Airport Van Rental, Dallas-FortWorth Int'l Airport

By submitting the completed application form for the Membership Program via our website www.airportvanrental.com, you submit an offer to Airport Van Rental (AVR) to enroll as a member in the Program ("Member") subject to this Master Rental Agreement. After assessing your application, AVR will send you an email and confirm your membership at which point in time you and AVR are bound by this Master Rental Agreement. AVR will send you a Membership Program card via postal mail or email. Before submitting your application online, all information you entered into the application form will be displayed in an application summary for your examination. You can then identify and correct any input errors prior to submitting your application. The contract terms will be stored by AVR after conclusion of the contract and will be available to you via our website www.airportvanrental.com. You may print or save a copy of the Master Rental Agreement before submitting your application.

This Master Rental Agreement is between you and Airport Van Rental (AVR) and covers every rental of a motor vehicle by you from AVR under the Membership Program. You understand that by signing the Master Rental Agreement, you will be deemed to have accepted the Terms and Conditions of the agreement. In the event any Term or Condition of the agreement is prohibited by the law of a jurisdiction covering a rental, that Term is in that jurisdiction, ineffective only to the extent of that prohibition. You may terminate your enrollment in the Membership Program at any time by ________________.

Changes in the Master Rental Agreement must be in writing and signed by an authorized officer of AVR. You further agree that AVR has the 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 Airport Van Rental 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 Airport Van Rental web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to the Terms and Conditions will be posted as they occur on the Airport Van Rental web site at Airportvanrental.com and will govern all rentals even if the terms are different than at the time of your enrollment in the Membership Program. We may, in our sole discretion, terminate the Membership Program or your participation in the Membership Program at any time by written notice to you.

You agree to provide AVR with true, current and accurate information in your Membership Program online account ("Profile"), including your name, address, telephone number, email address, driver’s license and credit card information. You agree to promptly update your Profile or otherwise notify AVR if any of the information contained in your Profile has changed. If you update your email address on your Profile at any time through a rental transaction, you agree that AVR may rely on the updated email address for future communications under the Membership Program. If your Card or any credit card listed in your Profile (a) is lost, stolen or invalidated, (b) you suspect it is being used without your permission, or (c) expires, you will promptly notify AVR. You agree that it is your responsibility to notify AVR of any such changes and AVR is entitled to rely upon any and all information provided by you and contained in your Profile as being current and accurate. You shall indemnify and hold AVR harmless in respect of any loss, liability or expense arising out of any failure to notify AVR of any such change or which results from nondisclosure by you of any change in any of the information previously provided by you to AVR.

You understand that the information contained in your Profile will be part of any rental agreement you conclude as a Program Member with AVR's affiliates or licensees. AVR may update your Profile as necessary to correct contract ID numbers. You may change your designated preferences, as well as your acceptance or declination of optional services, products and benefits at any time for the next or your future rentals, by updating the information contained in your Profile. A lot attendant will also be present when you take possession of the vehicle. You may also change your preferences and/or your acceptance or declination of optional services, products and benefits, via the terms of a written rental agreement prepared by the lot attendant and signed by you.

This Master Rental Agreement and any notices or other communications regarding your Profile, rentals, and/or your use of the Membership Program, may be provided to you electronically. You agree to receive communications in an electronic form. Electronic Communications may be delivered to the last email address in your Profile. All Communications in either electronic or paper format will be considered to be in "writing". You expressly agree that any notice due under this Agreement may be given in email form to the email address provided by you and contained in your Profile.

AVR may change the locations where Membership Program rentals are available. When renting a vehicle from a location not offering Membership Program rentals, you acknowledge that you will be required to follow standard AVR rental procedures.

The following Terms and Conditions form part of the Master Rental Agreement You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. For all of the provisions herein, the term “Renter” shall include any and all additional and authorized drivers. The “Company” is Airport Van Rental.

1. AUTHORIZED DRIVERS: Renter represents that he or she is a capable and validly licensed driver, whose license has been validly issued, is in good standing and remains in good standing as a condition precedent to each rental. In addition to the named Renter, and except where otherwise specifically authorized by applicable law, the Vehicle may be driven only: (a) with the permission of the Company; (b) by an additional driver who is named on the rental agreement or who is the spouse of the named Renter; (c) who has signed this rental agreement; (d) who is at least 21 years of age; and (e) who holds a valid driver’s license. ALL OTHER DRIVERS ARE UNAUTHORIZED AND ARE PROHIBITED FROM OPERATING THE VEHICLE.

