Terms + Conditions
RENTAL TERMS AND CONDITIONS: Some good ol’ legalese!
The following Rental Terms and Conditions are part of and are expressly incorporated into the Vehicle Rental Agreement (the “Agreement”) between Renter and TAC.
1. Renter Obligations. Renter shall use the Rental Vehicle for personal transportation of Renter and Renter’s friends and family only. Smoking is not permitted in the Rental Vehicle. The Rental Vehicle may not: (a) be used for commercial purposes, including as a ride share vehicle (e.g. Uber or Lyft); (b) be operated by anyone other than the Vehicle Operators listed in the Agreement; (c) be rented or subleased without written approval of TAC; (d) be operated “off road” or anywhere other than maintained roads and parking areas with sufficient grading to avoid damage to the Rental Vehicle; (e) be operated outside of the United States and Canada; or (f) be operated under the influence of drugs or alcohol. Renter shall ensure that all occupants of the Rental Vehicle wear a seatbelt at all times that the Rental Vehicle is in operation, and that occupancy of the Rental Vehicle does not exceed the number of seatbelts. Renter shall comply at all times with all applicable laws and regulations. Renter shall return the Rental Vehicle in clean and undamaged condition with a full gas tank and all water and waste holding tanks emptied (if applicable). Renter and all operators of the Rental Vehicle must be at least 25 years old.
2. Operation of Rental Vehicle. Renter acknowledges that the Rental Vehicle may be large or have unfamiliar attachments, may handle differently than standard passenger vehicles, and may require more clearance above, behind, in front of, or beside it to operate safely. Spotters are recommended when backing the Rental Vehicle. Renter acknowledges the height, width and length of the Rental Vehicle as specified in this Agreement and shall comply with posted size limitations for all underpasses, parking structures, and similar situations. Rental Vehicles that are trailers may not be occupied by any individuals while in motion.
3. Rental Fees and Costs. Renter agrees to pay fees (“Fees”) for the use of the Rental Vehicle as set forth on the attached Reservation document. Renter shall be responsible for the cost of all tolls, traffic tickets, parking fees, and any other amounts incurred in the use of the Rental Vehicle. In the event that TAC is required to pay any such amounts, Renter authorizes TAC to charge such amounts to Renter’s credit card or against Renter’s Deposit, and otherwise agrees to pay such amounts immediately upon demand to TAC.
4. Rental Deposit. Renter shall deposit an amount equal to $1,000.00 (the “Deposit”) as security for the timely return of the Rental Vehicle without damage and payment of all amounts due pursuant to the Agreement. The Deposit may be used by TAC to cover the cost of any damage, Fees, gas, or other obligations of Renter, but shall not limit such obligations. TAC shall inspect the Rental Vehicle within 48 hours after return and any Deposit remaining after amounts due to TAC shall be refunded to Renter approximately 7 days after the end of the Rental.
5. Insurance. Renter is responsible for all damage or loss Renter may cause to the Rental Vehicle and to others. Renter must provide TAC with proof of insurance indicating that Renter holds primary motor vehicle liability, collision and comprehensive insurance covering Renter, TAC, and the Rental Vehicle. Such insurance coverage must provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. TAC also provides an insurance policy (“Policy”) that provides automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance TAC is required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. PIP, medical payments, no‐fault, uninsured or under‐insured motorist coverage will be for the minimum limits required by applicable law. Renter must: (a) report all damage to TAC and all accidents to TAC and the police as soon as Renter discovers them and complete TAC’s incident report form; and (b) provide TAC with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Rental Vehicle. Coverage under the Policy is void if Renter provides the Rental Vehicle to an unauthorized driver or otherwise materially breaches this Agreement; or if Renter fails to cooperate in a loss investigation or to file a timely and accurate incident report.
6. Renter Responsibility for Damage. Renter has inspected the Rental Vehicle prior to use and reported any damage or malfunction prior to beginning the Rental. Any damage or missing equipment observed at the end of the Rental that was not reported prior to the Rental will be deemed to have occurred during the Rental. Renter must immediately report all accidents or incidents of theft or vandalism to the police and provide a copy of the police report to TAC within 24 hours of such accident or incident. If the Rental Vehicle is returned outside of normal business hours, Renter shall remain responsible for damage or theft occurring prior to TAC’s receipt and acceptance of the return. TAC will inspect the Rental Vehicle within 48 hours of return. If the Rental Vehicle or equipment is damaged or lost during the Rental for any reason regardless of fault Renter acknowledges and agrees that he or she will be responsible for the cost to repair or replace the same (as determined in TAC’s discretion) (including, without limitation, any insurance deductibles). Smoke or pet odors in the Rental Vehicle will be considered damage and Renter will be responsible for the cost to eliminate such odors. Renter shall also be liable for TAC’s loss of use of any Rental Vehicle that requires cleaning or repairs based upon the amount of time required to effect such cleaning or repairs.
