895 Mt Pleasant St, New Bedford MA 02740

Rental Agreement Terms and Conditions

1.) Agreement” means all terms and conditions found in the Rental Agreement, vehicle inspection form, these Terms and Conditions, any addenda and any additional documents you sign or we provide at the time of rental. “You” or “your” means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our,” or “us” means the independent rental company named elsewhere in this Agreement. “Authorized Driver” means the renter and each additional driver listed by us in this Agreement, as long as each such person has a valid driver’s license and is at least age 21. Only Authorized Drivers are permitted to use the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “CDW” means Collision Damage Waiver. “Collision Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires, wheels or windshields; comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire; or other comprehensive loss not caused by collision or upset. “TWWD” means Tire, Wheel, and Windshield Damage Waiver. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Rental Period, including: use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf. “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 that 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. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs

2.) Condition and Return of Vehicle. This is a contract for the rental of the Vehicle only. You do not have the right to sublease the Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and times noted in this Agreement (or sooner upon our demand) and in the same condition that you received it except for ordinary wear. To extend the Rental Period, you must first obtain our approval by contacting our rental office before the due-in date. If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented unless you purchase a prepaid fuel option. To the extent permitted by law, we may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement.

3.) Indemnity; No Warranties. To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental, your use of the Vehicle or our repossession of it, and/or your use of optional equipment (“Optional Equipment”). We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment that we rent to you for use in the vehicle, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose.

4.) Responsibility for Damage or Loss. You are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision, weather, terrain conditions, acts of God, and vandalism. Your responsibility will include: (a) all damage to the Vehicle 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: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use is payable regardless of fleet utilization; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage=$50 fee; $251-$500 damage=$75 fee; $501-$750 damage=$100 fee; $751-$1500 damage=$150 fee; $1501- $2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors and antenna, as part of the rental charges at the time of return

5.) Certain uses of the Vehicle and other actions by you or another driver or a passenger are prohibited uses “Prohibited Uses”. The following are Prohibited Uses of the Vehicle: (a) by anyone who (i) is not an Authorized Driver, or whose driving license is suspended in any jurisdiction; (ii) is under the influence of a prescription or non-prescription drug, controlled substance, or alcohol; or (iii) lacks experience operating a manual transmission if applicable; (b) 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); (c) to carry persons or property for hire; (d) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (e) in any race, speed test or contest; (f) to carry dangerous or hazardous items or illegal materiel; (g) outside the United States, Canada, or the geographic area described elsewhere in this Agreement; (h) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (i) on unpaved surfaces; (j) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (k) to transport children without approved child safety seats as required by law; (l) when the odometer has been tampered with or disconnected; (m) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (n) with inadequately secured cargo; (o) after an accident with the Vehicle unless and until you summon the police to the accident scene; (p) to transport an animal (other than a service animal); (q) in or through any structure or underpass where there is insufficient clearance (width or height); (r) by anyone who is driving or operating the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in a hands-free mode.; or (s) in a reckless manner or with willful or intentional disregard to the Vehicle or to third parties and their property. The following are also Prohibited Uses: failure to notify us and the police of an accident, theft, or vandalism involving the Vehicle; providing false, misleading or fraudulent information to us or withholding information that would have caused us not to rent the Vehicle; and smoking or vaping any substance in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT, AUTOMATICALLY TERMINATES YOUR RENTAL, AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTENT PERMITTED BY LAW).

6.) Collision Damage Waiver; Tire, Wheel and Windshield Damage Waiver. If we offer, and you purchase, CDW, we agree to waive our right to collect from you for all or a portion of Collision Damage as noted on the Rental Agreement. If we offer, and you purchase, TWWD, we agree to waive our right to collect from you for tire, wheel and windshield damage to the Vehicle. CDW and TWWD are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW and TWWD do not apply to Optional Equipment. Any CDW and TWWD purchased by you will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Vehicle, if the damage or loss: (a) is caused intentionally, willfully or wantonly by an Authorized Driver; (b) occurs while an Authorized Driver operates the Vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined and determined under the law of the state where the damage occurs; (c) is caused while an Authorized Driver is engaged in any speed contestAuthorized Driver; (b) occurs while an Authorized Driver operates the Vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined and determined under the law of the state where the damage occurs; (c) is caused while an Authorized Driver is engaged in any speed contest; (d) is

NO SMOKING POLICY

All cars are non-smoking vehicles. Union Auto prohibits guests and their passengers from

smoking in any car. This No Smoking Policy covers the use of, but is not limited to, any

tobacco or tobacco-related products, marijuana or marijuana substitutes, e-cigarettes or

personal vaporizers.

Renter Responsibilities

If it is proven that you’ve violated Union Auto’s No Smoking Policy, either by smoking or

allowing your passengers to smoke, Union Auto will not rent anymore vehicles to the

renter or renters listed on the agreement

You may not smoke in any car, even if you believe a previous renter may have done so. If

you return a car with smoking odor or other evidence of smoking the renter will be

charged a fee of $500.00.

Se the list of smoking fees below:

  • Smoking Odor Only: $250.00

A smoking odor only fee can be charged for lingering smoke scent that requires premoval.

  • Smoking- Odor with Evidence: $500.00-$1000.00

A smoking odor with evidence fee can be charged for smoke scent removal and cleaning of physical remnants of smoking (ex. ash, cigarette butts, etc.)

  • Multiple Cleaning Issues: $250.00-$1000.00

A multiple cleaning fee can be charged for any combination of cleaning smoking and/or pet hair issues.

  • The vehicle must be returned in the same conditions it was rented to avoid

fees ranging from $150.00- $1000.00