2. VEHICLE: The word "vehicle" means the vehicle rented to you or its replacement and includes tires, rims, tools, equipment, accessories, keys and vehicle documents does not belong to the Renter but is delivered to Renter for rental purposes only and in good operating condition. Renter agrees to inspect the Vehicle before leaving Company premises to insure the Vehicle is in good condition with no apparent defects. Renter must notify Company immediately concerning any problem or defects in the Vehicle. Renter will not operate the vehicle if it is damaged or in in need of repair and Renter will be responsible for all damage to the Vehicle resulting from such use. THERE IS NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY VEHICLE COVERED BY THIS AGREEMENT.

3. VEHICLE RETURN: Renter agrees 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 document. Renter must return it sooner on our demand. If it (a) is not returned on the date and at the location which it is due back; (b) is illegally parked; (c) is used in violation of the law or of this Agreement; (d) is or appears to be abandoned, or (e) if Renter gives false or misleading information at the time of rental, Company shall have the right to repossess the Vehicle at any time, without notice to the Renter. All charges for the repossession will be Renter’s responsibility. If Renter returns it earlier or later, a different or higher rate may apply and, if returned later, Renter may also be charged a late return fee. Renter may not return the vehicle outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the vehicle will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the vehicle. Operating hours vary by location. If we do not find the vehicle when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the vehicle is actually returned or recovered. If you wish to extend any rental you must contact us to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. 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.

4. RENTAL CHARGES: CREDIT CARD: Renter will pay on demand the rental rate, taxes, and other charges shown on the “charges” section of this Agreement and for all other items for which Renter is responsible. Renter will pay interest at the highest rate permitted by the law on any past due charges and will also pay any collection costs, including reasonable attorney’s fee and all court costs. Renter authorizes Company to charge Renter’s credit card and to use any rental deposits for the pre-calculated charges, and upon return of the Vehicle for any fines, fuel charges, or other fees and expenses for which Renter is responsible under this Agreement.

5. RESPONSIBILITY FOR LOSS OR DAMAGE: If the Renter does not accept and pay for the Collision Damage Waiver, and or accepts and pays for the Collision Damage Waiver but is in violation of the provisions of paragraph 12, Renter is liable for all damage to or loss of the vehicle based on repair costs or estimated repair costs, and at Company’s option, diminished value of the rental vehicle as determined by Company, plus towing, impound fees, loss of use (regardless of fleet utilization) and administrative charges, regardless of whom is at fault for causing the damage or loss. Any limitation of Renter’s responsibility must be specifically set forth within this Agreement or as provided by law. If Company elects not to repair the Vehicle because the damages are severe, Renter will pay Company retail value of the Vehicle before it was damaged, plus administrative charges and the cost of collection, including attorney’s fees, less any amount Company receives for selling the vehicle. Renter will be responsible for unauthorized repairs; Company will not reimburse Renter for authorized repair without receipts. Renter also agrees to pay for the reasonable cost to clean Vehicle returned excessively dirty. In Illinois, if the car is damaged, you will pay our estimated repair cost up to the amount specified by law. If the car is stolen and not recovered you will pay the car’s fair market value before it was stolen. If the law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different than the terms of this Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.

6. COLLISION DAMAGE WAIVER (CDW): Collision Damage Waiver (“CDW”) is not insurance and not mandatory. Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. If you accept CDW by your initials on the rental document at the additional daily rate, pay the charges for each full or partial day that the vehicle is rented to you, and the vehicle is operated in accordance with the Agreement, we assume responsibility for the loss of or damage to the vehicle except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire services, unless related to an accident, or recovery of the car if stolen, damage caused by the use of snow chains, overhead damage ,and except for your amount of "responsibility", if any, specified on the rental document. Deductible Damage Waiver (“DDW”) is only available to Renters who carry an existing auto policy and who have declined CDW. If accepted we will waive your financial responsibility for damages to the rental vehicle up to the amount of your applicable primary insurance deductible. If Renter accepts and pays for the Collision Damage Waiver or Deductible Damage Waiver, but is in violation of the provisions of paragraph 12, the CDW or DDW will be void and Renter will owe for all loss or damage to the vehicle. Renter also acknowledges reading the notice on loss damage shown on the rental document, or in these Terms and Conditions, or in a separate notice form.

