Terms

DEFINITIONS. "Agreement" means all terms and conditions found on both sides of this form, any addenda, or any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this agreement, any authorized Driver and any person or organization to whom charges are billed by us on 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 Rental Agent identified on Page 1. "Authorized Driver" means you, any additional driver approved by us and listed by us on this agreement, and any other driver authorized by the law of the state where the vehicle is rented if a person has a valid driver's license and, unless the law of this state requires otherwise, is at least twenty-one (21) years of age. "Vehicle" means the automobile identified in this agreement and any substitute and all its tires, tools, accessories, keys, equipment, keys, and vehicle documents. "Physical damage" means all damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damages to the Vehicle until it is repaired times the corresponding periodic rental rate, unless otherwise provided by law.

RENTAL. This agreement is a contract for the rental of the Vehicle. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT REGARDING THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. 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. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement. You will use the rented vehicle only for personal or routine business use, and operate the rented vehicle only on properly maintained roads and parking lots. Renter will comply with all applicable laws relating to holding licensure to operate the vehicle, and pertaining to operation of motor vehicles. Renter will not sublease the rental vehicle or use it as a vehicle for hire. Vehicles are rented on a daily (24-hour) basis with a 29-minute grace period for returns.

REPRESENTATION AND WARRANTIES. Owner represents and warrants that to the owner’s knowledge; the rental vehicle is in good condition and is safe for ordinary operation of the vehicle. Renter represents and warrants that renter is legally entitled to operate a motor vehicle under the laws of this jurisdiction and will not operate it in violation of any laws, or in any negligent or illegal manner. Renter has been given an opportunity to examine the rental vehicle in advance of taking possession of it, and upon inspection, is not aware of any damage existing on the vehicle other than that notated by separate existing damage document.

DRIVERS LICENSE. Renter agrees to provide a valid driver’s license in the driver’s name within 24 hours of the trip starting. All drivers must have a safe driving record. If a valid drivers license is not received within 24 hours of the trip starting, the reservation will be cancelled and will be charged the average of 2 days cost of the reservation.

CONDITION AND RETURN OF VEHICLE. You must return the Vehicle to our rental office or other location we specify on the date and time specified in this agreement and in the same condition that you received it, except for ordinary wear. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. A damage report will be provided to the renter showing any pre-existing damage on the vehicle prior to the rental. 

RESPONSIBILITY FOR DAMAGE OR LOSS; REPORTING TO POLICE. If an insurance package is not purchased and included in your reservation, you are responsible for all damage to or loss of the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the Vehicle's value caused by damage to it or repair of it, missing equipment, and all administrative costs we incur due to damage to, or loss of, the Vehicle regardless of whether you are at fault or not, unless this responsibility is otherwise limited by law. You must report all accidents or incidents of theft and vandalism to the police as soon as you discover them. You must report all accidents involving the vehicle to us immediately.

INSURANCE RENTAL COVERAGE. If the renter declines insurance protection from SWFL Veteran Rental Services, renter must provide proof of insurance that would cover damage to the rental vehicle at the time this car rental agreement is signed, as well as personal injury to the renter, passengers, and other persons or property in the rented vehicle to the owner. If the rental vehicle is damaged or destroyed while it is in the possession of the renter, renter agrees to pay any required insurance deductible and assign all rights to collect insurance proceeds to owner. If during the time of rental, the renter is found to not have valid full coverage insurance and declined insurance coverage from SWFL Veteran Rental Services, the reservation will immediately be cancelled. The renter will be instructed to return the vehicle immediately. If the renter refuses to return the vehicle, the vehicle will be picked up or towed at the renter’s expense. Expenses may include a new key, towing charges, refueling fees, etc.

