Rental Terms and Conditions

    1. RENTAL AGREEMENT TERMS AND CONDITIONS

       THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED ELECTRONICALLY, WHICH BOTH YOU AND Brains Car Rentals with Everything Nice LLC AGREE SHALL BE TREATED AS ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN THE PERSON IDENTIFIED AS THE RENTER OR AN AUTHORIZED OPERATOR (AS DEFINED BELOW) IN THIS AGREEMENT (“YOU”) AND THE Brains Car Rentals with Everything Nice LLC, WHICH IS IDENTIFIED ON THE RENTAL RECORD (“Brains Car Rentals with Everything Nice LLC”).

      Nature of this Agreement

        You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Brains Car Rentals with Everything Nice LLC. No one other than Brains Car Rentals with Everything Nice LLC may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Brains Car Rentals with Everything Nice LLC is void. Neither You nor any Authorized Operators are agents of Brains Car Rentals with Everything Nice LLC. No one may service or repair the Car without Brains Car Rentals with Everything Nice LLC’s prior express approval. Brains Car Rentals with Everything Nice LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.

      Who May Operate the Car

      Only You and, with Your permission, the following persons (“Authorized Operators”), may operate the Car: (a) For rentals commencing in the states of CA and IA, Your spouse and Your employer, employees, and fellow employees incidental to their business duties; (b) for rentals (“Replacement Rentals”) which are designated as replacement rentals on the Rental Record, any person specifically named as an insured on Your automobile policy; and (c) any other person who meets Brains Car Rentals with Everything Nice LLC’s qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 21 years old and have a valid driver’s license from a jurisdiction acceptable to Brains Car Rentals with Everything Nice LLC. Charges for Authorized Operators under 25 may apply. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Brains Car Rentals with Everything Nice LLC’s discretion, be in effect at the time and place of rental; and, where permitted by law, Brains Car Rentals with Everything Nice LLC may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraph 9).

      Return

         
      1. As per our rental terms, it is your responsibility to return the vehicle to Brains Car Rentals with Everything Nice LLC in the same condition it was in upon receipt. Regardless of whether the vehicle was initially delivered to you, all returns must be made to the same location where the collection was performed. The car should be returned by the specified due date on the rental record, or earlier if demanded by Brains Car Rentals with Everything Nice LLC.
      Failure to adhere to the agreed-upon return conditions outlined in the rental contract will be considered abandonment of rental property. In such cases, Brains Car Rentals with Everything Nice LLC reserves the right to press charges, and you waive your rights to contest this in court. The vehicle will undergo a recovery process, involving law enforcement reports and inspections before recovery. The decision to pursue legal action rests with Brains Car Rentals with Everything Nice LLC.                                                                                                                                                                                                         
    2. Any changes to your scheduled return date, time, or location must be communicated to Brains Car Rentals with Everything Nice LLC within 12 hours of your original scheduled return time, or a return change fee will apply. The terms and conditions specified here will continue to apply until Brains Car Rentals with Everything Nice LLC has inspected and accepted the returned vehicle.
    3. (i) You are responsible for any damage to the Car until Brains Car Rentals with Everything Nice LLC has inspected and accepted it on the next day that the return location is open for business, and (ii) time charges, charges for any optional insurance coverages selected, and any charges for additional services or other charges which are stated on the rental record as a periodic rate, may continue to accrue until the return location reopens for business. If You do not return the Car when required by this agreement, then after Brains Car Rentals with Everything Nice LLC sends You a written demand to return it, sent to Your address shown in Your enrollment or otherwise provided to Brains Car Rentals with Everything Nice LLC, Brains Car Rentals with Everything Nice LLC may remotely disable operation of the Car and, at Your expense, recover the Car where and when it is found. If the Car is found illegally parked or apparently abandoned, or if the Car is used or obtained as prohibited under paragraph 5 of this Agreement, then Brains Car Rentals with Everything Nice LLC may recover the Car without demand. To the extent permitted by law, You waive any right to a hearing or to receive any notice or legal process as a pre-condition for Brains Car Rentals with Everything Nice LLC remotely disabling operation of the Car and recovering the Car. Failure to return the Car in accordance with the terms of this agreement may result in a criminal penalty.
      You expressly consent and agree that Brains Car Rentals with Everything Nice LLC may use electronic or verbal means to contact You. You agree that Brains Car Rentals with Everything Nice LLC may use any email address or telephone number You provide to contact You, including manual calling, voice messages, text messages, emails or automatic telephone dialing systems. The Car may be equipped with global positioning technology or other telematics systems and a transmitter that allows Brains Car Rentals with Everything Nice LLC to track or otherwise locate the Car and privacy is not guaranteed. Information collected by any such technology or telematics is governed by Brains Car Rentals with Everything Nice LLC’s privacy policy. You acknowledge that the data derived from the in-Car telematics and other devices may contain personal information and You authorize Brains Car Rentals with Everything Nice LLC to share that data with the device manufacturer, the original equipment manufacturer and its affiliates (collectively, “OEM”), service providers, and other third parties to whom Brains Car Rentals with Everything Nice LLC or OEM grants access. To the extent permitted by law, You authorize Brains Car Rentals with Everything Nice LLC, the OEM, and any third-party service provider’s use of the technology included in the Car, including to track the location of the Car, to disable the Car and to assist in the repossession of the Car. It is Your responsibility to delete any Bluetooth synced data from the Car upon Your return. You acknowledge and agree that, to the extent permitted by applicable law, Brains Car Rentals with Everything Nice LLC, the OEM, and any third-party service provider may collect, process, charge on the basis of, add to Your customer profile and take disciplinary action on the basis of the data derived from in-Car telematics and other devices and gauges. Actions may include suspension or termination of Your ability to continue to rent Cars from Brains Car Rentals with Everything Nice LLC or its affiliates.
      • The Car may have telematics, tracking, and related services in which case, You understand that Your access and use of the Car or the services are subject to the Car, service provider’s or device manufacturer’s terms and privacy statement, which may include other terms, service limitations, warranty exclusions, limitations of liability, wireless service provider terms and privacy practices.
      • Upon return, if the Car requires more than Brains Car Rentals with Everything Nice LLC’s standard cleaning on its return, Brains Car Rentals with Everything Nice LLC may charge You for the actual costs incurred by Brains Car Rentals with Everything Nice LLC to have the Car cleaned.
      • For rentals in the District of Columbia, it is required by law that You be notified that if You fail to return the Car in accordance with this Agreement, it may result in a criminal penalty of up to 3 years in jail.

