This Agreement sets forth the terms and conditions of the Rental contract for the rental, use and custodianship of one or more vehicles (as described in Schedule 4 between AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party, herein after called (referred to herein as the “Company”, “we”, “our” or “us”) and you (the “Renter”). The maximum period of this agreement shall be no greater than twenty-eight Days (28) days, or a term that is less than twenty-eight Days (28) days as detailed on your specific contract between AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party. By accepting this Agreement, as it may be amended from time to time as provided below, you accept and agree to comply with below terms and conditions. If this “Vehicle Rental Agreement” conflicts with, varies from, or modifies the terms and conditions of its subsidiaries or third-party affiliates agreement, the terms, conditions, and provisions hereof shall control and govern the rights and obligations of the parties hereto.
TO DRIVE OUR VEHICLES AND USE OUR SERVICES, YOU MUST ACCEPT AND AGREE TO THIS ENTIRE AGREEMENT. YOU CANNOT PICK AND CHOOSE CERTAIN PROVISIONS TO AGREE TO AND YOU CANNOT MODIFY THIS AGREEMENT IN ANY WAY. OUR CUSTOMER SERVICE REPRESENTATIVES DO NOT HAVE THE POWER OR AUTHORITY TO AGREE TO ANY MODIFICATION TO OR WAIVER OF THIS AGREEMENT UNLESS IT IS IN WRITING AND DELIVERED TO ALL PARTIES TO THIS AGREEMENT VIA US CERTIFIED MAIL. YOU MUST NOT RELY ON ANY VERBAL OR ORAL MODIFICATIONS ALTERATIONS OR WAIVER OF ANY PART OF THIS AGREEMENT.
If you have any questions regarding this Agreement, please contact us via email at [email protected] or by telephone at 833.305.3500.
- Purpose and Definitions
Company hereby rents the vehicle to Renter, subject to all the terms and conditions of this Agreement. This Agreement only constitutes a use agreement, and it should not be interpreted to represent in any form or manner the acquisition of any interest in or ownership right to the Vehicle other than for the vehicle rental, use and operation rights provided for herein or provided by applicable law. Capitalized terms used in these Terms and Conditions are not defined in these Terms and Conditions and will have the respective meanings set forth on the Rental Details.
In this Agreement, the following definitions apply:
The words “you,” “your” and “yours” means the Renter, identified on the Rental Terms. To the extent permissible by law, all persons defined as “you” or “your” are jointly and severally bound by and this Agreement.
“Agreement” means this Vehicle Use Agreement, the Schedules to this Agreement whether made available in print or electronically through our website or app.
“Parties” means the Company and the Renter.
“Rules” means all of the Company’s rules, requirements, policies and procedures related to your use of our vehicles and our services.
“Scheduled maintenance” means any required scheduled maintenance or maintenance due to normal wear and tear of the vehicle as reflected in hereto. Repairs necessary because of problems or damages caused by the Renter or as a result of his or her driving (other than normal wear and tear) in the sole determination of the Company are not included in the definition of maintenance.
“Schedules” means all the schedules, rate plans and polices referenced in or incorporated into this Agreement, each as amended, modified or supplemented from time to time.
“Renter” or “Driver” means the person who signs or accepts this Agreement and who is financially responsible for all fees, charges and other costs associated with the Rental for our services under this Agreement, including application fees, Rental fees, driving charges and other costs or fees that may be indicated in the Rules of Use and Schedules from time to time. Such obligations may not be assumed or assigned to, a third party.
“We” or “us” or the “Company” means AmeriDrive Holdings, Inc. or any of our subsidiaries or any successor party, herein.
Eligibility will be determined by HyreCar however if you don’t meet the minimum- requirements of Company, we reserve the right to revoke said eligibility. Our minimum eligibility requirements are:
To be eligible to drive our vehicles and use our services, you, must at all times:
- Be at least, 21 years of age;
- Hold a valid driver’s license valid for use of the vehicle in the jurisdiction of your primary residence or otherwise;
- Have and maintain a driving history that meets our then current eligibility requirements;
- Accurately, truthfully and fully complete our application, deliver all information and documents that we may request in the application process;
- Be accepted by the Company’s Insurance carrier;
- Have your application accepted by us; and;
- Remain in good standing which includes continuing to have a valid driver’s license to operate the vehicle and be current with all your obligations under this agreement.
Please note that acceptance of your application by an AmeriDrive subsidiaries or third-party affiliates is still subject to AmeriDrive approval based on our sole discretion should you not meet our minimum requirements, and your Rental may be denied at any time, even if it is accepted, it can thereafter be terminated, based upon criteria established from time to time by us or our insurance providers. In addition, even if we approve your application and have not terminated it, you may be restricted from driving certain vehicles based upon your driving history and experience or the type of vehicle class that you have selected.
You understand and agree that Company are and will continue to be the owner of all vehicles or other items that we provide to you during the term of this Agreement, including specifically and without limitation, everything that is provided to you with those vehicles (such as electronic toll passes, car chargers and other vehicle accessories), and all software and applications that we use in connection with our vehicles and services. Your use of, and rights in relation to, any vehicle or item provided by us under this Agreement are limited to those rights of use stated in this Agreement. You are not acquiring any ownership interest in any vehicle or other personal property contained in, or in any way related to, the vehicle. You will operate the Vehicle pursuant to all applicable laws and you will not leave the Vehicle unattended with the keys in it. You will not damage or deface the Vehicle, and you will not remove, tamper with, or disable any Vehicle part, accessory, or equipment. In addition, the Vehicle will NOT be operated or driven by anyone who is not an approved Renter.
- Fees and Cost: Driver shall pay all other charges fees and cost due under the Agreement upon the return of the Vehicle, including but not limited to:
- charges for optional services selected by the Driver;
- mileage overage of $0.25 per mile plus taxes, if applicable;
- damage to, repair of, or loss of the Vehicle, including without limitation, the loss of use, diminution of the Vehicle’s value caused by the damage or repair, administrative and legal fees for claim processing;
- Daily Rental Price plus an additional $15 late delivery administrative fee, beginning 24 hours after the end of the Rental Period;
- unless due to the fault of the Owner, all fines, penalties, traffic and/or parking violations, toll fees, court costs, towing and impound charges, and other associated third-party costs incurred during the Rental Period;
- all expenses Owner incurs related to Driver’s failure to return the Vehicle, including without limitation, costs of locating and recovering the vehicle;
- 1.5% interest per month (or the maximum allowed by law), for any amount due which are more than 14 days past due;
- all costs incurred to collect unpaid amounts due, including debt collection agency, attorney, or other third-party costs; and
- the greater of twenty-five dollars ($25) per day or the maximum amount allowed by law if Driver’s payments are stopped, rejected for insufficient funds, or for any other reason the payment from Driver is dishonored.
