Terms

Read our rental terms

THESE RENTAL TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AT SECTION 6 BELOW WHICH IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS SECTION CAREFULLY.

A2B Rental Service

Rental Terms and Conditions

These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and a return record with the computed rental charges together constitute the rental agreement (collectively, “Agreement”) between you and Fleet Elite LLC DBA A2B Rental Service, and any affiliate conducting business under the A2B Rental Service brand.“We”, “our”, and “us” means A2B Rental Service, and “you” and “your” means the person who signs the Agreement. You agree that you are not our agent for any purpose and that you cannot assign or transfer your obligations under this Agreement. You rent from us the Vehicle described in the Agreement, which rental is solely a bailment for mutual benefit. By renting a Vehicle from A2B Rental Service, you agree to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. You agree that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If you breach the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with you, and/or asserting claims against you for any damages we incur because of your breach.

 

 

  • Vehicle Use Terms.

 

    1. Who May Drive the Vehicle. Only you may operate the Vehicle, except as provided below. You represent that you are a capable and validly licensed driver. You represent that the license you provided is valid, and that it is not modified, suspended, revoked, or restricted. Digital and temporary licenses are not acceptable for purposes of the rental. You acknowledge that we may use a device or application to scan your license for purposes such as verifying its authenticity, confirming your identity, or as authorized under Applicable Law. We reserve the right to deny any rental or to terminate this rental at our sole discretion. Except where specifically required by Applicable Law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the Vehicle, but only with your prior permission. Authorized Drivers must be (i) at least 25 years

old, and (ii) capable and validly licensed drivers in possession of a license that is not modified, suspended, revoked, or restricted. Where permitted by Applicable Law, we may charge a fee for each additional Authorized Driver, which charge is specified in the Agreement. You are responsible for ensuring that the Vehicle is used according to the terms of this Agreement by all Authorized Drivers. You agree that you will remain financially responsible under the Agreement even if the car is operated by an Authorized Driver or someone other than yourself.

    1. Keeping the Vehicle Safe and Secure. You, and any Authorized Driver, must operate and park the Vehicle in compliance with all laws, regulations, and ordinances, including using child safety seats (see Paragraph 2.6(n)) and passenger safety restraints wherever required by Applicable Law. You, and any Authorized Driver, must refrain from using mobile phones or other handheld devices while operating the Vehicle and must otherwise exercise sound judgment and safe-driving practices while operating the Vehicle. You may not leave the Vehicle unattended unless all windows, doors and trunks are closed and locked, and the Vehicle is in a secure location where you are allowed to park. You must take reasonable precautions to safeguard the keys to the Vehicle from anyone other than yourself and any Authorized Driver.
    2. No Smoking or Vaping. We maintain a 100% smoke-free fleet. No one may smoke or vape any substance inside or immediately surrounding the Vehicle. If, in our sole discretion, we determine the Vehicle smells of smoke, vape or any other substance, we may charge you a fee, as per Paragraph 2.6(c).

 

  • Returning the Vehicle.

 

1.4(a) When to Return the Vehicle. You must return the Vehicle in the same condition you received it, ordinary wear and tear excepted, at the Designated Return Time identified in the Agreement. 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 to a location when the location is closed. If you do so, we will treat the Vehicle as though it was not returned until the location reopens and we take actual possession of the Vehicle. You will remain responsible for daily charges, late fees, damages, and/or loss until we take actual possession of the Vehicle, including its keys. If we do not find the Vehicle when the location reopens, you are responsible for all charges and for damage to or loss of the Vehicle until the Vehicle is returned or recovered. If you wish to extend any rental contract, you must contact us at 804-234-3006 prior to the Designated Return Time. We may grant or deny an extension, in our sole discretion, for part of or the entire period you request. If we do grant an extension, a different or higher rate and a service fee may apply to the extension period.