LIABILITY INSURANCE. If the renter declines insurance protection from SWFL Veteran Rental Services, renter is responsible for all damages or losses they cause to others. You agree to provide auto liability insurance covering you, us, and the Vehicle. If you have auto liability insurance, we provide no liability insurance. Where state law requires us to provide auto liability insurance, or if you have no liability insurance, we may provide auto liability insurance, excess to any insurance you may have, under a policy of insurance (the "Policy"). The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. The Policy provides uninsured/underinsured motorist coverage only in states where such coverage is mandated by law. Coverage applies only in the Unites States. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us or our insurer. You and we reject PIP, no fault, and uninsured or underinsured motorist coverage. Giving the vehicle to an unauthorized driver terminates our liability insurance coverage, if any. You will indemnify, defend, and hold us harmless from all liability, costs and attorney fees arising out of use of the Vehicle that are more than, or excluded from, the protection provided you, if any, under the policy.

LOSS DAMAGE WAIVER (LDW/CDW). Acceptance of Insurance protection relieves the renter and authorized additional drivers of financial responsibility if the rental car is damaged or stolen while under rental contract.  Using the vehicle in violation of any of the use restrictions listed on the rental agreement could void LDW and leave the renter fully responsible for any damage to the vehicle. If LDW is not accepted, the customer may be responsible for up to the full fair market value of the car if it is damaged, vandalized or stolen during the rental.  The customer may also be responsible for reimbursing SWFL Veteran Rental Services for the revenue lost by not being able to use the car while it is being repaired or not recovered due to theft (referred to as Loss of Use). This LDW/CDW does not protect against tire damage such as nails or other debris that punctures or pops a tire during the rental period. If the damaged tire is repairable, the guest must pay to have the tire repaired. If the damaged tire is not repairable, the renter must replace the tire with on of equal or of greater quality.

CREDIT CARD POLICIES. SWFL Veteran Rental Services accepts most major credit cards as credit identification at the time of rental. The renter's name must be on the credit card.

Accepted credit card list: American Express Discover, JCB, MasterCard, and Visa.

SWFL Veteran Rental Services may request an authorization hold against your account for the estimated rental charges of the rental, but reserves the right in its sole discretion to request an extra value to be based on certain factors as we deem appropriate:

• Note: Prepaid credit cards are not acceptable methods of credit identification to pick up a car at any location.  One of the above-mentioned cards must be presented.  Prepaid credit cards are accepted at time of return only, if we can obtain full authorization from the card bank for the total charges due.

DEBIT CARD POLICIES. Debit card is an acceptable form of payment, however, it must have an accepted bank processing logo (Visa, Mastercard, AMEX, Discover, etc.) at the time of rental. If renter is using an acceptable form of debit card, the following requirements will apply:

• The name of the renter must be on the debit card.
• A debit card is accepted as credit identification for Economy cars, Compact cars, Intermediate cars, Standard cars, Full-Size cars, Intermediate SUV’s, Premium cars, Luxury cars, Convertible cars, Premium SUV’s, Passenger Vans, Standard Elite SUV’s, Minivans, Standard SUV’s, or Full-Size SUV’s.  The rental of any other vehicle category will require a major credit card.  
• At airport locations, you will be required to show proof of a return airline flight that corresponds with your rental.

THESE FUNDS WILL NOT BE AVAILABLE FOR YOUR USE.  When the rental is over, we will process the reversal, but the bank may take time to post it back to the account.  If you fail to return the vehicle as agreed, SWFL Veteran Rental Services will obtain additional authorizations from your account to cover the rental charges. SWFL Veteran Rental Services is not responsible for any returned checks or overdraft fees based on this policy. Positive identification in addition to your driver's license may be required. 

Note: Prepaid Debit/Gift cards are not acceptable methods of credit identification to pick up a car at any location.  Prepaid Debit/Gift cards are accepted at time of return only, if we can obtain full authorization from the card bank for the total charges due.