Billing and changes in fees: This Agreement and the subsequent charges to the Renter are subject to state and local sales taxes within the State of where the possession of your vehicle under the Rental agreement was initiated.
Except for the taxes described in the preceding paragraph, you are required to pay all fees and costs incurred when due, including, without limitation, any Rental fees (which are automatically charged when due, as stated above), sales and other taxes and levies, refueling costs, road toll fees and any other costs and fees as provided in the Rental Agreement, these Rules of Use and the Schedules (including the then current Fees and Rates Schedule).
You will be billed for all amounts due via a credit or debit card that we will keep on file or by any other means that we agree to. If your account is past due or if your credit or debit card provider rejects any payment that is owed to us, then your use of our vehicles and services may be terminated by us immediately upon notice to you. If there are ongoing issues with credit or debit card billings, then your use of our vehicles and services may be terminated immediately in our sole discretion. We will not be responsible under any circumstances for any overdraft or other fees charged by your credit card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collection activities.
We will always inform you clearly when the cost of a fee is changing before processing your payment. If you have made a request to us, that results in a change in the fees that you owe to us, then we will inform you of these changes before processing your request and we follow up with a confirmation email to you. If we need to initiate a change in our fees, then we will send you an email clearly communicating those changes before processing your payment. The communication will lay out the original fee, the new fee and the effective date of the change.
Deposit: We reserve the right to require an additional deposit upon sign-up or at a later time at our sole discretion, the payment for which will be required to continue utilizing our vehicles. Your deposit (or a portion thereof) may be returned to you upon cancellation of your Rental or at the end of the term of this agreement to be determined at our sole discretion.
Payment of Fees and Cost: Your account will be charged automatically (customarily within the four-hour period after your approval). If we approve your Rental offer for a new Rental period, your credit or debit card or bank account will be automatically charged commensurate with the period of your vehicle usage agreement.
You are required to pay all fees and costs incurred when due, including, without limitation, sales and other taxes and levies, refueling costs, road toll fees, excess mileage and other costs and fees as provided. You will be billed and charged for all amounts due via a credit or debit card or any other means that AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party, herein agree upon. If your account is past due or there are ongoing issues with credit or debit card billings, or if your credit or debit card provider rejects any payment that is owed to us, then we, in our sole discretion are authorized to immediately terminate the rental provisions contained herein and terminate your rights to use of our vehicles and your services will be terminated by us in accordance with our Rules and Regulations. You will be responsible for any bank fees and we will not be responsible under any circumstances for any overdraft or other fees charged by your credit card provider or bank. We may use third parties to collect amounts owed by you, and you will also be responsible for any collection or similar fees associated with these collections.
You are responsible for all reasonable costs arising from one of our vehicles being (a) returned or left at any location other than the location that we specify for your authorized return pick-up or exchange of the vehicle or (b) seized by a governmental authority, if the seizure arises from your conduct or any acts whatsoever. These costs include (without limitation) parking charges, parking citations, towing, storage and impound fees. You are liable for all attorneys’ fees incurred in recovering our vehicle, including from a governmental or private authority. You are liable for all parking or traffic violation fines incurred during your or a use of the applicable vehicle, and you authorize us to charge your credit card for such fines as well as a $100 administration fee, enforceable at our discretion, for each such fine.
You agree to provide to and maintain with us your current email address, your current mobile phone number, your current mailing address and all other account information, including your current credit card or debit card information. You also agree that we can update your driving history verification from time to time in our discretion and based on availability from your licensing authority. This agreement will be automatically revoked and terminates upon revocation or suspension of your diving privilege. If your driving privileges are revoked you agree to: 1. Stop driving the vehicles as soon as it is safe to do so, 2. Inform AmeriDrive that your privileges have been Revoked. 3.Transmit the location of the vehicle. 4. Secure the vehicle. 5. Cooperate in the recovery procedure.
By applying for our Rental services, you authorize us to obtain your driving records from the jurisdiction that issued your driver’s license and in any other jurisdiction that we desire and such cost maybe charge to you up a maximum of $50 per driving record jurisdiction. If you do not have a driver’s license from the jurisdiction in which you reside or you have presented to us a forged false or fraudulent driver’s license or driver’s license of another party other than the Renter, such acts constitute a material breach of this Agreement. We may at any time require you to demonstrate compliance with the licensing laws of your jurisdiction of residence and/or impose further policies regarding the obligation to be licensed in your jurisdiction of residence. We reserve the right to request, at any time, additional information, such as a copy of a passport or other government issued identification or proof of address. As a condition to us agreeing to allow you to drive our vehicles, you must maintain a good driving record, and you provide complete authorization for us to check your driving records at any time. If you do not continue to meet our eligibility requirements, we reserve the right, at our sole discretion, to suspend, constrain or terminate your right to drive our vehicles or use our services.
Please be advised that, among other things, such events, or your failure to notify us promptly of any such events, may lead to you not being covered by our insurance policy when driving our vehicles and will give us the right to immediately terminate your Rental.
Return of Vehicle: Driver shall return the Vehicle at the end of the Rental Period to the agreed upon return location, with the same amount of gas as when the Vehicle was picked up, and in the same condition as Driver received it, except for normal wear and tear. If Driver connects to the Vehicle’s navigation/infotainment system for directions, to use the hands-free phone functionality, or otherwise, Driver is responsible for deleting all of Driver’s personal data from the Vehicle at the end of the Rental Period. Upon request, Owner shall provide Driver with instructions for how to remove this data from the Vehicle. Additional charges may be incurred if Vehicle is not returned in accordance with this paragraph.
- Insurance and Loss
If you are in good standing and are authorized to operate one of our vehicles under this Agreement, and subject to you fulfilling all your obligations under this Agreement, HyreCar’s insurance coverage as reflected in their contract (both third party and self-insurance) will apply to cover certain damages incurred in an accident (“Insurance”). Your personal property is not covered by our insurance.