    4. Your Responsibility For Loss of or Damage To The Car And Optional Loss Damage Waiver

         
      • Except as stated below, if you do not have an active insurance policy, or did not purchase our in-house insurance, then you are responsible for any and all loss of or damage to the Car resulting from any cause including but not limited to collision, rollover, theft, vandalism, seizure, fire, loss of car key or lock outs, flood, hail or other acts of nature or god regardless of fault.
        Except as stated below, Your responsibility will not exceed the greater of the retail fair market value of the Car and its manufacturer buyback program value at the time the Car is lost or damaged, less its salvage value, plus actual towing, storage and impound fees, diminution of value of the Car as determined by Brains Car Rentals with Everything Nice LLC, an administrative charge and a charge for loss of use, regardless of fleet utilization. As more generally provided in paragraph 6, Brains Car Rentals with Everything Nice LLC may, where permitted under applicable law, process one or more vouchers or payment slips against Your credit, charge or debit Card for these losses, costs and charges, together with any other applicable charges, at or following the completion of the rental.
      • Your responsibility for damage due to theft or otherwise is limited by law in certain jurisdictions. As of June 1, 2020, the following limitations exist. Should the laws imposing these regulations be repealed, the provisions of subparagraphs 4(a) and 4(b) shall apply without such limitations.
      • In case you purchased an in-house insurance from us, keep in mind that this policy is strictly 24-hour based. 1 minute after your rental period expires, this insurance also expires and you are fully responsible for the vehicle in all aspects.
        We are not responsible for flat tires, and do not offer roadside assistance on flat tires but we have a third-party service available if you do need it; please request for it.
    5.  
      • You are not responsible for loss of or damage to the Car resulting from theft or vandalism related to the theft if You have possession of the ignition key or You establish that the ignition key was not in the Car at the time of the theft, You file an official report of the theft with the police within 24 hours of learning of the theft and You cooperate with Brains Car Rentals and the police in providing information regarding the theft, and neither You nor an Authorized Operator committed or aided and abetted the commission of the theft.
      • This Agreement offers, for an additional charge, optional vehicle protection to cover Your financial responsibility for damage or loss to the Car. The purchase of optional vehicle protection is optional and may be declined. You are advised to Carefully consider whether to purchase this protection if You have rental vehicle collision coverage provided by Your credit Card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, You may wish to determine whether Your credit Card or Your vehicle insurance affords You coverage for damage to the Car and the amount of deductible under such coverage.
    6. Brain's Car Rentals Rental Extension Policy:  By proceeding with the rental extension request, you ("the Customer") agree to adhere to the following terms and conditions set forth by Brain's Car Rentals:   
      1. (i). Advance Notice:    I understand that I must provide Brain's Car Rentals with a minimum of 24 hours' notice before the original scheduled return time to be eligible for a rental extension.  
      2. (ii). Extension Eligibility:    I acknowledge that rental extensions are subject to availability and that not all rentals may be eligible for extensions. Brain's Car Rentals with everything nice LLC' customer service representatives will confirm whether an extension is possible for my specific rental. (iii). 
      3. Extension Duration:    I agree that rental extensions can be requested for a minimum of 1 day up to a maximum of 7 days. For extensions beyond 7 days, I will contact the Brain's Car Rentals with everything nice LLC
      4. s customer service team to discuss the possibility.  
      5. (iv). Extension Fees:    I understand that availing a rental extension will incur an additional fee based on the daily rental rate. The specific fee amount will be communicated to me at the time of extension confirmation, and I will ensure that the extension fee is paid in advance before the extension period begins.  
      6. (v).Late Returns without Extension:    I acknowledge that if I fail to return the rental vehicle on or before the agreed-upon return date without an approved extension, I will be subject to standard late fees as per the terms and conditions of the rental agreement. To avoid penalties, I will communicate any delays and extension requests beforehand.  
      7. (vi).Extending Online Reservations:    If I made my reservation online, I understand that I should EMAIL Brain's Car Rentals with everything nice LLC
      8. and request the extension through the reservation management portal. Alternatively, I can contact the customer service team via phone ON 240 886 9727 to request the extension.  
      9. (vii). In-Person Extension Requests:    If I made my reservation in person at one of the Brain's Car Rentals with everything nice locations, I agree to visit the same location to inquire about and request a rental extension. The on-site staff will guide me through the process.  
      10. (viii).Extension Denial:    I acknowledge that Brain's Car Rentals with everythig nice reserves the right to deny any rental extension request based on vehicle availability, prior booking commitments, or any other operational considerations.  
      11. (ix). Modifications and Cancellations:    I understand that if I decide to cancel or modify my extension request after it has been confirmed, I will inform Brain's Car Rentals with everything nice at least 24 hours before the agreed-upon extension start time. Late cancellations or modifications may attract fees.  
      12. (x). Security Deposits:    I agree that if I have provided a security deposit for my rental, the deposit will be extended to cover the additional rental days during the extension period.  By accepting this Rental Extension Policy, I acknowledge that I have read and understood the terms and conditions outlined above. I agree to comply with these guidelines while requesting a rental extension from Brain's Car Rentals.
    7. (3) You are not responsible for mechanical damage unrelated to an accident or that could reasonably be expected from normal use of the Car except in instances where abuse or neglect by You or an Authorized Operator is shown. 