1.4(b) Where to Return the Vehicle. You must return the Vehicle to the Designated Return Location identified in the Agreement. If you wish to return the Vehicle at a location other than the Designated Return Location, you must contact us prior to the Designated Return Time. We may, in our sole discretion, deny permission to return the Vehicle to an alternative location. If we grant permission to return the Vehicle to an alternative location, we may apply different rates and additional fees or charges, which could increase the cost paid by you.

 

1.4(c) If You Fail to Return the Vehicle. If you fail to return the Vehicle at the Designated Return Time and to the Designated Return Location, subject to any approved extensions or modifications described in Paragraph 1.4(b), you will breach this Agreement. We may, at our discretion and subject to any notice requirements imposed by Applicable Law, treat your failure to return the Vehicle according to the terms of this Agreement as a theft or other illegal taking. You may be charged for any fees associated with the failure to return the Vehicle, and any payment by the payment card does not constitute a waiver of our right to treat the Vehicle as stolen.

 

  • Vehicle Use Prohibitions and Responsibilities. Certain uses of the Vehicle and other things you or another person may do, or fail to do, will violate this Agreement. ANY VIOLATION OF THIS PARAGRAPH CONSTITUTES AUTOMATIC BREACH OF THE AGREEMENT AND GROUNDS FOR US TO DEMAND IMMEDIATE RETURN OF THE VEHICLE AND, WHERE PERMITTED BY APPLICABLE LAW, TO RETAKE POSSESSION OF THE VEHICLE. ANY VIOLATION OF THIS PARAGRAPH IS ALSO AN EXCLUSION FROM, AND AUTOMATICALLY VOIDS, ALL LIABILITY PROTECTION AND ANY AND ALL PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ENTIRE ADDITIONAL LIABILITY INSURANCE POLICY, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE ASSISTANCE, LOSS DAMAGE WAIVER, AND PARTIAL LOSS DAMAGE WAIVER. YOU WILL ALSO BE LIABLE FOR ANY PENALTIES, FINES, FORFEITURES, LIENS, RECOVERY COSTS, AND STORAGE COSTS, AS WELL AS ANY RELATED LEGAL FEES, EXPENSES, AND COSTS (INCLUDING ON APPEAL), WE MAY INCUR AS A RESULT.

 

1.5(a) Prohibited Uses of the Vehicle. You will violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:

1.5(a)(1) Allow anyone except you or an Authorized Driver to operate the Vehicle;

1.5(a)(2) Use the Vehicle to carry passengers or property for hire;

1.5(a)(3) Use the Vehicle to tow or push anything;

1.5(a)(4) Operate the Vehicle while (i) under the influence of alcohol or any other substance that Applicable Law prohibits the use of while driving; or (ii) using a mobile phone or other hand-held device, unless it is in a hands-free mode;

1.5(a)(5) Use the Vehicle in connection with any conduct, other than a traffic infraction, that could properly be charged as a felony or misdemeanor or reckless driving, including the transportation of a controlled substance or contraband;

1.5(a)(6) Transport the Vehicle into Mexico

1.5(a)(7) Use the Vehicle (i) to carry hazardous materials; (ii) in a test, race, or contest; (iii) on unpaved roads; and/or (iv) recklessly or while overloaded.

1.5(b) Responsibilities of Use. You will also violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:

1.5(b)(1) Fail to promptly report to us and, where required by Applicable Law, to law enforcement authorities, any damage to or loss of the Vehicle when it occurs or when you learn of it; fail to provide us with a written accident/incident report or fail to cooperate fully with our investigation; or fail to promptly report any interaction with law enforcement during your rental, as provided in Paragraph 3;

1.5(b)(2) Fail to secure the Vehicle as provided in Paragraph 1.2;

1.5(b)(3) Intentionally or with willful disregard cause or allow damage to the

Vehicle; or

1.5(b)(4) Return the Vehicle when the location is closed, and the Vehicle is

subsequently damaged, stolen or vandalized, as provided in Paragraph 1.4 (including all subparts).