No coverage is provided for any use of our vehicles by any unauthorized driver as defined by the terms of this Agreement. However, if such coverage is mandated by law, then the limits of such protection will be the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs, or the claim is adjudicated.
Should a loss occur while the vehicle is in your possession, you unconditionally agree to immediately notify us of such loss and provide a written statement of the events and pictures of the loss, appear and cooperate with company, and company’s insurer or any other third party to investigate and litigate the claim. You unconditionally agree to appear voluntarily at the time and place requested by any insurer, the Company or any third party including the court. Company can enforce such obligation by way of writ of bodily attachment or other comparable legal or equitable relief to compel appearance lawfully.
- Damages to vehicles or third parties
Notwithstanding Section 5 above, you acknowledge and admit that while the vehicle is in your actual physical control, only you decide and effectuate all movements of the vehicle and AmeriDrive Holdings, Inc. has no power over those movements or decisions. Additionally, you acknowledge and agree that only you, are in a position to ensure that you are physically or mentally fit to drive the vehicle at any given moment. You agree that you are responsible for any and all loss and damage that occurs to or that is caused by our vehicles while they are in your possession or control, and you are responsible for the full value of any damages or injuries caused to any third parties or their property to the extent the insurance described in Section 5 does not cover such damages or losses, regardless of the reason for such non-coverage, whether because of your breach of this Agreement or otherwise. Such damages include, without limitation, the repair costs (estimated or actual) including depreciation for our vehicle and any third-party property, loss of use of the vehicle, injuries to third parties, costs associated with the recovery, storage or transportation of our vehicle, costs associated with theft, flood, fire, weather and accident (including replacement cost) including the loss of use of our vehicle or any third-party property.
- Limitations of liability
UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR THE WRONGFULL, INTENTIONAL NEGLIGENT OR CRIMINAL ACTS BY ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT, REVENUE, GOODWILL, BUSINESS OPPORTUNITY OR ANTICIPATED SAVINGS, ARISING FROM OR RELATED TO THIS AGREEMENT OR THE USE OF OUR VEHICLES OR SERVICES. Without limiting the foregoing, we shall have no liability for (1) any loss of, or damage to, any goods in or on any of our vehicles or in or on any third party vehicle, (2) any loss, damage, injury or death in relation to you, or any other third party arising from the use of one of our vehicles, (3) any loss or damage incurred by you as a result of any claims made by a third party or (4) any loss or damage incurred by you arising from or in relation to either (A) the non-availability, supply, operation or use of one of our vehicles or (B) any accessories in or to one of our vehicles, whether supplied by us or by you (for example, luggage racks, bicycle racks, baby seats and the like, and in all cases, you are responsible for the safe installation and maintenance of such accessories and must regularly check the condition of such accessories before each use).
TO THE EXTENT PERMISSIBLE BY LAW, YOU WAIVE ALL RECOURSE AGAINST COMPANY OR AMERIDRIVE FOR ANY CRIMINAL REPORTS OR CRIMINAL PROSECUTIONS THAT THE COMPANY MAY UNDERTAKES AGAINST YOU ARISING OUT OF YOUR BREACH OF THIS AGREEMENT.
- Term and termination
This Agreement shall commence upon the acceptance by us and your payment of any applicable fees. The term of this Agreement shall continue for the period thereafter through the end of your Rental term, unless earlier terminated in accordance with this Section 8. At no time shall the maximum period of this agreement be greater than twenty-eight Days (28) days, as detailed on your specific contract between AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party.
We may terminate this Agreement at any time and for any reason upon no less than three (3) days’ notices to you, in which event we will, if applicable, refund to you within a reasonable time a prorated portion of your Rental fee for the Rental period when termination occurs minus any fees or expenses that you have incurred and you are solely responsible for pursuant to this Agreement.
We may also, upon notice to you, immediately terminate this Agreement (and other fees will be refunded to you in the event of termination pursuant to this paragraph) if:
- You travel outside the approved radius of 150 miles from the pickup location.
- You fail to pay any sum due under this Agreement;
- You fail to comply with any term or condition specified in this Agreement or the Rules;
- You are involved in an incident with one of our vehicles that we believe, in our reasonable discretion, renders you ineligible or inappropriate for continued rights to use our vehicles or services;
- You engage in any activities or conduct that we determine, in our reasonable discretion, to be inappropriate, negligent, offensive, abusive, illegal, or otherwise unacceptable; or
- You are not paying your debts as such debts generally become due, you become insolvent or file or have filed against you a petition for bankruptcy, insolvency law or similar law or you propose any dissolution, liquidation, financial reorganization or recapitalization with creditors, or you make a general assignment for the benefit of creditors or if a receiver, trustee, custodian or similar agent is appointed for you or takes possession of any of your property or business.
Upon the occurrence of any of the above conditions of this Agreement, all of your rights to use our vehicles and services shall immediately terminate. At the time of such termination, you will peacefully and voluntarily turn over possession of your vehicle to the Company. If permitted by the laws of the state in which your vehicle is located, we can have any vehicle in your possession deactivated any time that you breach this agreement in any manner including non-payment, late return, or endangerment of the vehicle. If you subsequently desire to reactivate the vehicle before repossession, in addition to paying all balances then currently owed you agree that the Company may charge you up to $150.00 reactivation fee for any such reactivation. We can also have any of our vehicles in your possession peacefully repossessed at any time at your expense and without notice should you violate any of the terms and conditions of this Agreement or fail to return the vehicle as required by this Agreement. As a result of repossession, you agree to pay all costs associated with the recovery, as well as reasonable legal fees. You hereby agree to waive all claims for damages connected with the recovery. You agree to immediately return our vehicles and any of our other property in your possession upon demand.
With respect to any termination or cancellation of this Agreement, you shall remain responsible for any fees, costs or expenses incurred prior to termination of this Agreement. Additionally, you shall be responsible for, and you agree to pay, any legal fees, court costs or expenses associated with enforcing the terms of this Agreement, whether upon termination or otherwise.