7. Limitation of Liability. TAC’S LIABILITY FOR ANY MALFUNCTION, DAMAGE OR DEFECT IN THE RENTAL VEHICLE SHALL BE LIMITED TO A REFUND OF THE APPLICABLE FEES PAID BY RENTER IN CONNECTION WITH THE RENTAL. TAC SHALL NOT BE LIABLE FOR ANY OTHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OR LOSSES OF RENTER IN CONNECTION WITH ANY RENTAL, REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER TAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, LOSS OR DAMAGE. TAC is not liable for any personal property left in the Rental Vehicle upon return.
8. Assumption of Risk; Waiver and Release. Renter acknowledges that there are numerous risks involved in use of the Rental Vehicle, including, but not limited to: (a) condition and suitability of the Rental Vehicle, including without limitation latent or patent defects, wear and tear, damage, tire design or condition, or improper use; (b) risks caused by terrain, obstacles, facilities, temperature, and weather; (c) risks caused by other drivers, pedestrians, passengers, and cyclists; and (d) Renter’s skills and facility and the skills and facility of others operating the Rental Vehicle. RENTER ACKNOWLEDGES THAT USE OF THE RENTAL VEHICLE CARRIES OTHER RISKS NOT LISTED HERE, INCLUDING THE POTENTIAL FOR DEATH, SERIOUS INJURY, AND PERSONAL LOSS. Renter acknowledges that TAC has no obligation to provide training or instruction in the use of the Rental Vehicle and assumes all responsibility for having skill and knowledge to safely use the Rental Vehicle. RENTER FREELY AND VOLUNTARILY ASSUMES THE RISKS INVOLVED IN THE USE OF THE RENTAL VEHICLE AND KNOWINGLY AND VOLUNTARILY AGREES TO WAIVE ANY AND ALL RIGHTS TO SUE, AND HEREBY RELEASES, TAC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, ASSIGNS, INSURERS, BONDING COMPANIES, SUBSIDIARIES, PARENT AND RELATED ENTITIES, ATTORNEYS, AND REPRESENTATIVES (COLLECTIVELY, THE “RELEASED PARTIES”) FROM ALL LIABILITY, LOSS, CLAIMS, OR ACTIONS FOR INJURY, DEATH, EXPENSES, OR DAMAGE TO PERSON OR PROPERTY ARISING OUT OF OR RESULTING FROM OR RELATED IN ANY WAY WITH THE RENTAL. THIS WAIVER AND RELEASE IS EFFECTIVE EVEN IF THE INJURY, DEATH OR DAMAGE TO PERSON OR PROPERTY IS CAUSED BY, OR CONTRIBUTED TO BY, ACTIONS OR FAILURE TO ACT OF ANY OF THE RELEASED PARTIES, WHICH ACTIONS OR INACTIONS MAY CONSTITUTE ORDINARY NEGLIGENCE OR A VIOLATION OF ANY APPLICABLE LAW. Neither Renter, nor anyone utilizing the Rental Vehicle through this Agreement, shall make any claim against, maintain an action against, or recover from any of the Released Parties for any injury, loss, damage or death of any individual or to their personal property (regardless of the ordinary negligence by any of the Released Parties and regardless of any alleged violation of an applicable law).
9. Renter Indemnification. RENTER AGREES TO INDEMNIFY, SAVE AND HOLD HARMLESS TAC FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY CONNECTED WITH THE OPERATION OR USE OF THE RENTAL VEHICLE UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFOR AS CHOSEN AND DIRECTED BY TAC AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIMS (INCLUDING WITHOUT LIMITATION CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF TAC).
10. Disclaimer of TAC Warranties. RENTER ACCEPTS THE RENTAL VEHICLE “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. TAC DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES ON THE RENTAL VEHICLE INCLUDING WITHOUT LIMITATION CONDITION OF THE RENTAL OR TIRES, OR FITNESS OF THE RENTAL VEHICLE OR TIRES FOR ANY PARTICULAR PURPOSE
11. TAC Right to Terminate Rental. In the event that TAC determines in its reasonable discretion that the Rental Vehicle is at risk of material damage or loss, TAC shall have the right (but not the obligation) to terminate the Rental and immediately recover the Rental Vehicle from Renter. In such event, no Fees shall be refunded and in addition to all obligations under this Agreement, Renter shall be responsible for all costs incurred by TAC in connection with such recovery (such as towing fees, repairs, and travel costs).
12. Miscellaneous. This Agreement represents the entire agreement between the parties and there are no other agreements in connection with the Rental. Any provision of this Agreement that conflicts with applicable law will be void but the remainder shall stay in full force and effect. This Agreement shall be governed by the laws of the State of Colorado and disputes arising hereunder shall be settled pursuant to final and binding arbitration under the rules of the American Arbitration Association, to be conducted privately and confidentially in the Denver, Colorado metropolitan area by a single arbitrator who is a member of an arbitration service that can provide a former judge to serve as arbitrator. The award rendered by the arbitrator shall be conclusive, and judgment on the award may be entered in any court having jurisdiction. The prevailing party in such arbitration shall be entitled to recover the expenses and costs of such action (including reasonable attorneys’ fees) from the other party.