1. Agreement Structure - This agreement includes:
- These terms and conditions.
- The rental record You are agreeing with.
- Any other signed documents associated with the rental.
- By signing the rental record, you accept all terms and conditions, which collectively form the rental agreement.
2. Nature of the Agreement - You are granted a bailment (permission) to use the vehicle per the terms of this agreement. - Brains Car Rentals - Everything Nice Car Rentals LLC retains ownership of the vehicle.
- No other party may transfer the car or this agreement; any attempted transfer by unauthorized individuals is void.
- You and any authorized operators (those permitted to drive) are not considered agents of Brains Car Rentals - Everything Nice Car Rentals LLC.
- Service or repairs on the vehicle require prior express approval from Brains Car Rentals - Everything Nice Car Rentals LLC. - Brains Car Rentals - Everything Nice Car Rentals LLC provides no warranties, explicit or implied, including merchantability or fitness for a particular purpose.
3. Authorized Operators - Only you, the renter, and any approved individuals may operate the vehicle, defined as follows:
- For California and Iowa rentals: Your spouse, employer, or employees incidental to business duties.
- For designated “Replacement Rentals”: Individuals listed as insured on your automobile policy.
- Other individuals meeting Brains Car Rentals - Everything Nice Car Rentals LLC’ qualifications, signing the “Additional Authorized Operator” form at the rental time.
- All authorized operators must be at least 21, and additional fees apply to operators under 25.
- Only the designated persons, and in limited cases of emergency, may operate the car.
4. Vehicle Return Obligations - Return Condition and Location:
- You must return the vehicle to the original rental location by the agreed-upon due date.
- Failure to return the vehicle to the agreed-upon location may be treated as abandonment.
- Notification for Delays:
- Notify Brains Car Rentals - Everything Nice Car Rentals LLC within 12 hours of your scheduled return time for any changes in return date, time, or location. - Charges for Non-Compliance:
- Changes to return details without notice may result in fees, and unapproved delays may lead to recovery of the vehicle, including filing a police report.
- Damage Liability: - You’re responsible for any damage until the vehicle is inspected and accepted by Brains Car Rentals - Everything Nice Car Rentals LLC.
- Charges for rental time, insurance, and other services continue until the vehicle is returned.
5. Communication Consent - You consent to receive communication via email, phone calls, text messages, and other electronic methods related to your rental.
6. Privacy and Telematics Use - Brains Car Rentals - Everything Nice Car Rentals LLC may use telematics and tracking devices in vehicles for purposes outlined in their Privacy Policy.
- Data may be shared with third parties (e.g., manufacturers and service providers).
- You authorize data collection, tracking, and remote disabling of the vehicle, if needed, and waive any rights to privacy for data collected from telematics.
7. Loss and Damage Responsibility - General Liability:
- If you lack personal insurance or decline Brains Car Rentals - Everything Nice Car Rentals LLC’ optional insurance, you are fully responsible for any loss or damage.
- In-House Insurance Policy: - If purchased, Brains Car Rentals - Everything Nice Car Rentals LLC’ insurance only covers vehicle damage for the rental period and has a strict expiration at the end of the rental period.
- Exclusions: - You’re responsible for tire damage not caused by a defect, and roadside assistance for flat tires is provided only by a third party.
8. Optional Insurance Coverage - Brains Car Rentals - Everything Nice Car Rentals LLC offers optional vehicle protection for an additional charge, which covers financial responsibility for vehicle loss or damage.
- You are encouraged to verify any coverage your credit card or personal vehicle insurance may provide before opting for Brains Car Rentals - Everything Nice Car Rentals LLC’ insurance.
9. Rental Extension Policy - Advance Notice:
- You must provide at least 24 hours’ notice before the original return time for rental extensions. - Eligibility: - Extensions are subject to vehicle availability.
- Fees and Duration: - Extensions incur additional fees, payable in advance. Extensions longer than seven days require approval from customer service.
- Late Returns: - Failure to return the vehicle on time or request an extension will result in additional fees per the standard rates in the rental agreement.