- Schedules and amendments, modifications and supplements to this Agreement and the Schedules
The following Schedules are included as a material part of this Agreement:
Schedule 1: Rules of Vehicle Use: Explains required procedures to follow
We reserve the right to change the terms of this Agreement, including the Schedules to this Agreement, at any time and from time to time. We will give you prompt notice of any changes. Unless we designate a different date, all changes will be effective when we give notice of them to you. Notice will be considered given when such notice is referenced on and accessible from the first page accessed on HyreCar website (including their mobile website and mobile app), when we provide it to you by email to your address on file with us (if you have requested or allowed email delivery), or when we provide it to you via our online platform or other electronic means. You agree that the amended terms and conditions of this Agreement shall become effective and binding on you upon the effective date indicated in such notice or on such other the date as we may designate in the notice without you having to sign this Agreement again and without you having to sign a copy of any Amendment.
- Arbitration Agreement and Waivers of Class Actions and Jury trial
IT IS IMPORTANT THAT RENTER READ THIS ARBITRATION PROVISION CAREFULLY. IT PROVIDES THAT RENTERS ARE REQUIRED TO SETTLE ALL CLAIMS OR DISPUTES THROUGH ARBITRATION, EVEN IF RENTER PREFERS TO LITIGATE SUCH CLAIMS IN COURT, EXCEPT FOR THOSE SPECIFICALLY MENTIONED HEREIN. RENTER IS WAIVING ANY RIGHTS RENTER MAY HAVE TO LITIGATE THE CLAIMS IN A COURT OR BEFORE A JURY. RENTER IS WAIVING THE RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ACTION ARBITRATION OR OTHER REPRESENTATIVE ACTION WITH RESPECT TO ANY SUCH CLAIMS. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL ANY PARTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION LOSS OF PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS ARBITRATION PROVISION GOVERNS ALL CLAIMS, EXCEPT THOSE SPECIFICALLY EXEMPTED BELOW HEREIN, WHETHER SUCH CLAIMS ARE BASED ON LAW, STATUTE, CONTRACT, REGULATION, ORDINANCE, TORT, COMMON LAW, CONSTITUTIONAL PROVISION, OR ANY OTHER LEGAL THEORY AND WHETHER SUCH CLAIM SEEKS AS REMEDIES MONEY DAMAGES, PENALTIES, INJUNCTIONS OR DECLARATORY OR EQUITABLE RELIEF. CLAIMS SUBJECT TO THIS ARBITRATION PROVISION INCLUDE CLAIMS REGARDING THE APPLICABILITY OF THIS PROVISION OR THE VALIDITY OF THIS OR ANY CURRENT OR PRIOR RENTER AGREEMENT. AS USED IN THIS PROVISION, THE TERM “CLAIM” IS TO BE GIVEN THE BROADEST POSSIBLE MEANING AND INCLUDES ALL CLAIMS THAT AROSE IN THE PAST OR ARISE IN THE PRESENT OR FUTURE. CLAIMS, UNDER THIS AGREEMENT WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND CAPACITY AND THE ARBITRATION WILL BE AT ALL TIMES CONDUCTED AS AN INDIVIDUAL ARBITRATION ACTION. THIS MEANS THAT EVEN IF A CLASS ACTION LAWSUIT OR OTHER REPRESENTATIVE ACTION, INCLUDING ACTIONS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION, IS FILED, ANY CLAIM RELATED TO THE ISSUES OF SUCH LAWSUITS WILL BE SUBJECT TO ARBITRATION. CLAIMS SUBJECT TO ARBITRATION ALSO INCLUDES CLAIMS THAT ARE RAISED AS COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS, INTERPLEADERS OR OTHERWISE.
The Arbitration Process
The decision or award of the arbitrator shall be final and binding upon ALL the parties. The arbitrator shall have the power to award any type of legal or equitable relief available in a court of competent jurisdiction including, but not limited to, attorney’s fees, to the extent such damages are available under applicable law and under this agreement. Because any arbitral award may be entered as a judgment or order in any court of competent jurisdiction, any relief or recovery to which you may be entitled upon any claim shall be limited to that awarded by the arbitrator.
Any claim for arbitration will be timely only if brought within the time in which an administrative charge or complaint would have been filed if the claim is one which could be filed with an administrative agency. If the arbitration claim raises an issue which could not have been filed with an administrative agency, then the claim must be timely filed within the time set forth by the appropriate and applicable statute of limitation where the action arose.
The arbitration shall be arbitrated by a single arbitrator in accordance with the National Rules for the Resolution of Employment Disputes of the American Arbitration Association (“AAA”) except all arbitrators or members of the appeal panel (which is discussed below) must be members of the bar in good standing in the state in which the dispute arose.
You may contact the AAA to request a copy of these at 140 West 51st Street, New York, New York 10020-1203, telephone no. 1800-778-7879, faxno. (212) 307-4387 or obtain them from AAA’s website (www.adr.org).
Appeals of an Arbitrator’s Decision/Award
A party may file for an appeal of a decision of an arbitrator to a panel of three arbitrators (the “panel”) within thirty (30) calendar days of receipt of the arbitrator’s decision. The appeal panel shall be selected in accordance with the Rules of the AAA. If the AAA does not have rules for selection of a panel, then the parties shall come to a mutual agreement on the selection procedure for the panel, and if no such agreement on the procedure is reached then the AAA shall dictate the procedure. The panel to which the appeal is brought shall review the arbitrator’s decision as if it is a court of appellate jurisdiction reviewing a lower court’s decision. To this end, either party, at its own expense, may have the arbitration transcribed. If the arbitration is not transcribed, the panel still may evaluate the arbitrator’s decision based on the decision itself as well as any other evidence it deems appropriate to consider. No bond shall be required in the case of an appeal. The panel shall set an appropriate schedule for the briefing of the appeal and oral argument if necessary. A judgment which is not timely appealed may be filed and entered in any court having jurisdiction as a final order. An interlocutory appeal of an arbitrator’s decision may be brought before a panel where an arbitrator has breached the explicit rules of this Program and/or Agreement or a party seeks to recuse or remove an arbitrator for legally sufficient grounds.
NOTWITHSTANDING THE ABOVE, THE FOLLOWING CLAIMS WILL NOT BE SUBJECT TO THE ARBITRATION PROVISON ABOVE:
1) ANY ACTIONS FOR NON-PAYMENT,
2) ACTIONS FOR COLLECTIONS,
4) WRITS OF REPLEVIN,
5) INJUNCTIONS or EQUITABLE ACTIONS,
6) BONDS AND LIENS,
7) INSURANCE CLAIMS OR LOSES,
8) THEFT, CIVIL THEFT AND VANDALISM.
