Obb Budget

[Valda Atkeson]

THESETERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.

2. AGREEMENT: These terms and conditions, the Rental Document signed by you, any other supplemental Budget forms or brochures attached to, or included with, the Rental Document, and a return record with computed rental charges together constitute the rental agreement between you and us. It is the entire agreement between us concerning this rental. Any change in this agreement or our rights must be in writing and signed by an authorized Budget Truck Rental, LLC officer. You also agree that you are not our agent for any purpose. Your copy of this agreement should be carried in the truck at all times during the rental. By signing the Rental Document you agree to all the terms and conditions of this agreement. If any provision of this agreement is ruled by a court of competent jurisdiction to violate any applicable law, then that provision will not be enforced to the extent of such ruling but the remainder of this agreement will remain in effect.

4. PROHIBITED USE OF TRUCK: Certain uses of the truck and other things you or an Authorized Additional Driver may do, or fail to do will violate this agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO LIABILITY PROTECTION, SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENTINSURANCE, CARGO PROTECTION, EXTENDED ROADSIDE ASSISTANCE, OPTIONAL PHYSICAL DAMAGE WAIVER, LIMITED DAMAGE WAIVER OR COMMERCIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this paragraph if you use or permit the truck to be used as follows:

c) When the Truck or any Towing Equipment is overloaded, which means any load that would make the Truck or Towing Equipment exceed the allowable gross weight (empty weight of the Truck or Towing Equipment plus weight of load) specified by the manufacturer indicated on the Truck or Towing Equipment, nor with any load improperly placed or secured;

k) In any area that poses an unusual danger of damage to the Truck, such as areas of strike, labor or civil disruption or violence, or natural disaster like hurricanes, floods, fires, earthquakes or mudslides where such circumstances are reasonably foreseeable;

o) Fail to promptly report any damage to or loss of the Truck when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate fully with our investigation; or where required by law, failed to report an accident to law enforcement;

q) To video our trucks or trademarks, service marks, or copyrighted material including but not limited to any logos or characters without the express written consent of Budget Truck Rental, LLC, except to the extent permitted by law.

6. FUEL: RENTAL RATES DO NOT INCLUDE THE COST OF FUEL. THE TRUCK WILL HAVE A FULL TANK UPON COMMENCEMENT OF THE RENTAL. YOU UNDERSTAND THAT YOU ARE RESPONSIBLE FOR ALL FUEL DURING THE COURSE OF THE RENTAL. YOU UNDERSTAND THAT IF THE LOCATION TO WHICH YOU RETURN THE TRUCK DOES NOT SELL FUEL OR OFFER OPTIONAL REFUELING SERVICE, THEN YOU MUST RETURN THE TRUCK WITH A FULL FUEL TANK. If the return location sells fuel, you understand that you my fill up the fuel tank at your expense at the location at its then posted rate for fuel or at any fuel retailer of your choice. If you elect not to refill the fuel tank prior to return, you agree to pay a refueling service charge, in addition to (a) the actual retail fuel cost to refill the truck (if the location sells fuel) or (b) a competitive per gallon rate to refill the truck (measured from the factory installed fuel gauge in 1/8th increments.) You understand that fuel or optional refueling services are not available at all locations and the charges will vary by location. The competitive per gallon rates may be higher than retail fuel prices at fuel retailers, such as service stations. You agree to contact the return location before returning the Truck to verify availability of and charges for fuel or optional refueling service.

