Rental Program Terms & Conditions
These Rental Program Terms & Conditions (the "Terms & Conditions") and any other document included herewith or which you are requested to complete or sign when you rent the Vehicle, including, but not limited to, the Rental Reservation Form, Rental Contract, and any Damage Report, together constitute an agreement (the "Rental Agreement") for the rental of the Vehicle that is identified in the Rental Reservation Form. The Rental Agreement is between You (you are also referred to in this Agreement as the "Customer") and Regency Auto Center, LLC. ("We," "Us," "Our," or the "Dealership").
1) Rental. Your rental of the Vehicle merely constitutes a transfer of possession and not of ownership.
2) Definition of Vehicle. The word "Vehicle" means the Vehicle rented to You, which is identified in the Service Rental Reservation Form, and includes tires, tools, keys, key fobs, equipment, accessories, plates, documents and any other products or property provided by the Dealership with the Vehicle.
3) Return of Vehicle. You agree to return the Vehicle to the Dealership in the same condition you received it (ordinary wear due to reasonable use excepted) on the date and at the tiime specified in the Service Rental Reservation Form, and in any case, no later than the 29th day after the date you picked up the Vehicle from the Dealership. You must return it sooner if we demand. If you return it later, you may be charged a late return fee. You may not return the Vehicle outside of the Dealership's operating hours, and if you do return the Vehicle outside of operating hours, you will remain responsible for any damage or loss incurred until the Dealership has inspected and accepted the Vehicle on the next day the Dealership is open for business.
4) Extension of Rental Period. You may request to extend your rental period by contacting the Dealership. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. In any event, the Vehicle must be returned to the Dealership at least every 29 days for inspection.
5) Rental & Other Charges
(a) Daily Rental. You will pay the rate per day for the period of time you rent the Vehicle as indicated on the Service Rental Reservation Form. The minimum charge is one day (24 hours). The daily charge applies to consecutive 24-hour periods, or any portion of a 24-hour period, starting at the hour and minute the rental begins.
(b) Cleaning Fee. You will pay a fee in the amount of $35.00 for cleaning the Vehicle upon return.
(c) Additional Cleaning Fee. You will also pay a fee in the amount of $200.00 for cleaning the Vehicle's interior upon return if any stains, dirt, odor (including without limitation tobacco smoke or pets), or soiling attributable to your use that cannot be cleaned with our standard post-rental procedures as determined by Us in our sole discretion. The Vehicle should be returned to Us in the same condition in which you received it.
(d) Tolls & Parking or Traffic Violations. You will pay all toll and parking occurences, traffic and toll violations, towing, storage, and impoundment expenses and fees charged to the Vehicle and arising out of the use, possession or operation of the Vehicle while the Vehicle is rented to You (collectively, "Tolls, Parking, and Traffic Expenses"). You authorize the Dealership to release your billing and rental information to any entity or organization attempting to collect any Tolls, Parking and Traffic Expenses and/or charge your credit or debit card or other billing account for the amount of such Tolls, Parking and Traffic Expenses.
(e) Recovery & Collection Expenses. You will pay all cost of any kind incurred by the Dealership in recovering the Vehicle from You, from any Authorized Driver, from any other driver with Your, his or her permission, or from a governmental authoriity or other bailee, if the Vehicle is seized or impounded as a result of its use by You, any Authorized Driver, or any other driver with Your, his or her permission. Additionally, You will pay all costs of any kind incurred by the Dealership in collecting any charge from You or the person, corporation or other entity to whom they are billed, including all attorney fees and court costs.
(f) Late Payment Fees. You will pay late payment fee of $30 if any amount is not paid within 30 days of an invoice. Unpaid amounts will also accrue interest at a rate of 15% per year.
(g) Lost Keys and Lockouts. If the key(s) or key fob(s) are not returned with the Vehicle, you may be charged additional fees. You will pay any towing or locksmithing costs incurred by the Dealership as a results of lost key(s) or key fob(s) or as a result of key(s) or key fob(s) being locked in the Vehicle.