By becoming a Renter, you represent and warrant to us that you have received all explanations that you may have reasonably requested concerning the content of this Agreement, including all Schedules, and that you have carefully reviewed and understand and agree to your commitments and obligations hereunder. The rights granted to you under this Agreement are not assignable or transferable, in whole or in part. Any attempt to transfer this Agreement without our written consent shall be void and of no force and effect. We may assign this Agreement to an affiliate or to another entity in connection with a corporate transaction or otherwise.
No delay or omission by us in our exercise of any right or power occurring upon any noncompliance or default by you with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any covenant, condition, or agreement to be performed by you shall not be deemed to be a waiver of any prior or subsequent breach of the same, or of any other covenant, condition, or agreement hereunder. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
If any term, provision, covenant or condition of this Agreement is held invalid or unenforceable for any reason, the remainder of the provisions will continue in full force and effect as if this Agreement had been executed with the invalid portion eliminated. The parties further agree to substitute for the invalid provision a valid provision that most closely approximates the intent and economic effect of the invalid provision.
This Agreement is governed by the laws of the State in which the vehicle is registered and shall be interpreted according to the internal laws of the State where the vehicle is registered, without reference to its conflicts of laws or choice of law rules. All disputes hereunder shall be resolved solely either by Arbitration (as agreed upon above) or in a Courts of the State in which the vehicle is registered or a federal courts where the vehicle is registered. The parties hereby consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
YOU TAKE POSSESSION OF THE VEHICLE “AS IS”, AND Company EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS SECTION DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Any notices or communications required or permitted to be given to you shall be in writing and shall be sufficiently given if delivered by email or mailed to you at the email or postage address provided to us in your completed application, as updated by you from time to time and on file with us. Any notices or communications required or permitted to be given to us shall be in writing and shall be sufficiently given if delivered via email to [email protected] or mailed to us at the following address:
AmeriDrive Holdings, Inc.
C/O Legal Department
3350 SW 148th Avenue
Miramar, Florida 33027
Any notice delivered via email shall be deemed to have been received on the first business day after which it was sent, unless the sending party is notified that the email address is invalid. Any notice sent by letter shall be deemed to have been received upon mailing after it was posted in the regular U.S. mail.
Schedule 1 – Rules of Use
In addition to the obligations set forth in the Rental Agreement between you and AmeriDrive Holdings, Inc. and its subsidiaries or affiliates, you are required to abide by the Rules of Use set forth in this Schedule 1. You should carefully read and understand these Rules of Use before applying to use our services and before paying any fees. By subscribing to use our vehicles and services and by your continued use of our vehicles, you are deemed to have consented, accepted and agreed to comply with all of the following rules, policies and guidelines. Capitalized terms used in this Schedule 1 shall have the same meaning assigned to such terms in the AmeriDrive Holdings, Inc. Rental Agreement.
Please refer above to Section 4 “Fees and your Responsibilities” in the Rental Agreement for details regarding, and associated fees for, placing a hold on your account. We may change the Rental fee or impose additional costs or fees from time to time, including when you add additional drivers to your account or as we learn more about how you drive our vehicles. We will notify you of any changes to your fees in accordance with these Rules of Use.
Renters to the service have the right to use of one of our vehicles, subject to availability. Renters will also have the right to swap their current vehicle for a different type of vehicle, (subject to availability). When you have a vehicle in your possession, you are responsible for taking care and maintaining the vehicle in the same manner that a reasonable, prudent and diligent owner might do, less normal wear and tear.
YOU MUST ALWAYS WEAR AND REQUIRE ANY AND ALL PASSENGERS TO WEAR THEIR SEAT BELTS WHILE OCCUPYING THE VEHICLE INCLUDING PASSENGERS SEATED IN THE BACKSEATS
From time to time, we may make certain requests of Renters, including, but not limited to:
We may seek to access the vehicle in your possession to inspect its condition or to perform maintenance; -and-
We may swap the vehicle in your possession for an equivalent vehicle. Typically, we will do this either because your current vehicle needs maintenance or because we wish to replace it for de-fleeting purposes.
Renters are expected to comply with these requests within a reasonable time frame, typically in two (2) days or less, unless a prior arrangement is made in writing.
How do you receive a vehicle?
In general, the place of delivery of the vehicle is where the vehicle is currently located unless you require any special accommodations. The delivery of the vehicle is for the vehicle selected by you. However, once you have selected the pick-up location you must deliver the vehicle to the same location or a relocation charge will apply. The act of delivery of a vehicle to a location other than the original pick-up location is an authorization by you to the company to charge the relocation charge. Such charge will vary according to several factors including location, costs, and availability.
If you are picking up a vehicle at one of our service locations, then you will drop-off your current vehicle, if any, at that time and location. At the time when you return a vehicle to us, the vehicle should be in good working condition and ready for use by another driver. We may assist you in swapping your belongings between vehicles and getting you set up in the new vehicle. In all circumstances, you agree not to hold us or any of our employees liable for the loss of or damage to any personal property, whether it is yours or belongs to another person, incurred in the process of swapping your belongings between vehicles.
You must remove all personal items from the vehicle, including accessories, bags, luggage, equipment, etc. As stated above, you are not guaranteed to have use of a particular vehicle at some later date. Although we will make reasonable efforts to return lost or forgotten property to you, we shall not be held liable for any property left in a vehicle or stolen from a vehicle during your use. You agree not to hold us or any of our employees responsible for any such personal property, whether it is yours or belongs to another person. Any non-perishable items found by us in a vehicle will be held by us for a period of not less than ten (10) days. Property not claimed within this period may be donated to charity or disposed of at our sole discretion.
If you fail to comply with these good driver rules, we may suspend, or may even terminate, your Rental in our sole discretion.
Who can drive our vehicles?
ONLY THE LICENSED PERSON APPROVED IN THE APPLICATION AND RENTAL AGREEMENT WITH SUBSIDIARIES OR THIRD-PARTY AFFILIATES, OR ANY SUCCESSOR PARTY, CAN OPERATE THE MOTOR VEHICLE.
