MANDATORY ARBITRATION: Any "Dispute" between the Parties shall be resolved by a neutral, binding arbitration, and not by a court. This procedure applies to any dispute defined herein, the agreement to arbitrate or the arbitrability of any issue. The only matter that shall be determined by a court, if necessary, shall be the Parties' waiver to bring or participate in a class action. This arbitration agreement applies to the Parties, their respective employees or agents.
B. DISPUTE: "Dispute" means any action, claim, or controversy of any kind arising out of, in connection with or related to the Parties' transaction(s), relationship or conduct. "Dispute" includes without limitation: claims under federal or state consumer protection laws, tort or contract, statutes or common law, at law or in equity, counterclaims, cross-claims, third party claims, or interpleaders.
C. FACTS ABOUT ARBITRATION: Arbitration is a private and less formal process in which a neutral arbitrator decides a dispute instead of a judge or jury. Each side has an opportunity to present some evidence to the arbitrator. A Party's ability to discover things may be limited. Other rights Parties might have in court might not be available in arbitration. An arbitrator issues an award which a court may then enforce like a court judgment. Courts rarely overturn an arbitrator's award.
D. RULES: To initiate arbitration, a party shall give written notice to the other(s) of any Dispute by certified mail, return receipt requested. The Notice shall state the nature and factual basis of the Dispute, the names and addresses of all other Parties, the amount in dispute and specific relief requested. The responding Party may answer and set forth any counterclaims. The arbitration will be conducted by one neutral impartial arbitrator mutually agreed upon by the Parties. The arbitrator shall be any attorney or retired judge. If the Parties cannot agree on an arbitrator, an arbitrator may be appointed by a court pursuant to the Federal Arbitration Act (9. U.S.C. § 1, et seq.). The arbitrator may conduct all necessary preliminary proceedings, provide for the exchange of information and/or discovery, and set the time, date and place of any hearing, after consultation with the Parties. The award shall be issued within 30 days after the hearing is completed.
E. STANDARDS AND LAW: The transaction(s) of the Parties involves interstate commerce and this arbitration agreement is governed by the Federal Arbitration Act, 9 U.S.C. Sections 1 through 16 ("FAA"). The arbitrator shall strictly apply applicable substantive law and statutes of limitation consistent with the FAA and honor recognized claims of privilege.
F. JURY TRIAL WAIVER: The Parties agree to give up their rights to a trial by a jury.
G. CLASS ACTION WAIVER: The Parties agree to give up any right to bring a class action lawsuit or class arbitration, or to participate in either as a claimant. The Parties agree to give up any right to consolidate or join any arbitration proceeding with the arbitration of others.
H. PUNITIVE DAMAGE WAIVER: The Parties waive any right to seek or recover punitive damages. No arbitrator shall have the power or authority to award punitive damages.
I. FEES AND COSTS: The Parties will split all costs of arbitration on a 50%-50% basis. If a party fails to advance its portion of the arbitration costs or fees, any other party may advance those fees or costs without prejudice to the right to recoup the amount advanced as a prevailing party.
J. EXCEPTIONS: The Parties agree that this arbitration agreement is not applicable to "Small Claims" meaning those claims that can be filed in an appropriate small claims court."