Terms and Conditions
1. The Rental Agreement. These Rental Terms and Conditions, the rental document you receive when you are given access to the vehicle you are renting (the “Rental Contract”) any additional agreement signed by you, any documents or agreements (or links to on-line documents or agreements) sent to you electronically in connection with your rental), the Privacy Notice, and the return receipt or record (the “Rental Receipt”) with computed rental charges together constitute the “Rental Agreement” between yourself and Mike Roberston Van Rentals, Inc.
2. Your Rental. You rent from MRVR the vehicle described on the Rental Contract, which rental is solely a transfer of possession and not of ownership. You agree to the terms in the Rental Agreement provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “MRVR”, “we”, “our” and “us” refer to Mike Robertson Van Rental. You also agree that you are not our agent for any purpose; and that you cannot assign delegate or transfer your obligations under the Rental Agreement and any discrete part thereof.
3. Changes. Any change in the Rental Agreement or our rights must be in writing and signed by an authorized MRVR officer. You further agree that we have the unilateral right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the MRVR web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the MRVR web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to these Terms and Conditions will be posted as they occur on the MRVR web site at www.mikerobertsonvanrentals.com and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental vehicle are different.
4. Meaning of Vehicle. The word “vehicle” in the Rental Agreement means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by MRVR with the vehicle and separately rented to you by MRVR unless otherwise explicitly specified in the Rental Agreement.
5. Who May Drive The Vehicle. You represent to MRVR that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver’s license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver’s license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law. Only Authorized Drivers specified on the Rental Contract may operate the vehicle. Any Authorized Driver must be at least 25 years old and must also be a capable and validly licensed driver at all times during which such person is operating the vehicle. Any person listed as an Authorized Driver that operates the vehicle must sign an Authorized Driver Form at the time of the rental. We may charge for each additional driver authorized to drive the vehicle, which will be specified on the Rental Contract. You acknowledge that you will remain financially responsible under the Rental Agreement at all times even if the vehicle is operated by someone other than yourself.
6. Return of the Vehicle. You agree to return the vehicle to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee. You may not return the vehicle outside of our operating hours unless specifically noted on the Rental Contract. If you do, your responsibility for damage to or loss of the vehicle will continue and all charges stated on the Rental Contract as a periodic rate will continue to accrue until the return location reopens and we process the return of the vehicle. If we do not find the vehicle when we open, your responsibility for all charges and for damage to or loss of the vehicle will continue until the vehicle is actually returned or recovered. If you wish to extend the rental you can contact us at 770-532-8690 or through our website. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If you do not return the vehicle as and when required under the Rental Agreement, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
7. Where You’ll Return the Vehicle. The vehicle must be returned to the renting location as specified on the Rental Contract. Any other arrangements must be noted on the contract, and additional fees may apply.
8. Rental Charges. You will pay for the number of miles you drive (unless the rental includes unlimited miles), and the period of time you rent the vehicle at the rate indicated on the Rental Contract. Unless otherwise indicated on the Rental Contract, the minimum charge is one day (24 hours), unless “calendar day” is indicated on the Rental Contract, plus mileage, or a fixed fee. We will determine the miles by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the Rental Contract our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.
a) You will also pay a reasonable fee for cleaning the vehicle’s interior upon return if any stains, dirt, odor, or soiling attributable to your use cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion.
b) If the key(s) or key fob(s) are not returned with the vehicle, you will be charged additional fees.
c) We maintain a non-smoking fleet, including a prohibition on the use of e-cigarettes in the vehicle. You will pay an additional charge if you return the vehicle and it smells or is soiled from smoke or e-cigarette vapor.
e) MRVR makes every effort to ensure that all prices and descriptions quoted on our website or elsewhere are correct and accurate. However, in the case of a manifest error or omission, MRVR reserves the right to rescind the Rental Agreement, even if we have already accepted your reservation and/or received your payment. Our liability, in the event that a resolution cannot be reached, will be limited to the return of any money that you have paid with respect to the reservation. A “manifest error”, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by MRVR which is more than 15% less than the price that would have been quoted had the mistake not been made.
9. Taxes, Surcharges & Fees. You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.
10. Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Contract, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, or the deposit amount indicated on signs at the location at which you rent the vehicle at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the vehicle and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
11. Repossessing the Vehicle. We can repossess the vehicle at any time in our sole discretion for reasons that include, but are not limited to the following: the vehicle is found illegally parked, being used to violate the law or the terms of the Rental Agreement, or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of the vehicle through GPS tracking devices and utilizing for our benefit any other devices connected to the vehicle or affecting the vehicle’s operation. If the vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the vehicle. You agree that such costs will be charged to the credit or debit card or account you used to rent the vehicle.
12. Damage to/Loss of the Vehicle. If the vehicle is lost or damaged as a direct or indirect result of a violation of paragraph 14, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the vehicle regardless of cause, or who, or what caused it. If the vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the vehicle in its damaged condition, you will pay the difference between the vehicle’s retail fair market value before it was damaged and the sale proceeds. 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, tires, and antenna, as part of your rental charges at the time of return. If the vehicle is stolen and not recovered you will pay us the vehicle’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the vehicle, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the vehicle plus diminished value or the fair market retail value of the vehicle (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. You understand that you are not authorized to repair or have the vehicle repaired without our express prior written consent. If you repair or have the vehicle repaired without our consent, you will pay the estimated cost to restore the vehicle to the condition it was in prior to your rental. If we authorize you to have the vehicle repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.
13. Prohibited Use of the Vehicle. Certain uses of the vehicle and other actions you or a driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
A. You use or permit the vehicle to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire or more passengers than the vehicle has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; 7) recklessly or while overloaded; or 8) if the vehicle is driven into Mexico without our expressed permission. B. You or an additional driver, whether authorized or not: 1) fail to promptly report to MRVR any damage to or loss of the vehicle when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the vehicle through fraud or misrepresentation; 4) leave the vehicle and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the vehicle is stolen or vandalized; or 5) intentionally or with willful disregard cause or allow damage to the vehicle. C. You or an additional driver, whether authorized or not return the vehicle after hours and the vehicle is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the vehicle, its keys, key fobs, or other remote entry and starting devices. D. Driving or operating this 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 shall be deemed a breach of the Rental Agreement.
15. Fuel Service Charge. If you return the vehicle with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge plus the applicable rate per-gallon, both of which will be specified on the Rental Contract or disclosed at the location. If the tank is not as full when you return the vehicle as when you received the vehicle (by using the factory installed gauge, rounded down to the nearest 1/8 tank), you will be responsible for these charges. You will not be issued a credit if you return the vehicle with more fuel than was in it when you received it.
17. Tolls, Fines, Expenses, Costs and Administrative Fees. You’ll pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such as for repossessing or recovering the vehicle for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
In the event we use a third party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
You agree to indemnify and hold us and any other agent we authorize harmless for any such tickets, citations, fines, penalties, interest and administrative fees.
18. Indemnification and Waiver. You shall defend, indemnify, and hold us, and our affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us 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. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
19. Property in the Vehicle. We are not responsible for loss of, theft, or damage to any property in or on the vehicle, in any service vehicle, such as a transit van or bus, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage caused by your property.
20. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.
21. Cooperation. You agree to cooperate and coordinate with MRVR generally and to take any actions MRVR reasonably requests in connection with (i) this Rental Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Agreement or your use of the car, including without limitation, execution and delivery of any documents MRVR reasonably requests, giving testimony under oath, and taking any other actions MRVR reasonably requests related to this Rental Agreement or your car rental.