    9. (4) You will not be liable for loss due to theft of the Car unless it is established that You or an Authorized Operator failed to exercise reasonable Care or committed, or aided and abetted in the commission of, the theft of the Car. 

    11. (5) If the Car is returned with damage, then, within 72 hours after the Car is returned, You, any Authorized Operator, or Your or his or her insurer must notify Brains Car Rentals with Everything Nice LLC that You, he, she, or it wishes to inspect the damaged Car or the right to inspect the damaged Car will be waived. The inspection must be completed within 7 days of the return date of the Car. However, if Brains Car Rentals with Everything Nice LLC determines the Car to be a total loss and subject to salvage, the 72-hour period shall not apply and You, any Authorized Operator, or Your, his, or her insurer shall have 10 business days to inspect the Car from receipt by You from Brains Car Rentals with Everything Nice LLC of a notice of Your obligation (or that of the Authorized Operator who was operating the Car at the time that the damage occurred) to execute and return to Brains Car Rentals with Everything Nice LLC a complete and accurate incident report describing any physical and/or mechanical damage.. 
    12.  Your responsibility may also be limited in other jurisdictions. 
      • You grant Brains Car Rentals with Everything Nice LLC a limited power of attorney to present claims for damage to or loss of the Car to Your insurance carrier. For rentals which commence in New Mexico or New York, if such coverage exists under Your automobile insurance policy, You may require that Brains Car Rentals with Everything Nice LLC submit any claims to Your insurance carrier as Your agent..