 

      1.5(b)(5) Drive ANY vehicle outside of a 60 mile radius from 301 W Grace St. Richmond, VA 23220 WITHOUT prior consent via written/electronic communication.

 

  • Misrepresentation/Repossession of 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: you obtained possession of the Vehicle through any fraud or misrepresentation; or the Vehicle is found illegally parked, is being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we do not need to 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 car 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 payment card or account used to rent the Vehicle. If the Vehicle is repossessed because of fraud or misrepresentation, except where expressly prohibited by Applicable Law, liability protection and products or services will be automatically null and void, including but not limited to Additional Liability Insurance, Personal Accident Insurance, Personal Effects Protection, and Extended Roadside Assistance.

 

  1. Standard Charges. You will pay us the following standard charges for the rental of the Vehicle:
    1. Daily Charges. You will pay the daily rate stated in the Agreement for each Day, or part of any Day, of the rental. The minimum charge is one Day, plus mileage or a fixed fee. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins.
    2. Mileage Charges. You will also pay for the number of miles you drive, or a fixed fee, if applicable, at the rate stated in the Agreement. We will determine the number of miles you drive by reading the factory-installed odometer.
    3. Rate Eligibility Requirements. If at the time of booking, the rate in the Agreement is a conditional rate (such as a special rate, promotional rate, or corporate rate) or benefit discount code, and at the time of booking or at any time during your rental, you fail to meet the conditions of the rate, we will charge you the applicable default higher rate for similar rentals. A

unauthorized use of a conditional rate or benefit discount code will be viewed as an unlawful use and theft of services for which A2B Rental Service can pursue legal remedies, including but not limited to reasonable attorneys’ fees and costs, and for which A2B Rental Service can void any associated discounts or rental benefits. A2B Rental Service also reserves the right to cancel, terminate and/or not honor vehicle reservations, including prepaid reservations, where we determine in our sole discretion the rate or other material information related to the rate on the reservation is manifestly incorrect or there is an abuse of our policies. If we do not process a reservation for such reason, we will either refund the amount paid or will not charge you for the reservation.

  1. Tolls. You are responsible for payment of all tolls incurred during the rental period. 
  2.  Fuel Service. Most rentals come with a full tank of fuel, but that is not always the case.

Returning the Vehicle with less fuel. If you do not accept the fuel service option (see below), where available, at the beginning of your rental, and you return the Vehicle with less fuel than was in it when you received it, you will pay a fuel service charge at the applicable per-mile or per-gallon rate specified on the rental document. The per-mile rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the Vehicle’s odometer, times the per-mile rate shown on the rental document. The per gallon rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the Vehicle was when you received the Vehicle (by using the factory-installed gauge, rounded down to the nearest 1/8 tank, or by using telematics for connected cars, rounded down to the nearest 1/10 tank), times the per-gallon rate shown on the rental document. Although two methods are used for ease of calculation, the per-mile and per- gallon rates produce approximately the same result. Some of our vehicles are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your Vehicle has such a device, you will be charged for the actual amount of fuel needed to fill the tank

based on the reading of this device. Fuel service option. If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the Agreement for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The per-gallon cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the Vehicle yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel. Fuel before you return. You may avoid a fuel service charge if you return the vehicle with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.

  1. Miscellaneous Fees/Charges. Except where prohibited by Applicable Law, you will also pay us the following miscellaneous fees and charges, where applicable:

2.6(a) Surcharges, Fees, and Taxes. You will pay certain taxes, including sales, use, rental, environmental and excise taxes; customer facility fees; concession recovery fees; vehicle license recovery fees; tax-related surcharges; and other similar fees and charges imposed by local, state, federal, or other authorities.

2.6(b) Redemption Fees. If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, you may be charged a redemption fee. Additionally, if you choose to earn airline miles or other benefits with a comparable loyalty program, you may be charged a fee.