7. CITATIONS/VIOLATIONS: Renter is responsible for all traffic citations/violations incurred during the term of the rental. Renter also agrees to pay administrative fees of $55.00 per violation, and Renter authorizes payment by credit card pursuant to Paragraph 4 of this agreement.

8. TOLLS SERVICE: If you do not pay cash for tolls or the roadway does not accept cash payment you automatically opt into our tolls service, pursuant 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. Under the toll program, once you pass through an electronic toll you will pay a convenience fee of $4.95 for each day of the entire rental period, including any days on which toll service is not used, up to a maximum of $24.75 per rental month plus incurred tolls a maximum prevailing rates, posted by the toll authority. You can avoid the convenience fee any other charges by paying the toll in cash, using your electronic toll device, or avoiding any cashless toll road or passage. The charges may take 4-8 weeks after the rental to be bill to your credit/debit card on file.

9. THEFT OF VEHICLE; REPORTING OF DAMAGES: Renter is responsible for all loss due to the theft of the vehicle and all damage due to vandalism that occurs in connection with a theft, if Renter fails to exercise ordinary care while in possession of the Vehicle. Failing to safe-guard the keys to the Vehicle or allowing a person who is not an Authorized driver to use the Vehicle is not an exercise of ordinary care, but a willful and reckless act and a breach of this agreement. Renter must report all accidents involving the Vehicle, or theft of the Vehicle, or vandalism to the Company within 24 hours of occurrence, and to the police as soon as Renter discovers them. Renter must complete an incident/accident report form for any new damage to the Vehicle upon its return. Company shall retain the rental deposit until the incident/accident report form is completed and signed.

10. LIABILITY FOR DAMAGE OR INJURY TO OTHERS; INDEMNIFICATION: Renter is primarily responsible for all damage and loss caused to third parties by the operation of the Vehicle. Renter agrees to provide automobile liability comprehensive and collision insurance which covers Renter, the Company and the rented vehicle, with at least the minimum liability and property damage coverages required by California law. To the fullest extent permitted by law, Renter agrees to indemnify and hold Company, it’s agents, employees and affiliates, harmless from any and all claims, losses, expenses and damages, including reasonable attorney’s fees, for injury or damage to persons or property of any kind or nature whatsoever (including death resulting from such injury), caused by, resulting from, arising out of, or occurring in connection with the rental of the vehicle pursuant to this Agreement.

11. REJECTION OF UNINSURED/UNDERINSURED MOTORIST PROTECTION: No insurance coverages are provided to Renter by this agreement unless separately purchased at the time of rental. Uninsured/Underinsured Motorist protection (“UM/UIM”) protects the driver and passengers of a vehicle for losses and damage sustained if injury is caused by the negligence of a driver who either does not have any, or has inadequate, insurance to pay for losses and damages. EXCEPT TO THE EXTENT PROVIDED IN ANY OPTIONAL INSURANCE PRODUCT THAT YOU SELECT AND PAY COMPANY FOR, YOU REJECT UM/UIM COVERAGE UNDER THIS AGREEMENT AND ANY POLICY OF INSURANCE OR SELF-INSURANCE ISSUED UNDER THIS AGREEMENT, FOR YOURSELF AND ALL OTHER PASSENGERS IN THE VEHICLE