    13. Prohibited Use Of The Car

         
      • Neither You nor any Authorized Operator may:
      • permit the use of the Car by anyone other than You or an Authorized Operator;
      • intentionally destroy, damage or aid in the theft of the Car;
      • take or attempt to take the Car into Mexico or to anywhere else outside of the United States or Canada, except as expressly permitted under this agreement;
      • engage in any willful or wanton misconduct, which, among other things, may include reckless conduct such as: the failure to use seat belts, the failure to use child seats or other child restraints where legally required, use of the Car when overloaded or Carrying passengers in excess of the number of seat belts in the Car, use off paved roads or on roads which are not regularly maintained, refueling the Car with the wrong type of fuel, i.e., diesel in a gasoline engine or gasoline in a diesel engine, leaving the Car and failing to remove the keys, or failing to close and lock all doors, Car windows or the trunk;
      • use or permit the use of the Car by anyone:
      • while legally intoxicated or under the influence of alcohol, drugs or other absorbed elements which may adversely affect a person’s ability to drive safely;
      • for any purpose that could properly be charged as a crime, such as the illegal transportation of persons, drugs or contraband or any direct or indirect act of terrorism involving the causing or threatening of harm of whatever nature and by whatever means made or claimed to be made in whole or part for political, religious, ideological or similar purpose;
      • to tow or push anything;
      • in a speed test, speed contest, race, rally, speed endurance contest or demonstration;
      • in driver training activity;
      • use the vehicle for commercial purposes(transportation and or deliveries) without written authorization from the company
    14.  
      • to Carry persons or property for hire (i.e., for a charge or fee), unless specifically authorized in writing by Brains Car Rentals with everything nice;
      • if the Car has been obtained from Brains Car Rentals by fraud or misrepresentation; or
      • to Carry hazardous materials (other than customary quantities of materials used in the operation of the Car that are stored within the containers provided for them), explosives, biologically active materials that are hazardous to human health or radioactive material including, but not limited to, any biologically active or radioactive material for research, education, development or industrial purposes, or for purposes incidental thereto;
      • For rentals in Hawaii, take or attempt to take the Car off the Islands of Hawaii; and
      • For rentals in Puerto Rico or St. Thomas, take or attempt to take the Car off the island of
    15.  rental. 
      • Any use of the Car in a manner prohibited in this paragraph 5:
      • to the extent permitted by applicable law, will cause You to lose the benefit of any limitation on Your liability for loss of or damage to the Car, even if You have accepted LDW;
      • to the extent permitted by applicable law, void personal accident insurance (“PAI”) and personal effects coverage (“PEC”), liability insurance supplement (“LIS”) coverage,), emergency sickness protection (“ESP”) and any liability protection provided by Brains Car Rentals under this agreement; and
      • will constitute a breach of this agreement, making You responsible, to the fullest extent permitted by law, for the actual and consequential damages to Brains Car Rentals caused by the breach, together with Brains Car Rentals’ss related costs and attorneys’ fees.

    16. Payment of Charges

         
      • You and any person, corporation or other entity to whom, with Brains Car Rentals’s consent, You expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check (or cheque) used for payment of Charges that is returned to Brains Car Rentals unpaid or for any credit, charge, debit or stored value/prepaid/gift Card charges which are not honored by the Card issuer.
      • Payment for all Charges is due at the completion of the rental in cash or by a credit Card, charge Card, debit Card or other device acceptable to Brains Car Rentals; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit/check Card at the commencement of rental and agree to permit Brains Car Rentals to bill Charges to that Card. By providing a form of payment, You authorize Brains Car Rentals to perform a check on Your credit and /or other data sources that identify risk associated with a rental of the Car by You. Brains Car Rentals may decline to rent based on this information. Stored value/prepaid/gift Cards are not, and debit Cards may not be, acceptable to qualify for rental, but both types of Cards may be used for payment at return. Charges not known to Brains Car Rentals at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit Card presented at the time of rental, even if cash, another credit, charge or debit Card or stored value/prepaid/gift Card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift Card is governed by the terms of Your agreement with the Card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE Brains Car Rentals TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF RENTAL, IN AN AMOUNT THAT MAY BE GREATER THAN THE ESTIMATED CHARGES, EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY
    17.  
      FOR A RENTAL, Brains Car Rentals WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER Brains Car Rentals RECEIVES THIS AUTHORIZATION, IF THE AUTHORIZATION OBTAINED AT THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. Brains Car Rentals WILL PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. Brains Car Rentals may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge or debit Card, You authorize Brains Car Rentals to correct the Charges with the Card issuer. Brains Car Rentals will notify You of any correction. 
      • Brains Car Rentals may from time to time issue prepaid vouchers, coupons represented either by documents or by entries in Brains Car Rentals’s records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. Vouchers must be submitted at the time that the rental commences. Persons who pay by voucher may be required to pay the amount by which the estimated charges for the rental exceed the value of the Voucher at the commencement of the rental. Restrictions on the use of Vouchers may apply.