CHARGES. You will pay us on demand for all charges due under this Agreement that are allowed by law, including, but not limited to: (1) time and usage for the period during which you keep the Vehicle; (b) charges for optional services, if you elect to purchase any; (c) applicable sales use and other taxes; (d) loss of, or damage to the Vehicle, which is included in the cost of repair of the retail value of the Vehicle based on valuation methods accepted by the auto insurance industry on the date of the loss if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle's value caused by damage to it or repair to it, and our administrative fees incurred for processing the claim; (e) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us or the Vehicle during your rental, unless these expenses are our fault; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre and post judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this agreement; (h) a 2% late payment fee or the highest amount allowed by law, if lower , on all amounts past due; (i) One and one half percent per month interest, or the maximum amount allowed by the laws of the state where the Vehicle is rented, for monies due but not paid upon return of the Vehicle; (j) Fifty dollars ($50.00) plus $5.00 per mile between the renting location and place where the vehicle is returned or abandoned, plus any additional recovery expenses we incur, and (k) Twenty Five dollars ($25.00) or the maximum amount permitted by law, whichever is greater if you pay us with a check backed by insufficient funds.

RESERVATION FEES. Renter agrees to pay the following expenses and any additional taxes for their rental period. Daily rental fee, refundable security deposit, young driver fee, Insurance protection, and extras.

DAILY RENTAL FEE. is based on the agreed price paid daily for each 24-hour period for the rental of this vehicle.

DELIVERY FEE. is based on the agreed price within this agreement.

REFUNDABLE SECURITY DEPOSIT FEE. is based on the agreed upon price set in the agreement and will be refunded within 1 week of the end of this agreement’s reservation end time and date.

YOUNG DRIVER FEE. is based on the agreed price in this agreement and is only charged to renters on or between the ages of 21 and 24.

INSURANCE PROTECTION FEE. is based on the package selected by the renter. 

EXTRAS FEE. is based on additional items the renter selected to add to their rental agreement. Ex. Beach gear, prepaid fuel, etc.

CANCELLATION FEE. Renter is permitted to cancel this reservation within 24 hours of the start of the reservation. If this agreement is cancelled within 24 hours of the reservation start time, the renter agrees to pay for the average daily price of one days rent and insurance and all delivery fees. All delivery fees to airports or other locations requested by the renter are non-refundable if cancelled within 24 hours of the start time of this agreement.

POST-RESERVATION FEES. Renter agrees to pay the following expenses if applicable. 

REFUELING. Most rentals will be rented with a full tank of gas at the beginning of the reservation. If the rental vehicle is not returned with the amount of fuel the vehicle was sent out with, renter agrees to pay the cost of refueling and an additional $10 refueling fee.

TOLLS. All toll fees incurred and posted by the toll authorities during the reservation start and end day and time will be billed to the renter within two weeks from the end of this agreement.

SMOKING FEE. No smoking of any kind is allowed inside this vehicle. If evidence of a smoking violation is discovered, a $150 smoking violation fee will be assessed.

CLEANING FEE. If the vehicle is returned with excessive stains, trash, dirt, soilage, odors, or pet hair, you agree to pay a $150 cleaning fee to the owner to pay for cleaning of the interior of the vehicle. 

KEY/FOB RECOVERY FEE. We may charge a fee to cover the cost to us for replacement if you do not return the same number of keys, key cards, fobs and/or remotes to the Vehicle that you received at the beginning of the rental.

Extras. If the renter selected an Optional Product (coverages, GPS, child safety seat, Roadside SafetyNet, XM Radio, etc.) with your rental, the renter is responsible for replacement costs if the Optional Product or its components are lost, stolen or damaged.

E-toll.

TOLL PAYMENT TAG PASS.

You are responsible for payment of all tolls incurred during the rental period. We offer an optional service called e-toll that allows customers to use electronic toll lanes on highways, bridges, tunnels, and other tolled passages. All vehicles are pre-equipped to electronically process tolls. If you do not pay cash for tolls, you automatically opt into our e-toll service to which you agree to pay us or our toll program administrator with whom we will share your credit card/debit information for all tolls incurred during your rental and all related fees, charges, and penalties. The e-toll fees may take 4-8 weeks after the rental to be billed to your credit card/debit card on file.