10. Prohibited Car Uses - Restricted Activities:
- Prohibited actions include: unauthorized drivers, reckless driving, driving while intoxicated, using the vehicle for commercial or illegal purposes, or transporting the vehicle outside the U.S. without permission.
- Consequences: - Violating these terms may void any damage liability limits or insurance coverage and result in immediate termination of the rental.
11. Traffic Violations and Tolls - Responsibility:
- You are solely responsible for tolls, traffic, and parking violations incurred during the rental period.
- Non-Payment: - Failure to pay violations may lead to Brains Car Rentals - Everything Nice Car Rentals LLC charging you additional fees for processing, in addition to the original fine.
12. Additional Services and Charges - Extra Services:
- Additional charges apply for services like GPS, child seats, and other add-ons specified on the Rental Record.
- Daily Rates: - Charges for these services are calculated per full or partial rental day.
13. Fuel Policy - Refueling Options:
- You may choose to refuel the vehicle yourself, pay a per-mile charge if returning it with less fuel, or purchase a full tank at the start. - Refueling Fees:
- If the car is returned with less fuel, additional refueling fees apply as specified in the rental record.
14. Arbitration and Class Action Waiver - Dispute Resolution:
- Disputes must be resolved individually via arbitration or small claims court. Class actions or jury trials are not permitted.
- Opt-Out Option: - You may opt out of the arbitration agreement within 30 days of signing by providing written notice to Brains Car Rentals - Everything Nice Car Rentals LLC.
15. Personal Property Liability - Property Loss and Damage:
- Brains Car Rentals - Everything Nice Car Rentals LLC is not liable for any loss or damage to personal property left in the vehicle or brought to Brains Car Rentals - Everything Nice Car Rentals LLC premises.
- Indemnification: - You waive any claim against Brains Car Rentals - Everything Nice Car Rentals LLC for property loss and agree to hold Brains Car Rentals - Everything Nice Car Rentals LLC harmless in case of such losses.
16. Modifications and Window Tinting - Unauthorized Alterations:
- No third-party modifications, including tinted windows or body alterations, are allowed without written permission. - Penalties: - Unauthorized modifications may result in additional charges, fines, or legal action.
17. Routine Inspections for Extended Rentals - Inspection Schedule:
- Vehicles rented for over 14 days are subject to regular inspections every two weeks, including a test drive and potential replacement for optimal vehicle health.
18. Traffic Violations and Enforcement of Non-Payment - Violation Handling:
- All traffic violations incurred during the rental are your responsibility. Brains Car Rentals - Everything Nice Car Rentals LLC may provide your information to authorities for unresolved tickets.
- Non-Payment Consequences:
- Failure to pay for rental services may result in repossession and legal action. Brains Car Rentals - Everything Nice Car Rentals LLC reserves the right to recover the vehicle without notice in such cases.
19. Acknowledgment of Reporting System Consent and Waiver of Rights - Centralized Violation Reporting:
Pursuant to the Maryland Personal Information Protection Act (PIPA), we are committed to safeguarding your personal information and limiting its disclosure unless otherwise permitted by you or with your consent.
Acknowledgment of Reporting System Consent and Waiver of Rights
By signing this agreement and renting from us, you acknowledge and accept that:
1. We maintain a centralized reporting system that tracks violations of our rental agreements.
2. This reporting system exists solely to collect data on breaches of our rental terms and to identify individuals who may be restricted from future rentals to ensure legal compliance and maintain business integrity.
3. In the event of a violation of this rental agreement, you consent to the reporting of such violations in our centralized system, which may include personal information such as names, contact details, and driver’s license information.
4. You expressly waive the right to contest the validity of this reporting system and the use of your personal information in this context in any court of law.
20. Acceptance and Communication Agreement - Agreement to Terms: - By using Brains Car Rentals - Everything Nice Car Rentals LLC’ services, you affirm your acceptance of these terms.
- Non-Communication Clause:
- Failure to respond to communication attempts from Brains Car Rentals - Everything Nice Car Rentals LLC may result in termination of the rental agreement or denial of future rentals.
- Acknowledgment: - You agree to comply with these communication terms and facilitate communication as required.