    18. Computation of Charges

         
      • TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 29 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAYCHARGES. As stated in paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, Brains Car Rentals’s OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. Any changes to Your agreed upon return time, date, or location may result in a change to Your quoted estimated rate total and the daily or hourly rate. Prices on Brains Car Rentals’s website are only valid for those customers booking from a source country in which they officially reside. If a rate is booked from a source country in which You do not reside, it will be considered a fraudulent booking and Brains Car Rentals maintains the right to cancel such reservation and not provide a refund. Although Brains Car Rentals attempts to ensure all Brains Car Rentals prices quoted on booking channels are accurate, errors may sometimes occur. Brains Car Rentals will inform You as soon as possible if Brains Car Rentals discovers an error in the price of Your reservation and give You the opportunity to confirm booking at the correct price or cancel. If You cancel and You have already paid for Your rental, You will receive a full refund. If Brains Car Rentals is unable to contact You, Brains Car Rentals will treat Your reservation as cancelled.
      • MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified on the Rental Record. The number of miles driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles in excess of the number of miles allowed, as specified on the Rental Record. The result is the mileage Charge.
      • A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented.
      • LDW, PERS, PAI/PEC, ESP and LIS CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record.
      • TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Record or as otherwise required by applicable law.
    19.  
      • TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorized Brains Car Rentals to release Your billing/rental information and charge or debit Card information or billing account information and information regarding Your rental to any electronic toll payment services provider selected by Brains Car Rentals (the “Toll Payment Processor”) to enable you, during your rental of the Car, to use covered cashless toll collection lanes or all-electronic tollways without the use of a personal transponder or paying the toll authority directly, for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees. You also agree to indemnify Brains Car Rentals and/or the Toll Payment Processor, if they pay same. You agree to pay, upon billing, applicable service (typically $30) and other fees related to such toll occurrences or toll, parking or traffic violations and providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that Brains Car Rentals and the Toll Payment Processor may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking or other citations that You incur during Your rental. For rentals throughout the U.S., including Hawaii: The amount of the service fee which You will be charged if Brains Car Rentals or the Toll Payment Processor is required to pay for such an infraction or toll occurrence is up to $42.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges.
      • RECOVERY EXPENSE consists of all costs of any kind incurred by Brains Car Rentals in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.
      • COLLECTION EXPENSE consists of all costs of any kind incurred by Brains Car Rentals in collecting Charges from You or the person to whom they are billed, including, but not limited to, all attorneys’ fees and court costs.
      • LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Brains Car Rentals’s mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with Brains Car Rentals.
      • FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Brains Car Rentals resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission.
      • CHARGES FOR ADDITIONAL SERVICES, such as In Car Navigation System, alternative GPS or other navigation systems, and infant and toddler Car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day.
      • RETURN CHANGE FEE a one-time Return Change Fee of $[ ] will be applied if You desire to extend Your rental or return the Car to a different location and You do not notify Brains Car Rentals by calling [PHONE NUMBER], by going online at Brains Car Rentals.com or utilizing the Brains Car Rentals app at least 12 hours prior to Your scheduled return date /time. Failure to notify Brains Car Rentals of any change in Your scheduled return date/time or location will result in a one-time fee of $[ ] plus the cost of the rental based on the actual day and location of return. Rental rates are subject to increase if any change is made to Your rental, including a change to extend the rental or changing the return location (drop fees may apply).
      • LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, Brains Car Rentals may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Brains Car Rentals location. If You lock the keys/key fob in the Car and request assistance from Brains Car Rentals, Brains Car Rentals may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Brains Car Rentals location.
    20.  
      • LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS units, Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify Brains Car Rentals, and You will be responsible for replacement, delivery, and service costs.
      • SMOKING FEE. In the event it is determined by Brains Car Rentals personnel that You smoked in the Car (based on odor, test strips, or other mechanisms) or the Car smells of cigarette, marijuana, or other smoke, You will be charged a $[ ] fee.
      • ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day.
      • Charges will continue to accrue until the Car is returned to Brains Car Rentals or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to Brains Car Rentals.

    21. Refueling Options

        Most Brains Car Rentals Rentals come with an almost full tank of gas, but that is not always the case. There are three refueling options: 
      • IF YOU DO NOT PURCHASE FUEL FROM Brains Car Rentals AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Brains Car Rentals a charge for fuel.
      • IF YOU DO NOT PURCHASE FUEL FROM Brains Car Rentals AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Brains Car Rentals will charge You a Fuel and Service Charge at the applicable per-mile/kilometer or per-gallon rate specified on the Rental Record.
      • The per-mile/kilometer rate is used if You do not buy fuel during the rental. To calculate this amount, Brains Car Rentals multiplies the number of miles driven, as shown on the Car’s odometer, times the per-mile/kilometer rate shown on the Rental Record.
      • The per-gallon rate is used if you buy fuel during the rental but the tank is not as full when you return the Car as when you received it. To calculate this amount, Brains Car Rentals multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the per-gallon rate.
    22.  Although two methods are used for ease of calculation, the per-mile/kilometer and per-gallon rates produce approximately the same result. 
      • IF YOU CHOOSE TO PURCHASE FUEL FROM Brains Car Rentals AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except in the following cases:

      • For rentals other than Replacement Rentals, if You drive the Car 75 miles or less and return it with less than a full tank of fuel, You will receive credit for the amount previously charged for the purchase of fuel from Brains Car Rentals and will be charged for the fuel used at the per-mile rate shown on the Rental Record, but only if this will reduce the amount You pay for fuel.

    23. Arbitration and Class Action Waiver

         THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND US (“US” AND “WE” FOR THE PURPOSES OF THIS ARBITRATION PROVISION MEANS THE Brains Car Rentals CORPORATION, (“Brains Car Rentals”), ITS PARENT AND AFFILIATE CORPORATIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND ANY VENDOR OR THIRD PARTY PROVIDING SERVICES FOR THE RENTAL TRANSACTION) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and we remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of your billing address unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or we may commence arbitration by providing a written demand for arbitration to the other (to us, The Brains Car Rentals [10100 ridge st lanham MD  20706] Attn: [                                                                                                                                     ]) and two copies of the demand to the AAA. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT Brains Car Rentals.com OR BY MAIL TO The Brains Car Rentals, [ADDRESS], Attn: [Legal Department]. Include Your name, address, the number at the top of the Rental Record, and a clear statement that You do not agree to this Arbitration Provision. If You have previously notified Brains Car Rentals of Your decision to opt out of arbitration, You do not need to do so again. 