E-TOLL SERVICE CONVENIENCE FEES

the convenience fee for e-Toll usage is $6.95 USD for each day the E-Toll device is used during the rental with a maximum of $34.75 USD per rental contract (plus toll charges).

Additional Notes
All toll charges incurred will be paid at the maximum prevailing non-discounted or cash rates posted by the toll authority.

NO service charges will apply if e-Toll is NOT USED during the rental duration.

Towing. Towing is not permitted. Vehicles cannot be used to tow or push anything.  A trailer hitch cannot be installed on the vehicles.

ERRORS/ADJUSTMENTS. We will provide you with a preliminary statement of charges at or near the time you return the Vehicle. This statement is not final, and you may be responsible for additional charges, including but not limited to the following: fuel service charges; tolls, convenience fees, fines, citations, and penalties; charges for damage to the Vehicle; and other charges that have not yet been assessed or calculated as of the date of the statement. You will continue to be responsible for payment of further charges determined later and will receive a refund to the extent we review the preliminary statement and identify any excess charges. If you rent from us under your employer’s corporate account agreement, you acknowledge that we are entitled to contact your employer regarding any unpaid charges and to share with your employer any information you have shared with us in connection with this Agreement. If you do not rent using your employer’s corporate account agreement, you acknowledge that you are personally liable for all unpaid charges regardless of any agreement you may have with your employer or any other person for reimbursement of the charges.

LATE RETURN AND IMPROPER RETURN FEES. In the event the vehicle is not returned at the end of the reservation period and without prior extension, the following fees will be assessed. If this vehicle is returned between 0 - 29 minutes late, there will be no additional charge. If this vehicle is between 30 minutes and 1 hour 59 minutes late, renter will be charged half the average daily trip price and a $50 improper return fee. If this vehicle is returned 2 hours or more late, renter will be charged the average daily trip price for 1 day, a $20 late return fee, and a $50 improper return fee. If the vehicle is not returned to the original location agreed upon in this agreement, renter agrees to pay any fees associated with the recovery of the vehicle including impound, towing, and storage fees.

STOLEN VEHICLE.  If the vehicle is not returned within 24 hours of this rental agreement end date and time and no extension is agreed upon in writing, the owner may file a stolen vehicle report with local police and may decide to recover the stolen vehicle. All costs associated with retrieving the rental vehicle will be charged to the renter. 

SECURITY DEPOSIT. Renter will be required to provide a security deposit to Owner in the amount of $100 and will only be used in the event of loss or damage to the rental vehicle during the term of this agreement. Owner may, in lieu of collection of a security deposit, place a hold on a credit card in the same amount. In the event of damage to the rental vehicle not covered by insurance, Owner will apply this security deposit to defray the costs of necessary repairs or replacement. If the cost for repair or replacement of damage to the rental vehicle exceeds the amount of the security deposit, renter will be responsible for payment to the owner of the balance of this cost. We may use your deposit to pay any amounts owed to us under this agreement including, but not limited to, fees such as mileage, refueling, tolls, loss, and damage. The deposit will be refunded within 1 week from the end day and time of this reservation. 

Use of Location Information. You should have no expectation of privacy or confidentiality as to the places where the Vehicle is driven while rented to you. You agree that we may, where permitted by law, use GPS precise location tracking devices installed in the Vehicle or location data generated by Connected Car technology for the purposes described in our Privacy notice, including without limitation to track or locate Vehicles which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, to analyze and enhance our services, improve efficiency in managing our inventory, maintaining our fleet and otherwise improving our services, and to identify Vehicles which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. If you are a representative of a corporate or commercial entity account, you agree to ensure that drivers of fleet Vehicles are provided notice and/or consent to such GPS tracking for these purposes where required by law.