7. RETURN OF THE TRUCK: You will return the Truck to us, in the same condition as when you rented it, on the due date and at the time specified on the Rental Document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You will return the Truck to the location at which you rented it unless a different return location is designated on the Rental Document. IF YOU DO NOT RETURN THE TRUCK TO THE PROPER RETURN LOCATION, YOU WILL PAY A CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHARGE FOR DOING THAT AND UNDERSTAND THAT YOUR RENTAL RATE MAY CHANGE. If no due date and time are specified on the Rental Document, you will return the Truck upon the earlier of our demand or three (3) days of the date the Truck was rented. IF THE TRUCK IS NOT RETURNED BY THE DUE DATE AND TIME SPECIFIED ON THE RENTAL DOCUMENT, YOU WILL PAY A LATE CHARGE AND UNDERSTAND THAT THE RENTAL RATE MAY CHANGE. A SERVICE CHARGE OF $25.00 OR MORE MAY APPLY IF THE TRUCK IS NOT RETURNED CLEAN OR IF ANY ACCESSORIES ARE NOT RETURNED IN THE SAME CONDITION THEY WERE IN WHEN PROVIDED TO YOU. IF YOU RETURN A TRUCK WHEN A LOCATION IS CLOSED YOU MUST UTILIZE THE DROP BOX FOR THE RETURN OF THE KEYS AND DEPOSIT OF THE RENTAL AGREEMENT. YOU REMAIN RESPONSIBLE FOR THE TRUCK AND ALL CHARGES, LOSSES AND DAMAGES TO THE TRUCK THAT OCCUR PRIOR TO THE LOCATION OPENING AND THE LOCATION FINDING THE TRUCK ON THE PREMISES. IF THE KEYS ARE NOT FOUND IN THE DROP BOX AND THE TRUCK IS NOT FOUND ON THE PREMISES YOU WILL BE IN BREACH OF THIS AGREEMENT.

8. REPOSSESSING THE TRUCK: We may terminate this agreement and repossess the Truck at any time in our sole discretion for reasons that include, but are not limited to the following: whenever we find it, without notice to you, if it is found illegally parked, being used in violation of the law or the terms of this agreement (such as if we learn that the Truck was obtained upon the basis of false or misleading information, or you attempt to transfer the Truck), or if the Truck appears to be abandoned or Budget Truck Rental is notified that the Truck is about to be towed, impounded or damaged in any way or if the Truck is being used in a manner likely to cause reputational harm to us. All costs and expenses of us having to repossess the Truck, such fines, towing, impound fees and reasonable attorney fees will be your sole responsibility and you will pay us for them. If you do not return the Truck in the time specified for its return, or sooner on our demand, or if we learn that the Truck was obtained upon the basis of false or misleading information, we may consider the Truck converted or stolen by you and take any legal action to recover it without any notice, or further notice, to you.

A. You agree to pay all charges, including rental charges, cost recovery fees, airport facility fees and/or concession recovery fees, energy recovery fees, surcharges, other fees, applicable taxes and all other monies due to us under this agreement, by means of payment acceptable to us. Except for charges later determined by us to be due, which you will pay on demand, you will pay all changes when you return the Truck. We may apply deposit left by you at the time of rental to the charges. If you present a credit card as means of payment at the time of rental, at the time we may reserve an amount with the card issuer based on our estimate of your charges. We may charge any amounts due us including, but not limited to, any amounts in excess of the minimum rental charges agreed to under this agreement, against that credit card, which also includes charges determined to be due after return of the Truck. Any payment by credit card is governed by the terms of your cardholder agreement with the card issuer. If we permit you to pay by check, you agree to pay us a fee for any check used for payment if charges that is dishonored and returned to us unpaid and any bank charges we incur in connection with that returned check. We are not obligated to present any check for payment more than once. You will pay the full rate for each or partial rental day or time slot as stated on the Rental Document. The rate on the Rental Documents is the minimum charge even if the Truck is returned earlier and starts at the hour and minute the rental begins. You agree that no refund will be due to you if fewer days and or miles are actually used by you. All charges are subject to final audit by us. If our audit reveals an undercharge or overcharge, you will pay us the difference that is due for any undercharge; and we will refund to you any overcharge.

11. MAINTENANCE AND INSPECTION: You agree to maintain adequate oil and coolant levels in the engine. As and when directed by us, you will have any necessary servicing or maintenance of the Truck performed during the rental. No one other than us will perform any service, repairs, replacement or substitution of parts, or maintenance to the Truck during the rental unless we approve such work in advance. You understand that we or anyone designated by us may inspect the Truck at any time wherever it is located without prior notice to you. You will stop using the Truck and contact us before proceeding, when a warning light is illuminated, or when any obvious mechanical issue is presented, such as, engine compartment, flat tires, brake issues, (grinding, squealing, low peddle pressure), malfunctioning lights, puddles of fluid under the vehicle when parked (other than a/c condensation), or low power.

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