12. USE RESTRICTIONS: Renter will operate the Vehicle in a safe and prudent manner. Vehicle will not be used by anyone (a) who is not an authorized in the rental agreement and a licensed driver, and; (b) who obtains the Vehicle with fraudulent, misleading, or false information, (c) using the Vehicle for commercial hire or to push or tow anything; (d) while used in connection with conduct that could be properly charged as a felony; (e) while involved in a speed test or contest or in driver training activity;(f) in a willful, intentional, wanton, or reckless manner; (g) operating the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions; (h) operating the vehicle under the influence of drugs or alcohol (i) operates the Vehicle outside of the United States (j) who operates the vehicle when further use of the Vehicle would cause it damage (such as warning light, flat tire, steam rising from engine, unusual noise). Snow chains are prohibited unless a) required by order of law enforcement agencies or park rangers; b) or necessary to drive safely through areas where snow, ice, slush or mud creates dangerous driving conditions. Snow chains must be of the proper size and specification for the vehicle and must be properly affixed. Renter is responsible for all damages resulting from the use of snow chains. Renter is prohibited from removing or disabling any electronic devices on the vehicle, and shall be charged a $50.00 fee plus actual damages if an electronic device is disabled or removed during the rental.

13. RENTER LIABILITY PROTECTION (RLP): RLP is not mandatory. If you accept RLP by your initials on the rental document at the additional daily rate, and you pay the charges for each full or partial day that the vehicle is rented to you then you or another person driving the car who is an authorized driver as defined in paragraph 1 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 the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) 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 drivers family, or to a fellow employee arising out of or in the course of employment; (c) 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. RLP is not available for rentals originating in Oregon.

14. SUPPLEMENTAL LIABILITY INSURANCE (SLI) & EXCLUSTIONS: If you elect to purchase SLI, coverage will be provided to you and any authorized driver under an excess automobile policy. SLI provides supplemental liability protection for third party automobile claims. Coverage begins at the greater of: 1) your personal auto insurance or 2) the state minimum financial responsible limits and provides supplemental coverage from that amount up to $1,000,000. SLP is supplemental and does not provide basic primary coverage. This coverage is provided under a policy of excess liability insurance more fully described in the available brochure and is subject to all of the conditions and limitations described in paragraph 12 above, except that notwithstanding anything contained in the Agreement, the terms of the policy will at all times control. SLI does not apply to liability for bodily injury or property damage arising out of any "prohibited use of the car" as described in paragraph 15 of the Agreement, all of which are exclusions to SLI. Other exclusions to SLI are listed in the SLI policy. You understand that you will be charged the rate per day for a full day even if you don’t have the car for the entire day.

15. ROADSIDE ASSISTANCE (RSA): Roadside assistance is not insurance and is not mandatory. is available to all renters. If you accept RSA by your initials on the rental document at the additional daily rate, for each full or partial day that the vehicle is rented to you and the vehicle is operated in accordance with the Agreement, it will cover your expenses for the following: Dead battery, ignition keys locked in the vehicle, running out of gas, flat tire, or mechanical failure. It does not cover the replacement costs of lost keys, or expenses resulting from violation of the use restrictions listed in paragraph 12.

16. PERSONAL ACCIDENT AND PERSONAL EFFECTS COVERAGES (PAI/PEC): PAI/PEC is not mandatory and is available to all renters. If you accept PAI/PEC by your initials on the rental document at the additional daily rate, for each full or partial day that the vehicle is rented to you and the vehicle is operated in accordance with the Agreement, it will cover your expenses for the following: Accidental death to renter - $250,000; Accidental death to passenger-$100,000; Accidental medical expenses and ambulance fees - maximum of $2,500; Personal effects coverage – maximum of $750 total.

17. RENTER RESPONSIBLE FOR PROPERTY: Renter is solely responsible for any property left or stored in the Vehicle, shuttle bus, or anywhere at the renting location, no matter who received, stored or handled the property.

18. MISCELLANEOUS: Renter will pay all costs incurred by Company and will defend and indemnify Company from all claims, demands and lawsuits resulting from (a) operation of the Vehicle; (b) any action by Company to secure the return of the Vehicle or otherwise enforce the terms of the Agreement;(c) any action against the Company resulting from a breach of this Agreement; and (d) the issuance of a warrant for the arrest of Renter or any person operating the Vehicle. This contract shall be construed and governed by the laws of the State of California.

19. ARBITRATION: Any dispute, claim, or controversy brought by the Renter arising out of the rental or this agreement or breach thereof shall be resolved by arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will be conducted in the City of Los Angeles, CA in accordance with the US Arbitration Act. There shall be three arbitrators, named in accordance with such rules. The award of arbitrators shall be binding accompanied by a statement of the reasons upon which the award is based.