Keeping the vehicle clean
We expect you to use common-sense standards of cleanliness. You are responsible for returning the vehicle to us in good working order and ready for use by another driver without the need to invest undue effort in cleaning and detailing. In the event that the vehicle does become unexpectedly dirty, we ask that you let us know. If vehicle is not delivered in the same condition that it was when pick up, additional fees up to $250 may be charged:
Regular cleaning fee up to $100
If full detail is required fee up to $250
In addition, all drivers of our vehicles and their guests are expected to abide by the following rules that are intended to keep the vehicle in good condition:
No smoking inside or near the vehicle – no exceptions! In case of smoke odor, you will be charged an additional $250 fee to perform the full detail.
Pets may only be transported in a pet carrier. Pets are only permitted if they are transported in locked pet carriers, except in the case of registered service animal when 1) the dog or service animal is required because of a disability and 2) we are informed in writing what work or task the dog or service animal has been trained to perform. Once your service animal has been approved, they will be allowed in our vehicles without being in locked pet carriers in accordance with our policies. You are nevertheless possibly subject to additional fees and charges of $250 if we find evidence of pet’s damage to our vehicles during your use.
Maintenance and repairs
We will perform all necessary and required scheduled maintenance on all of our vehicles. In the unusual case that maintenance needs to be performed during the Rental period, we will notify you when the vehicle requires scheduled maintenance, and you will coordinate a time with us when this scheduled maintenance can be completed. In general, we will give you 2 days’ notice prior to any scheduled maintenance, and you should be available for a vehicle exchange within 7 days of your receipt of this notice. Any repair caused by an action from the Renter is the Renter’s responsibility. Some examples of non-scheduled maintenance that is the Renter’s responsibility are (but not limited to): Accidents, Theft, Punctured Tires, missing spare tires, wheel locks, jacks and tools, Broken Mirrors, Exploded Air bags, Scratches and Dents, cracks or chips in the windshield, Damage, burn, tear or stain of upholstery rugs or interior, Spilled coffee resulting on a stain, any other damage that is not regular wear and tear.
You must notify us immediately upon discovering any abnormality or damage during your operation of our vehicles. For example, you should immediately report any warning lights that stay on after ignition or that indicate that service or maintenance is required, any evidence of leaking fluids near the vehicle, any tire damage or excess wear on the tires, any cracked, broken or missing mirrors, any cracks or chips in the windshield, any other damage to the exterior of the vehicle, any inoperable signals, any unusual noises when the vehicle is operated, and any other condition that may render the vehicle unsafe or illegal to operate.
It is important that you respond appropriately and promptly to all warning lights, chimes, indicators and alerts. Unusual noises or handling, including without limitation strange engine or other mechanical sounds, performance changes, warning or indicator lights or indicators, must be reported to us as soon as noted by phone at 833.305.3500. Failure to report such problems may result in the immediate suspension or termination of your Rental as well as you being responsible for any damages resulting from continued unsafe use of the vehicle despite such irregularities.
In general, our aim is to take care of all scheduled maintenance and service for our vehicles so that you do not ever need to worry about such matters. However, we understand that circumstances may arise where you might want or may need to pay for scheduled maintenance work or have repairs made in order to help keep the vehicle roadworthy in an expeditious manner. In these unusual circumstances, we will reimburse you for reasonable “Covered Expenses” that you incur. “Covered Expenses” are defined as any expense for necessary scheduled maintenance or repairs with a cost not exceeding $200. Covered Expenses and towing must be approved in writing (including via SMS, instant messaging or email) by a company manager prior to being performed. You are not authorized to make any body, damage, or cosmetic repair to the vehicle. You must ALWAYS request a written estimate before making any repair and send a copy of the estimate to Company for approval. You are not authorized to make any repair to the motor vehicle in excess of $200.00, incur storage costs or any other expense and you will be responsible for such excess, storage, or such expense if incurred and company shall be immediately reimbursed for the payment of such unauthorized expenditure. All repair estimate will include Company name, address and e-mail of Company as owner of vehicle and the following information, (a) The name, address, and telephone number of the motor vehicle repair shop, (b) The name, address, and telephone number of the customer, (c) The date and time of the written repair estimate, (d) The year, make, model, odometer reading, and license tag number of the motor vehicle, (e) The proposed work completion date, (f) A general description of the customer’s problem or request for repair work or service relating to the motor vehicle, (g) A statement as to whether the customer is being charged according to a flat rate or an hourly rate, or both.
If a repair will cost more than $200, you must contact our headquarters so that a supervisor can determine the appropriate course of action to take. Our representatives are not authorized to approve repairs in excess of $200 without the approval of a supervisor. If you pay for a Covered Expense, you must keep the actual receipt reflecting the item or service purchased and the date and time of purchase (which must be during your Rental period) and note on it the odometer reading at the time of the purchase. Please print your name on the receipt and send us the receipt within thirty (30) days of purchase and we will credit such amount to the credit/debit card you have on file for the applicable Rental. No credit or refund will be given without a receipt, or if the receipt is submitted more than thirty (30) days more after it is incurred.
Vehicles may require emergency roadside assistance from time to time. We provide access to a third-party emergency roadside assistance and support as part of our service. If, however, your need for emergency roadside assistance results from a breach of the Rental Agreement or a violation of our Rules of Use, you may be charged for the costs of the service
FOR ROADSIDE ASSISTANCE: CONTACT 1 (800) PEPBOYS
You will not permit any repairs to the Vehicle or allow any work lien to be placed upon it without Company’s consent. You will be liable for any repairs performed in violation of this agreement to the extent permissible by law.
What uses are prohibited
The operation or use of any of our vehicles under the following conditions is strictly prohibited:
- Permitting a Driver not approved by ITS subsidiaries or third-party affiliates, or any successor party, or their insurance carrier to operate the vehicle.