2.6(c) Cleaning Fees. You will pay a reasonable fee for cleaning the Vehicle’s interior or exterior for what we determine in our sole discretion are excessive stains, trash, dirt, soilage, odors, or pet hair after the Vehicle is returned. If we discover any evidence of violation of our smoke- free and vape-free policy as provided in Paragraph 1.3, we may charge a fee for interior cleaning and for repair of any damage caused by your violation of this policy.

2.6(d) Authorized Drivers. We may charge a fee, as stated in your Agreement, for each additional Authorized Driver.

2.6(e) Youthful Drivers. We may charge a fee, where applicable, as stated in your Agreement, for any driver under the age of 25.

2.6(f) Extensions/Modifications. We may charge a $12 fee in addition to standard daily and mileage rates if we grant in our sole discretion your request to extend the Agreement or to return the Vehicle to any location other than the Designated Return Location.

2.6(g) Towing/Impound/Vehicle Delivery Fees. You will be charged actual towing charges and a commercially reasonable administrative charge. If you return the Vehicle to a location different from the location where the rental began (even if it is the Designated Return Location), we may charge an additional fee. If the Vehicle is not returned as required by this Agreement, in addition to any continued accrual of daily charges and late fees until we locate and take possession of the Vehicle, we may charge reasonable costs we incur in releasing the Vehicle from impound or storage and/or towing or delivering the Vehicle from where it was recovered.

 

2.6(h) Late Return Fees. In addition to the daily rental rate and any applicable mileage charges for excess use of the Vehicle, we may charge an additional daily fee if you do not return the Vehicle at or before the Designated Return Time.

2.6(i) Fines, Expenses, Costs, and Administrative Fees. You agree to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against you. You also agree that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against us because of the operation or use of the Vehicle from the time you take possession of it until it is returned to us, you agree to indemnify us from all resulting damages, losses, costs, and expenses. We have no obligation to contest or otherwise defend you against any alleged infraction.

You agree that we may, in our sole discretion if Applicable Law allows the fine to be assessed against us or the Vehicle, pay all tickets, citations, fines, and penalties on your behalf directly to the issuing authority and charge you unilaterally for the fine or penalty, plus court costs, attorneys’ fees, bonds or sureties, or other costs incurred by us as a result, including but not limited to impound fees or other costs to recover possession of the Vehicle. We may also charge you a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount we incur. You are

strongly encouraged to promptly pay all fines, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against you directly to the court, county government, or other appropriate government agency, and to provide proof of payment to us, to avoid these additional charges.

2.6(j) 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.

 

2.6(k) Child Safety Seat Fee. Child safety seats are available for rental, for an additional fee where applicable, based on availability. We do not install child safety seats and are not responsible for any injuries resulting from the installation of or any defects associated with the device itself.

  1. You are Responsible for Payment. You agree that you are responsible for all charges arising out of this Agreement. If we are directed to bill any charges made under this Agreement to any third party, such as an employer or insurer, you represent that you are authorized to do so by the third party. You are jointly and severally liable with any third party to whom the billing is directed. We may perform a credit check on your method of payment to ensure worthiness before releasing the Vehicle. If we perform a credit check on your payment card, you may also be asked to present a second form of current identification. ALL CHARGES ARE SUBJECT TO A FINAL DETERMINATION. THE TOTAL CHARGES FOR A RENTAL MAY BE HIGHER OR LOWER THAN ESTIMATED CHARGES PRESENTED AT THE TIME OF RESERVATION OR RENTAL DEPENDING ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO, RETURNING A VEHICLE TO A DIFFERENT LOCATION, ADDING ANCILLARY PRODUCTS, EXTENDING OR REDUCING THE RENTAL TIMEFRAME, CHANGING VEHICLE CLASSES, INCURRING TICKETS, CITATIONS OR TOLLS, OR FEES RELATED TO VEHICLE TOW, IMPOUND, OR DAMAGE, AND ANY ADDITIONAL

FEES AS SET FORTH IN THIS RENTAL AGREEMENT. YOU AUTHORIZE US TO APPLY CREDITS OR CHARGES RELATED TO THIS AGREEMENT AFTER VEHICLE RETURN TO THE PAYMENT CARD USED AT TIME OF RESERVATION, RENTAL, OR AS OTHERWISE PROVIDED TO US.