(h) Fuel Service Charge. If you do not return the Vehicle with at least the amount of fuel indicated by the Current Fuel Level on the Service Rental Reservation Form, you will pay a charge equal to the sum of (i) the gallons of fuel required to bring the Vehicle's fuel level up to its pre-rental Current Fuel Level multipled by the price of "Gasoline-Premium-Conventional Areas" listed in the most recent Weekly Retail Gasoline and Diesel Prices report published by the U.S. Energy Information Administration plus (ii) a $2.00 per gallon service charge.
6) Your Responsibility for Damage or Loss of the Vehicle. You are responsible for any and all loss or damage to the Vehicle resulting from any cause, including colllision, accident, vandalism, theft, seizure, flood, fire, hail or other acts of nature, regardless of fault.
7) Power of Attorney. You grant the Dealership a power of attorney to present claims for damage to or loss of the Vehicle to your insurance carrier or any other applicable third party.
8) Prohibited Vehicle Usages. Neither You nor any Authorized Driver may use or permit the Vehicle to be used for any Prohibited Vehicle Usage listed on the Rental Contract or in any other way that would constitute a breach of the Rental Agreement. A breach of this paragraph will make you responsible to the Dealership, to the fullest extent permitted by law, for the actual and consequential damages caused by the breach, including the Dealership's attorneys' fees.
9) Liability Protection. Any liability protection provided by the Dealership will be secondary to, and not in excess of, any applicable insurance available to You, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way.
10) Indemnification. You will defend, indemnify, and hold the Dealership, its parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by the Dealership in any manner from this rental transaction or from the use of the Vehicle by You or any person, including claims of, or liabilities to, third parties.
11) Waiver. YOU WAIVE ANY CLAIM AGAINST THE DEALERSHIP FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
12 Property in the Vehicle. We are not responsible for loss of, theft, or damage to any property that is (i) in or on the Vehicle, (ii) on our premises, or (iii) received or handled by Us, regardless of who is at fault. You will be responsible to the Dealership for claims by others for loss or damage caused by You or Your property.
13) Governing Law & Dispute Resolution. THE RENTAL AGREEMENT IS GOVERNED BY THE LAWS OF THE STATE OF OKLAHOMA.
(a) Pre-Dispute Procedures. Before asserting a claim in any proceeding (including, but not limited to, in an individual mediation or arbitration proceeding or in a small claims court proceeding), You and the Dealership agree that each shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against the Dealership, You must send a written notice of the claim to Regency Auto Center, LLC, c/o Resolution Legal Group, Attn: Russell Wantland, 1214 N. Hudson Ave., Oklahoma City, OK 73103. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30-day period.
(b) ARBITRATION PROVISION: THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE. BY ENTERING INTO THIS AGREEEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for small claims as provided for below, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS. YOU AND THE DEALERSHIP EACH WAVE THE RIGHT TO TRIAL BY JURY. You and the Dealership remain free to bring any issues to the attention of the government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or commnication between us, whether based in contract, tort, statute, fraud, misrepresetation, 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 Oklahoma County. The American Arbitration Assocation ("AAA") will administer arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or the Dealership may commence an arbitration by providing a written demand for arbitration to the other at the address listed in Section 13(a) above 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 arbitral 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. Disputes and claims that are within the scope of a small claims court's authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a Vehicle related to your Vehicle rental, are exempt from the foregoing dispute resolution provision.
14) Privacy. The Vehicle may allow you to connect your personal phone or device via Bluetooth to the Vehicle's electronic system. If you choose to do so, the Vehicle may automatically load your address book, store incoming, outgoing and missed telephone calls, and other information from your device. You should follow the steps displayed on the Vehicle system screen to delete this information and the device from the Vehicle's memory. The Dealership is not responsible for assuring the privacy of any such information and cannot guarantee that other persons whom you do not authorize will not gain access to this information after you return the Vehicle.
15) Other Important Provisions. You may only transfer your rights or obligations under these Rental Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligation, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with these obligations. If we do waive a default by You, we will only do so in writing, and that will not mean that we will automatically waive any later default by You. Each of the provision of the Rental Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or uneforceable, the remaining provisions will remain in full force and effect.