- By anyone who has provided false information or who has made or makes false or misleading representations in connection with use of our vehicles or services (including, without limitation, regarding his/her name, age, address, driving record or other matters);
- By any person with a driving credit or insurance history that does not meet our then current eligibility and underwriting requirements;
- In violation of any applicable traffic or other law or regulation (except moving violations) including, without limitation, the following conditions;
- By any person who is under the influence of (i) alcohol or (ii) any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended; or used in any drag race, speed race, rally or other competition;
- In the commission of any crime or for any other illegal or improper activity or purpose;
- Transporting a number of passengers in excess of the seating capacity of the vehicle or baggage or other items that would cause the vehicle to exceed its manufacturer recommended or legal weight limits;
- By any person who does not have a valid driver’s license (or who’s driver’s license has restrictions that are not complied with by such person when driving our vehicle);
- By any person who is driving while distracted including, without limitation, driving while texting, emailing, using a cell phone without a hands-free device or otherwise engaging in similar activities that may be prohibited by applicable law;
- For transporting any drugs, hazardous, toxic, flammable, dangerous or illegal materials;
- For any towing or pushing of any trailer, car, boat or any other vehicle, unless such vehicle is equipped by us to do that activity;
- Transporting or driving our vehicle outside a 150 mile radius from the pickup location.
- Transporting or driving our vehicle and/or driving the vehicle into or in Canada, Mexico or any other country;
- Driving on unpaved, unimproved or impassable roads or on roads that are not regularly maintained by the transportation department or a municipality; or
- In any other imprudent, negligent, abusive or abnormal manner for using a vehicle.
- Utilizing the vehicle as a living quarter, to reside in the vehicle, to live, sleep or use of the vehicle for any other purpose than for transportation of passengers and personal commuting.
- operate the Vehicle or permit it to be operated for the transport of more passengers or goods than the maximum allowable for the Vehicle;
- operate the Vehicle or permit the Vehicle to be operated to push or tow any other vehicle;
The foregoing list are only common examples and are not intended to be a complete list of all prohibited uses. We reserve the right to add other restrictions and prohibitions at any time to protect our assets. Any unreasonable or inappropriate use of our vehicles, as determined by us in our sole discretion, may be deemed a violation of these Rules of Use.
You must always use our vehicles in accordance with all highway and other applicable laws and regulations. We may report any use of our vehicle or other activities that we believe are in violation of law to the authorities at any time. We may immediately suspend or terminate your use of our vehicles and services for a violation of any of our Rules of Use. Upon suspension or termination, you will be responsible for any and all costs, charges, fees and expenses incurred by us as a result of a breach of any of these Rules of Use.
Who pays for gas?
You pay for your own gas. We will provide the vehicle with an acceptable amount of gas, and vehicle must be returned with the same amount it was when it was picked up. If you fail to return the car with the same amount of gas you will be charged $25 for every ¼ of tank difference.
Notifying us of changes to your account
You are required to notify us promptly if any of the following information changes with respect to you or your account:
The address of your primary residence;
Your email address or mobile phone number; or
Your payment method or details.
Notifying us of damage to the vehicle
You are required to immediately notify us when you become aware of any damage to a vehicle in your possession. This includes damage to the exterior (e.g., a dent) and damage to the interior (e.g., spilled coffee resulting in a stain). Providing you are complying with the terms of the Rental Agreement, these Rules of Use and the Schedules, you will not be liable for any costs to repair regular wear and tear damage to our vehicles – we simply want you to keep us informed.
What happens if our vehicle is missing or stolen while in your possession?
YOU SHOULD NEVER REPORT THE VEHICLE AS STOLEN OR MISSING TO ANY LAW ENFORCEMENT AGENCY. ONLY COMPANY (AS THE OWNER OF THE VEHICLE) MAY REPORT THE VEHICLE MISSING OR STOLEN TO THE AUTHORITIES.
Stolen or missing vehicles must be immediately reported to the Company and the Company will report the issue to the proper authorities if applicable.
IF YOUR VEHICLE IS MISSING, please call us as soon as it is reasonably possible by phone at 833.305.3500 and cooperate in all reasonable respects with attempts to recover the vehicle.
We will endeavor provide you with a new vehicle as promptly as possible, subject to availability and to an assessment and internal investigation of each case.
What happens if the vehicle has a breakdown or malfunctions?
If one of our vehicles breaks down or malfunctions, immediately ensure that you are in a safe location away from traffic or other hazards. You should then contact us as soon as you may safely do so by phone at 833.305.3500 so that we can get you moving again. If a problem arises that prevents or limits the use of the vehicle or that may compromise your safety or the safety of others, you must immediately notify us and follow our instructions and use reasonable care to protect your safety and the safety of others.
If you are within reasonable proximity to one of our service centers, we will bring a replacement vehicle for you to drive, subject to availability. If you can safely remain with the vehicle, we will ask you to remain with your original vehicle until we can exchange keys with you and send you on your way. We will take responsibility for the vehicle that has broken down. If you are not within reasonable proximity to one of our service centers, we will work with you to arrange for a roadside assistance provider to come out and provide assistance.
If you wish to perform a jump start to one of our vehicles, you must notify us immediately at AmeriDrive 833.305.3500. You are fully responsible for any damage that may result from the improper use of jumper cables or other tools. It is strictly forbidden to provide a jump start to any other vehicle. When using one of our vehicles, you must follow all the owner manual’s instructions.
What happens if you have an accident?
In case of an accident involving our vehicle, which includes property damage or involves any third party, you must remain at the scene and obtain an official police or accident report at the time of the accident.
If you are involved in an accident, find a safe location and call 911 to report the accident. ALL ACCIDENTS MUST BE REPORTED TO THE PROPER AUTHORITIES AND AN ACCIDENT REPORT SHOULD BE OBTAINED WITH AN INCIDENT OR CASE NUMBER. When speaking with other parties and the police, be factual but do not admit fault. Once all emergencies and safety issues have been handled, immediately call AmeriDrive at 833.305.3500. An AmeriDrive representative will guide you through the accident reporting process. You will need the following information:
- Date, time, and place of accident or incident;
- The name, address, date of birth and driver’s license number of all people involved (including all drivers, passengers, witnesses and other people involved);
- The insurance policy number and name and phone number for the insurance company and agent on all vehicles involved (regardless of any assessment of fault);
- Pictures and/or video of the scene including all cars and property involved in the accident;
- The license plate numbers of any other vehicles involved, their make and year, and their vehicle identification number;
- A summary of the circumstances of the accident or incident; including photographs of the damage sustained and
- A police report is required, regardless of liability or fault, and should be attached.