    1. Payment Card Reserve. If you use a payment card, including but not limited to a credit card or debit card, or a digital wallet or mobile payment application linked to your payment card, to make this rental reservation or to pay for the rental, you acknowledge that the card issuer may set aside or reserve an amount up to the greater of (i) the estimated total charges due under Paragraph 2 (including all subparts), as stated in the Agreement, or (ii) the deposit amount as stated on signs at the location where your rental begins. We are not responsible for any fees or charges by the payment card issuer because of the reservation, including overdraft fees. We will authorize the release of any excess reserve after the standard charges have been billed and the Vehicle has been returned to us according to this Agreement. We do not control payment card issuers, so we cannot guarantee the immediate availability of funds once we have released them. This Paragraph does not waive our right to make charges against your card in excess of the reservation or to make additional charges after we have released the reservation to the extent that the charges are otherwise authorized by this Agreement.
    2. 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.
    3. Collections. You agree to pay a late fee of 1.5% per month (or the highest rate permitted by Applicable Law, whichever is less) for any amounts, including but not limited to charges, fees, tickets, expenses, fines, and all matters associated with the rental and/or damage to or loss of the Vehicle, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment. You also agree to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys’ fees (including on appeal) and insufficient funds fees for rejected checks. We may engage attorneys and/or third-party collection agents to collect unpaid charges. You agree that we are entitled to share any information provided by you in connection with this Agreement with our attorneys or third-party collection agents and that, except where prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third- party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from you. You understand that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and you authorize us to share the information necessary for such reporting.
    4. LIABILITY INSURANCE. You are responsible for all damages or losses you 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 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 United 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 in excess of, or excluded from, the protection provided you, if any, under the policy.

 

  • 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.
  • DEPOSIT. We may use your deposit to pay any amounts owed to us under this agreement.
  • 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.
  • RENTAL AGREEMENT 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 continental United States and Canada; (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.

 

  1. Accidents/Incidents. You must report to us at 804-234-3006 any accident/incident involving the Vehicle as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages. You also must promptly report any accident/incident involving the Vehicle to law enforcement authorities if required to do so by Applicable Law. You must also immediately report to us at 804-234-3006 any incident related to the Vehicle involving law enforcement.
    1. Vehicle Damage/Loss. If you do not accept Loss Damage Waiver, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of Paragraph 1.5 (including all subparts), 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, including but not limited to an act of nature. 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 fair market retail value before it was damaged and the sale proceeds as otherwise required by Applicable Law. Depreciated book value may be higher than retail fair market value. You are also responsible for Loss of Use (“LOU”) of the Vehicle, which is defined as the applicable daily rate multiplied by the number of days taken to repair or replace the vehicle, not to exceed 45 days. Where permitted by Applicable 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 retail value before it was stolen. As part of our loss, you will also pay for loss of use of the Vehicle, without regard to our fleet utilization, plus an administrative fee and appraisal, plus towing and storage charges, and diminished value, if any (“Incidental Loss”). If your responsibility is covered by any insurance, payment 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. If the Applicable Law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different from the terms of the Agreement, such as if your liability for ordinary negligence is limited by such Applicable Law, that Applicable Law prevails. You understand that you are not authorized to repair or have the Vehicle repaired without our express prior written consent, and that if the Vehicle is repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental, per Paragraph 3.5 below.