      Responsibility for Property

        You agree that Brains Car Rentals is not responsible to you, any Authorized Operators or anyone else for any loss of or damage to your or their personal property caused by your or their acts or omissions, those of any third party or, to the extent permitted by law, by Brains Car Rentals’s negligence. You and any Authorized Operators hereby waive any claim against Brains Car Rentals, its agents or employees, for loss of or damage to Your or anyone else’s personal property, which includes, without limitation, property left in any Brains Car Rentals vehicle or brought on Brains Car Rentals’s premises, caused by You or any Authorized Operator, by any third party or, to the extent permitted by law, by Brains Car Rentals’s negligence whether in whole or in part. You and any Authorized Operators agree to indemnify and hold Brains Car Rentals harmless from any claim against Brains Car Rentals for loss of or damage to personal property that is connected with any rental under this agreement. 

      Liability Protection

         The following subparagraph (a) applies if the provisions of Your CDP number or rate plan shown on the rental record, if any, or, in the case of a replacement rental, the applicable contract, if any, between Brains Car Rentals and the automobile insurer which is responsible for the damage to or loss of Your vehicle (a “Responsible Insurer”), include the extension by Brains Car Rentals of liability protection:
      • WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, Brains Car Rentals WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS, UNLESS HIGHER LIMITS APPLY FOR THE CDP NUMBER OR RATE PLAN SHOWN ON THE RENTAL RECORD. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, Brains Car Rentals HAS, AS THE INSURED, WAIVED AND REJECTED THE INCLUSION OF ANY SUCH COVERAGE. If 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. Brains Car Rentals warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have. TO THE EXTENT PERMITTED BY LAW, Brains Car Rentals’s DEFENSE OBLIGATIONS TO YOU OR ANY AUTHORIZED OPERATOR HEREUNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED.
    24.  The following subparagraph (b) applies for all rentals other than those noted in subparagraph (a): 
      • IF YOU DO NOT PURCHASE LIABILITY INSURANCE SUPPLEMENT (LIS) (A SUMMARY OF LIS COVERAGE APPEARS BELOW) AT THE COMMENCEMENT OF THE RENTAL AND AN ACCIDENT RESULTS FROM THE USE OF THE CAR, YOUR INSURANCE AND THE INSURANCE OF THE OPERATOR OF THE CAR WILL BE PRIMARY. WHERE PERMITTED BY LAW, Brains Car Rentals DOES NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL. YOU AGREE THAT YOU AND YOUR INSURANCE COMPANY WILL BE RESPONSIBLE FOR HANDLING, DEFENDING AND PAYING ALL THIRD-PARTY CLAIMS FOR BODILY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE CAUSED BY OR ARISING FROM THE USE OR OPERATION OF THE CAR DURING THE RENTAL (THIRD-PARTY CLAIMS). YOU REPRESENT AND WARRANT THAT YOUR INSURANCE IS SUFFICIENT TO SATISFY THE MINIMUM APPLICABLE FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD Brains Car Rentals HARMLESS FROM AND AGAINST, AND WILL DEFEND Brains Car Rentals AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL PLUS COSTS AND ATTORNEYS’ FEES. UNLESS REQUIRED BY LAW, Brains Car Rentals DOES NOT PROVIDE ANY “UNINSURED” OR “UNDERINSURED” MOTORIST PROTECTION, PHYSICAL DAMAGE PROTECTION FOR THE CAR, “NO-FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THE RENTAL AND Brains Car Rentals AND YOU HEREBY WAIVE AND REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF SUCH PROTECTION. WHERE Brains Car Rentals IS REQUIRED BY LAW TO PROVIDE ANY PROTECTION IN SPITE OF THIS AGREEMENT, SUCH PROTECTION SHALL BE SECONDARY OVER AND ABOVE ANY OTHER POLICIES (WHETHER PRIMARY OR EXCESS), IN AN AMOUNT NOT TO EXCEED THE MINIMUM STATUTORY FINANCIAL RESPONSIBILITY LIMITS OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS. Brains Car Rentals MAY PROVIDE SUCH LIABILITY PROTECTION UNDER A CERTIFICATE OF SELF-INSURANCE OR AN INSURANCE POLICY.
      • YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD Brains Car Rentals, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM,
    25.  
      DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPENSE OF ANY KIND (A “LOSS”) , ARISING FROM THE USE OR POSSESSION OF THE CAR BY YOU OR ANY OTHER OPERATOR(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY Brains Car Rentals TO ENFORCE ANY OF ITS RIGHTS HEREUNDER, UNLESS SUCH LOSS ARISES OUT OF Brains Car Rentals SOLE NEGLIGENCE. 
      • The Car may not be driven into Mexico or out of the country without first obtaining specific written permission from Brains Car Rentals, which permission may be withheld in Brains Car Rentals sole discretion. If permitted, You must first obtain through Brains Car Rentals insurance valid in Mexico. Brains Car Rentals does not provide any liability protection with this Agreement while a Car is in Mexico or out of the united states