Waiver of Certain Types of Damages. You waive any claim against us for incidental, special, or consequential damages in connection with the rental. If a court finds that we have breached this Agreement, your damages shall not exceed the actual charges and fees paid by you to us pursuant to this Agreement.

Changes or Amendments. No changes may be made to this Agreement except in writing and signed by our authorized representative. You further agree that we have the unilateral right to change these Rental 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 Budget web site and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental Vehicle are different.  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 Budget web site, which date will be indicated therein, without any requirement by you to sign the changed Rental Terms and Conditions.

INDEMNIFICATION. Renter agrees to indemnify, defend, and hold harmless the owner for any loss, damage, or legal actions against the owner because of renter’s operation or use of the rented vehicle during the term of this car rental agreement. This includes any attorney fees necessarily incurred for these purposes. Renter will also pay for any parking tickets, moving violations, or other citations received in possession of the rented vehicle.

Contact Information. You agree that we, or any of our third-party vendors, attorneys, or agents in carrying out the terms of this Agreement on our behalf, may use and/or contact you at any telephone numbers (including via text message), email addresses, and physical addresses that you have provided to us in connection with this Agreement.

State and Country Specific Notices. The following notices and requirements apply if you rent a vehicle from SWFL Veteran Rental Services in Florida.

Return of Car. Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with § 812.155, Florida Statutes.

Liability protection. The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §§ 324.021(7) and 627.736, Florida Statutes.

BREACH OF AGREEMENT. If you breach this agreement, you will be liable for all damage to, or loss of, the Vehicle caused by your breach, unless otherwise provided by law. As a result of a breach of this agreement, the guest will be instructed to return the vehicle immediately and will not receive a refund for the reservation.

MODIFICATIONS. No term of this agreement can be waived or modified except by a writing signed by SWFL Veteran Rental Services and the renter. If you wish to extend the rental period, payment must be received prior to the end of your trip or late return fees may apply.

MISCELLANEOUS. No waiver by us of any breach of this Agreement will constitute a waiver of any additional breach or waiver of the performance of your obligations under this agreement. Unless prohibited by law, you release us from any liability for consequential special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us are merged into this agreement.

OUT OF STATE DRIVING. Vehicles are not permitted to leave the state of Florida. If a vehicle is found to have left the state of Florida, you will have breached this agreement and action will be taken to retrieve the vehicle being rented at the expense of the renter and no refunds will be issued.

RENTAL AGREMENT VIOLATIONS. You agree to properly operate this vehicle. If any of the following acts are committed, any coverage provided to you will be voided: (a) Operation of the Vehicle by an unauthorized driver; (b) Violation of any provision of this Agreement while operating the Vehicle; (c) Driving while intoxicated or under the influence of drugs, alcohol or other substances which would impair driving ability; (d) Reckless driving of the Vehicle to include, among other things, off regularly maintained roadways, to carry hazardous or explosive substances, to carry hazardous waste of any kind, to transport weight in excess of the vehicle's maximum payload capacity, where insufficient clearance or height or width exists, improper loading; (e) Transporting more passengers than number of seat belts or transporting passengers outside of the passenger compartment; (f) Using the Vehicle to participate or act or assist in any activity that violates any law, rule, or regulation; (g) Using vehicle to carry persons or property for hire; (h) Using Vehicle to engage in an organized or any other speed contest; (f) Using Vehicle to tow or push any other vehicle, trailer or other object; (j) Operation of Vehicle by person who has used false or misleading information to obtain the Vehicle; (k) Operating the Vehicle outside the state of Florida; (l) Leave the Vehicle and fail to remove the keys or close and lock all doors, windows, and the trunk and the vehicle is stolen.

JURISDICTION AND VENUE. In the event of any dispute over this agreement, if any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remainder of the agreement would still have full force and effect.