 

  • Indemnification. Except where prohibited by Applicable Law, you will defend, indemnify, and hold us, and our parent and affiliated companies, harmless from all losses, liabilities, damages, claims, demands, awards costs, attorney fees, interest, 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, regardless of whether that person is an Authorized Driver, including claims by third parties. You shall present a claim to your insurance carrier for such claims, events, and losses, but regardless, you will have final responsibility to us for all such claims, events, and losses. You agree that if the rental takes place at a location operated by an A2B Rental Service, any claim by you, including one that alleges unfair, deceptive or unconscionable conduct, your sole right and remedy is against that A2B Rental Service and not Fleet Elite, LLC, its parent or any of its affiliated companies.

 

  1. Liability Protection. Except with respect to rentals in California and Texas, anyone driving the Vehicle who is authorized to drive it by the Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the Authorized Driver and/or you (the renter) up to the minimum financial responsibility limits required by the Applicable Law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of consortium or services. Where Applicable Law extends this protection to a non-Authorized Driver, the same limits will apply. Except where required by Applicable Law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any other insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by Applicable Law to anyone not permitted by the Agreement to drive the Vehicle, or to any person or instance where such protection is not afforded by the express terms of this Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply. In the event such protection is provided through self-insurance, we or a claims administrator designated by us will handle, adjust, defend, and pay covered claims without recourse to any insurance policy issued by an insurance company. In any case, a copy of the insurance policy and/or certificate of self- insurance will be available for your inspection at our main office. You understand that unless required by Applicable Law, we will not provide (a) any coverage for fines, penalties, punitive or exemplary damages; (b) any coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the driver’s family, or to a fellow employee arising out of or in the course of employment; (c) any defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered to the claimant; (d) supplementary no fault, noncompulsory uninsured or underinsured

motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by Applicable Law. Where any of these coverages are required or implied by Applicable Law, the limits will be the minimum required under the applicable statute, and the coverage will be subject to any exclusions and limitations permitted by Applicable Law. Where permitted by Applicable Law, you are rejecting uninsured or underinsured motorists and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in the Vehicle for losses and damages suffered if injury is caused by the negligence of the driver of the non-rental vehicle who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no protection or coverage in Mexico, and the Vehicle may not be taken into Mexico.

3.3(a) Third Party Liability Protection. Third Party Liability Protection for you (the renter), and any Authorized Driver is included at no extra charge if you are eligible and if Third Party Liability Protection is specified in the Rental Agreement. Third Party Liability Protection is not available to residents of the United States, Canada, or Puerto Rico, even if denoted or displayed on the Rental Agreement. Subject to the terms and conditions of the Rental Agreement and the terms, conditions, limitations, definitions, exclusions, and endorsements of any applicable insurance policy providing Third Party Liability Protection, you and/or Authorized Driver(s) are covered for their liability for causing “bodily injury” or “property damage” to third parties. The limits of this Third Party Liability Protection are $300,000, combined single limit, unless a higher limit is denoted on the Rental Agreement. You and any Authorized Driver seeking Third Party Liability Protection must fully cooperate with and assist A2B Rental Service, and/or any liability insurer providing Third Party Liability Protection under an insurance policy, in the investigation and defense of any third party claim. A2B Rental Service and/or any liability insurer providing Third Party Liability Protection will have the sole right and discretion to resolve any third party claim falling within the coverage of the policy and/or any certificate of self-insurance, as applicable. This Third Party Liability Protection is distinct from the Additional Liability Insurance described in Paragraph 4.5 below, which may be available for additional charge if elected and purchased. Any such Third Party Liability Protection will be subject to exclusions and limitations permitted by Applicable Law.