    26. Accidents, Theft and Vandalism

      1. Reporting Requirements: You need to report any accident, theft, or vandalism involving the car to both Brains Car Rentals and the local police. Timeliness and accuracy are emphasized.
      2.  Gathering Information:  It's recommended that you collect details from witnesses, other vehicles involved, and their drivers and owners. This includes insurance information. The more information, the better.
      3. Document Submission: If you or any authorized driver receive any documents related to the incident, such as legal papers, they must be promptly given to Brains Car Rentals.
      4. Cooperation:  You and any authorized drivers must fully cooperate with Brains Car Rentals in investigating the incident and defending any resulting claims. Failure to cooperate fully may jeopardize liability protection, as well as other coverages like PAI/PEC (Personal Accident Insurance/Personal Effects Coverage), LIS (Liability Insurance Supplement), and LDW (Loss Damage Waiver).
      5. Authorization:  You and authorized drivers grant Brains Car Rentals the authority to obtain records or information related to the incident. You also consent to the jurisdiction of the courts in the location where the incident occurs and waive any right to object to such jurisdiction.
      In simpler terms, if something goes wrong, report it promptly, gather as much information as possible, and work closely with Brains Car Rentals. Failure to do so might put certain protections at risk.
        Brains Car Rentals will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.  
      Insurance Coverage: Clients opting for insurance coverage through Brains Car Rentals will incur a daily fee of $25. This coverage includes a deductible of $1000, which is the sole responsibility of the renter in the event of any damage. Should the cost of repairs be less than $1000, the renter will bear the full expense. This policy is an integral part of the rental agreement with Brains Car Rentals.                                                                                                                           

    27. ---

      Communication Agreement:

      1. Communication Channels: During the rental period, Brains Car Rentals reserves the right to communicate with the renter using various channels, including but not limited to email, phone calls, and text messages, for matters related to the rental agreement.
      2. Mutual Commitment to Communication: Both parties, the rental company and the renter, acknowledge the importance of timely and effective communication. Ghosting, defined as the practice of non-responsiveness after multiple attempts to communicate through phone calls, text messages, or emails, is deemed unacceptable.
      3. Communication Resolution: In the event of non-response or lack of communication from either party after reasonable attempts have been made, it is agreed that both parties will make diligent efforts to re-establish communication promptly. This may involve acknowledging and responding to missed calls, text messages, or emails within a reasonable timeframe.
      4. Impact of Non-Communication: Failure to adhere to this communication agreement may result in actions being taken by Brains Car Rentals, including but not limited to, termination of the rental agreement, denial of future rentals, or pursuit of legal remedies.
      5. Acknowledgment: By accessing and using our services, both parties affirm their understanding of and commitment to the communication terms outlined in this agreement.

    28. Privacy

         Brains Car Rentals may collect and use personal data about you in accordance with Brains Car Rentals Privacy Policy (the “Privacy Policy”). Pursuant to the Privacy Policy, You have the option to limit use or sharing by Brains Car Rentals of personal data about you for marketing purposes and You may access and correct data about You. The Privacy Policy explains these options and provides information about how to choose an option. A full copy of Brains Car Rentals’s Privacy Policy, which is subject to change by Brains Car Rentals from time to time, may be obtained at the rental location at which your rental commences or by clicking on the Privacy Policy link at www.Brains Car Rentals.com 

      Waiver of Change of Terms/Governing Law

         
      • No term of this Agreement may be waived or changed except by a writing signed by an expressly authorized representative of Brains Car Rentals. Rental representatives are not authorized to waive or change any term of this Agreement.
      • This Agreement is governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of law rules thereof, and You irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
    29.  
      • If any provision of this Agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to the jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of this Agreement, which shall continue in full force and effect. If any provision of this Agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).

    30. Payments to Intermediaries

        If you arranged for this rental through a travel agent, internet travel site, broker or other intermediary acting on your behalf, Brains Car Rentals or an affiliate of Brains Car Rentals’ licensor may have paid commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with Brains Car Rentals or the overall volume of business that party books with affiliates and licensees of Brains Car Rentals’s licensor. For details on such compensation, You should contact that party. 

      Recovery of Costs

         Except if prohibited by applicable law or arbitration rule, in any arbitration or other legal proceeding between You and us, the prevailing party shall be entitled to receive from the other party the prevailing party’s costs and expenses incurred in such arbitration or legal proceeding, including reasonable attorneys’ fees, arbitration or court costs, and arbitrator’s fees.

    31. 1. Traffic Violations Responsibility

      By renting a vehicle from Brains Car Rentals, you agree that any speeding ticket, red light camera ticket, or similar violation incurred by you or the vehicle during your possession is your sole responsibility. Brains Car Rentals disclaims any involvement in these incidents and will not bear any responsibility. You are obligated to promptly pay any such tickets to avoid doubling according to US standard traffic violation laws. In the event of non-payment, Brains Car Rentals reserves the legal right to provide your rental information to the authorities and transfer these violations to you, this rental information includes your driver's license, driving records AND PERSONAL INFORMATION. By accepting these terms, you waive your rights to contest or oppose this process, and  agreeing to cooperate fully. If necessary, Brains Car Rentals may proceed to court, and you will be held responsible for all associated fees, including but not limited to attorney fees and other expenses incurred by the company.

    32. Tire Damage Responsibility

      Brains Car Rentals will not be held responsible for flat tires resulting from incidents such as picking up a nail or hitting a curb that causes damage to the tire. We commit to assisting you by connecting you to quick tire services to expedite the resolution process. It is your full responsibility to address and cover the costs associated with these incidents. Brains Car Rentals will only be responsible if the tire damage is due to an inherently defective tire. We prioritize the safety of our customers, and our vehicles are maintained to high standards to minimize such occurrences.

    33. Enforcement and Remedies in Case of Non-Payment


"In the event of non-payment or failure to make a timely payment for the rental services provided by Brain's Car Rentals, it shall be considered a breach of contract. The Renter acknowledges that such non-payment may be deemed a violation and will result in the repossession of the rented vehicle. Brain's Car Rentals reserves the right to pursue legal action for the recovery of outstanding payments. The Renter further acknowledges that, upon non-payment, they are in illegal possession of the vehicle, and Brain's Car Rentals may take immediate possession of the vehicle without notice or due process. Additionally, Brain's Car Rentals may proceed with legal steps to recover the outstanding payments and pursue any applicable damages."            


38.THIRD PARTY ASSETS AND WINDOW TINTING      

  1.   Prohibition of Third-Party Additions:  Customers are strictly prohibited from adding any third-party items or performing any body modifications on Brains Car Rentals vehicles without obtaining express, written permission from Brains Car Rentals' head office. 
  2. Body Modifications:     Body modifications, including but not limited to tinted windows, additional accessories, or alterations to the exterior of the vehicle, are strictly prohibited without the written consent of Brains Car Rentals. 
  3. Written Permission Requirement:   Customers must obtain written permission from Brains Car Rentals' head office before implementing any modifications or adding third-party items to the rented vehicle. 
  4. Unauthorized Modifications:  Any modifications made to the vehicle without written permission from Brains Car Rentals are deemed unauthorized and may result in additional charges, fines, or legal action. 
  5. Penalties for Violation:   Violation of this clause may result in penalties, charges for reversing modifications, and termination of the rental agreement. Legal action may be taken to recover damages or losses incurred.  List of Prohibited Modifications:  - Tinting of windows - Addition of aftermarket accessories - Changes to the vehicle's body structure - Installation of non-approved electronic devices - Any modifications affecting the vehicle's performance, safety, or appearance 
  6. Strong Warning:  Adding tints to the vehicle's windows is expressly forbidden and may lead to severe penalties, including fines and legal action. Tinted windows pose safety risks and hinder visibility, which is crucial for safe driving.

39. Vehicle Impoundment and Client Responsibilities 


In the event that the rented vehicle from Brains Car Rentals is towed by any towing enforcement agency, it is the full responsibility of the client to promptly retrieve the vehicle from impoundment within 24 hours. The client is also responsible for any fines, citations, or charges incurred as a result of towing. Brains Car Rentals assumes zero responsibility for these circumstances. The number of days the vehicle spends at the impound lot, beyond the initial 24 hours, will be counted as rented days, and this has no bearing on the required impoundment fees charged by the towing company. Failure to retrieve the vehicle within the specified 24-hour timeframe will be considered abandonment of rented property, and Brains Car Rentals reserves the right to press charges. By renting with Brains Car Rentals, clients waive their rights to contest such allegations in the courts of law.

40. Routine Vehicle Health Inspections for Extended Rentals 

For all rentals exceeding 14 days, Brains Car Rentals reserves the right to conduct a standard inspection of the rented vehicle. This inspection will include a test drive and may involve switching the vehicle if deemed necessary for the optimal health and performance of the vehicle. The inspection will be scheduled at the client's convenience and will occur after every 14 days of the rental period. To ensure mutual convenience, inspections will take place within daylight hours at a location agreed upon by both parties. This proactive measure is implemented to ensure the well-being of the vehicle and to enhance the overall experience for the client. By entering into a rental agreement with Brains Car Rentals, clients agree to cooperate and facilitate these routine inspections for the smooth operation of the rented vehicle.

Please review these updated terms and conditions carefully before proceeding with your rental. Your continued use of our services implies your acceptance of these terms.
If you have any questions or concerns, feel free to contact our customer service team.
Thank you for choosing Brains Car Rentals With Everything Nice LLC