  1. Assignment of Benefits/Insurance. If your responsibility for damage or loss is covered by any insurance, credit card benefit, travel insurance, or other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and to share any necessary information you have given to us in connection with this Agreement. You agree to cooperate with any request we may make for coverage under any such third-party benefits or insurance. If your responsibility is covered by any insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you authorize the benefit provider to handle and resolve the claim directly with us or our authorized representatives. Moreover, you assign your benefits directly to us to recover all consequential and incidental damages including but not limited to 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). You will remain primarily responsible and liable to pay us for any loss or damage, as provided in this Agreement, except payment we receive from the coverage provider.

 

    1. Vehicle Repairs. You are not authorized to repair the Vehicle, and may not authorize repair by anyone else, without our express written consent. If you repair the Vehicle or have the Vehicle repaired without our consent, you will pay all costs we reasonably incur to restore the Vehicle to the condition it was in prior to your rental up to the fair market retail value of the Vehicle. 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 and the repair conforms to the authorization. To the extent your unauthorized repairs invalidate or in any way reduce the coverage of a warranty, you will be responsible for the costs of the invalidation of or reduction to the warranty. Where permitted by Applicable Law, you are also responsible for Diminished Value (“DV”) of the Vehicle, which is defined as the difference between the fair market value of the Vehicle immediately before the accident or incident giving rise to the repair and the fair market value of the Vehicle immediately after the repair. You are also responsible for any damages arising from the unauthorized repair of the Vehicle, including but not limited personal injury or diminution in resale value of the Vehicle.

 

  • Loss Damage Waiver. You may elect to purchase Loss Damage Waiver (“LDW”) or in select locations, Partial Loss Damage Waiver (“PDW”). All required notices regarding LDW and PDW are included, as applicable, in the individual state disclosures below. LDW and PDW are not insurance, and they will not affect your liability for claims made by third parties against you or us. If you elect LDW or PDW, we will charge you an additional daily rate for each Day and any partial Day. Both the daily rate and the total anticipated charge for the duration of the rental are stated in your Agreement. LDW and PDW are not mandatory. Your own automobile or homeowners’ or personal liability insurance policy or other coverage may cover loss or damage to the Vehicle and fire and theft damage, and LDW or PDW may be duplicative of any insurance policy that you may have. You should consult with your insurer. We are not qualified to evaluate whether your existing insurance coverage is adequate. If you do not elect LDW or PDW, you are liable to us for any damage to, loss of, or loss of use of the Vehicle and may be charged for the actual cost of repair or replacement of the Vehicle. If you elect LDW and the coverage is not otherwise voided under this Agreement, you will no longer be responsible to us for loss of or damage to the Vehicle, except for lost, damaged or stolen keys or remote entry devices, towing or tire service, unless related to an accident, or recovery of the Vehicle if it is stolen, and except for your responsibility, if any, specified in the Agreement. If you elect PDW, you will no longer be responsible to us for loss of or damage to the Vehicle up to the amount specified in the Agreement, but you will remain responsible to indemnify us for any loss of or damage to the Vehicle exceeding the specified amount pursuant to the terms otherwise set forth in this Agreement. If you violate Paragraph 1.5 (including all subparts), PDW and LDW will become automatically void, and you will be responsible for any loss of or damage to the Vehicle from the commencement of the rental until the Vehicle is returned to us according to this Agreement. L

 

 

  1. 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.

Certain of our services rely on precise location data from your mobile device. You agree that we may, where permitted by law, use precise location data from your mobile device for the purposes described in our Privacy Notice, including without limitation monitoring your location when you have opted in to our curbside pickup services. You acknowledge and accept that our ability to access precise location data from your mobile device is an essential element for the use of our location-based mobile services. A2B Rental Service is not responsible for any consequences that may derive from the failure to activate the functionality needed for us to access precise location data from your mobile device, including, but not limited to, the inability to deliver the Vehicle to your curbside location or the need for you to obtain possession of the Vehicle through alternative means.

  1. Connected Car Data. Equipment. Certain Vehicles (“Connected Cars”) are equipped with features, telematics systems, on-board devices, or built-in services and technologies that are capable of collecting data about the Vehicle and its use, including, for example, real-time location data and information regarding the Vehicle’s condition, damage and accident events and records, performance, operation and diagnostics, mileage, acceleration, braking, speed, fuel consumption, fuel level, tire pressure, odometer, direction and movements (collectively, the “Connected Car Data”). Certain Connected Cars may also be equipped to capture camera images, both inside and

outside the Vehicle, as well as audio recordings. The Connected Car Data that is collected may vary depending on the make and model of the Vehicle as well as the features and services you use. We cannot guarantee that a Vehicle without Connected Car Data features will be available at your time of rental. You agree that our Vehicles may transmit such Connected Car Data to us, our third party providers and/or the car manufacturer. If you are a driver of a fleet Vehicle associated with a corporate or commercial entity account, you agree that your organization also may have access to Connected Car Data, including real-time location data, associated with the organization’s fleet Vehicles. If you are a representative of a corporate or commercial entity account, you agree to ensure that drivers of your fleet Vehicles are provided notice and/or consent to the collection and use of such Connected Car Data where required by law. Equipment that collects Connected Car Data may be installed by us, on our behalf, or by the vehicle manufacturer. If the equipment is installed by the vehicle manufacturer, the vehicle manufacturer will process the Connected Car Data in accordance with its privacy notice. We may enter into agreements with vehicle manufacturers to receive Connected Car Data, and may use third parties to process the Connected Car Data on our behalf. You agree that by proceeding to rent a Connected Car you will be bound by the terms and conditions of the vehicle manufacturer’s Connected Car services agreement and privacy policy regarding Connected Car Data collection, use, sharing and retention, in addition to our own terms and policies. You should review the vehicle manufacturer’s website for details regarding their Connected Car terms and conditions and privacy policy. Uses. You agree that, to the extent permitted by law, we have the right to use Connected Car Data for the following purposes: (i) to provide certain aspects of our services to you (e.g., remote lock/unlock, remote disable engine/cancel ignition, and automatically transmit vehicle data such as location, odometer, fuel level and other data during the rental); (ii) to manage your Vehicle rental (e.g., start your rental, exchange or upgrade your Vehicle); (iii) to enable us and our corporate or commercial entity account to better understand how fleet Vehicles are being used; (iv) to analyze and enhance our services, improve efficiency in managing our inventory, maintaining our fleet and otherwise improving our services and operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of Vehicles which are overdue, lost or reported stolen, or suspected of being lost or stolen; (viii) to develop new products and services and enhance our existing products and services; (ix) to respond to requests from law enforcement and/or regulatory authorities; (x) as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services, (xi) to protect the rights and/or property of Avis or third parties; (xii) 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 in other circumstances in which we reasonably believe our Vehicles are being or have been used in violation of law or otherwise in the commission of a crime; and (xiii) to comply with law.

 

  • Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and A2B Rental Service agree that each shall give the other party written notice of the claim to be asserted thirty (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 Avis, you must send the written notice of the claim to Attention: A2B Rental Service, 11700 Reedy Branch Road Chesterfield, VA 23838 Attn: Legal Department. If A2B Rental Service intends to assert a claim against you, we will send written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this 30-day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE- DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR

 

DAMAGES (OR LACK THEREOF). Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by Applicable Law.) Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and A2B Rental Service arising out of, relating to or in connection with your rental of a vehicle from A2B Rental Service and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. BOTH PARTIES WAIVE THE RIGHT TO JURY TRIAL. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.

YOU AND A2B Rental Service AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON  AN  INDIVIDUAL  BASIS  AND  NOT  IN  A  CLASS.

REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Rental Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, A2B Rental Service will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration

Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in the Rental Agreement to the contrary, the parties agree that if A2B Rental Service seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) of which you have already provided notice to A2B Rental Service. Information on AAA, its rules, and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at http://www.adr.org.

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 A2B Rental Service, are exempt from the foregoing dispute resolution provision.

 

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