You agree to cooperate fully and unconditionally with us in the investigation and defense of any claim or lawsuit arising from any accident. We may suspend your Rental and your use of our vehicles and services, in our sole discretion, until any investigation has been concluded. Should a loss occur while the vehicle is in your possession, you unconditionally agree to immediately notify us of such loss and provide a written statement of the events and pictures of the loss, appear and cooperate with company, and company’s insurer or any other third party to investigate and litigate the claim. You unconditionally agree to appear voluntarily at the time and place requested by any insurer, the Company or any third party including the court. Company can enforce such obligation by way of writ of bodily attachment or other comparable legal or equitable relief to compel appearance lawfully
You acknowledge and agree that any accident involving the vehicle may be reported to the applicable insurance company or other rating agency and remain a part of your personal driving history for an indefinite period of time. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY MEDICAL OR OTHER COSTS ASSOCIATED WITH ANY INJURY SUSTAINED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY ACCIDENT WHILE THE VEHICLE IS IN YOUR POSSESSION AND YOU HEREBY WAIVE ANY AND ALL CLAIMS AND AGREE TO INDEMNIFY AND HOLD US HARMLESS AGAINST ANY COSTS OR DAMAGES ARISING OUT OF SUCH CLAIMS.
What happens if you have a traffic violation?
You are expected to operate our vehicles at all times in full compliance with all traffic and safety laws. You are responsible for payment of any traffic or parking violations that occur during your use of our vehicles, including but not limited to all speed limit, stop sign, red light, photo enforcement, parking and toll charges, and other violations. You must not leave a vehicle in a zone which has parking or other restrictions in effect that can subject the vehicle to towing or booting.
You are liable for all fees, charges and penalties from any such violation. Wherever possible, it is your responsibility to pay the relevant governmental authorities directly. We may charge a fee in connection with processing any such violations in accordance with our then current Fees and Rates Schedule.
You must notify us of any traffic violation notices issued to you. All unreported traffic violations will be your responsibility if they occur during the time period during which your Rental to use our vehicle is in effect. If we receive notice of violation of any law, rule or regulation, we may either pay the penalty or fee on your behalf and then add the penalty or fee to your account charges or we may, if permitted by the authority issuing the violation, transfer liability for the penalty or fee to you and you will then be wholly responsible for all correspondence with the appropriate authority and any penalties or fees due. We will endeavor to provide you notice before we pay any penalties or fees attributable to you. Once paid by us, it may not be possible for you to challenge the penalty conviction or fee, the right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to us and will be at our sole discretion. In the case of photo enforced citation notices, we are obligated to pass on the details to the police, who will then contact you directly.
To the Extent Permissible by Applicable Law, we will track your usage of our vehicles to ensure proper use. We want to offer our Renters vehicles that are in great condition. In order to do that, we intend to keep track of how those vehicles have been used and maintained by our Renters. This tracking of usage allows us to be certain that our vehicles have been well maintained and have been used properly. It also helps us to anticipate maintenance needs for our vehicles before urgent action is required and allows us to monitor for drivers who are treating our vehicles in a way that is reckless, negligent or is likely to cause abnormally high wear and tear.
Each of our vehicles is equipped with technology that allows us to track its location and that informs us when certain driving events occur. For example, the technology informs us when a vehicle accelerates unusually fast, brakes unusually hard or takes a corner at an unusually high speed.
BY DRIVING OUR VEHICLES AND USING OUR SERVICES, YOU CONSENT TO TRACKING DESCRIBED IN THESE RULES.
We expect you to drive responsibly and look after the vehicles in your possession as a diligent prudent and reasonable owner might. In the interests of all of our Renters, we reserve the right to suspend or cancel service for Renters who persistently treat our vehicles in a manner that is not consistent with those expectations. If we identify Renters who repeatedly drive our vehicles in unusual ways that we deem potentially reckless or negligent, who experience damage incidents at an unusually high rate, who fail to report any instances of damage that might reasonably be detected, or who act in a manner that is inconsistent with these Rules of Use, we reserve the right to withdraw service immediately or to give the Renter an advisory warning.
To be clear, we are not looking to penalize you for unfortunate mishaps. We understand that everyone gets a dent from time to time, that everyone spills a drink from time to time, and that everyone needs to hit the brakes hard on occasion, but we want to keep our cars safe and our costs reasonable for the benefit of all of our Renters.
The Renter is responsible for the purchase of fuel and payment of road tolls, traffic tickets or parking fines incurred while a vehicle is in Renter’s possession. As a convenience, the cost to refuel a vehicle after a flip (without mark-up) will be charged to your account. Similarly, if your vehicle is equipped with an electronic toll card, any fees incurred during your possession of the vehicle will be charged to your account.
Tolls. You are responsible for paying Company the applicable charge directly for any and all tolls, including, but not limited to, any fines for toll evasion, and other related fines, fees, penalties, and applicable taxes (collectively, “Tolls”) assessed against you, AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party or Company in connection with this rental. You will report any Tolls incurred in connection with this rental to Company, as soon as possible after you become aware of such Toll, but, at minimum, within twenty-four (24) hours of you becoming aware of such charge. You should not rely on use of a toll transponder in the Vehicle (if any) in connection with your payment for Tolls. In order to avoid a Processing Fee (as defined in Section 10.4 below) in connection with a Toll, you must pay the Toll in cash at the applicable tolling station (where permitted) or you must make arrangements to pre-pay any applicable Tolls, such as by contacting the toll operator and pre-paying online, by phone, or by mail (where permitted) or by purchasing and using a Toll transponder. If you are provided a toll transponder from AmeriDrive Holdings, Inc. and/or its subsidiaries or third-party affiliates, or any successor party and use it to pass through any tolling station, you will be responsible for the applicable Processing Fee (as defined below) as well as any fees associated with the use or possession of the toll transponder. Some Tolls cannot be paid in cash, credit card, or debit card at the time you pass through the tolling station. For example, all toll roads, bridges, and tunnels in the North Texas Tollway Authority (NTTA) system are all-electronic and, in order to avoid a Processing Fee, you must purchase and use a Toll Tag in order to drive on/through a NTTA toll road, bridge, or tunnel. Other toll systems in Florida, Georgia, New Jersey, Pennsylvania, Delaware, and other states have similar electronic systems that may require you to purchase a transponder, toll tag, EZ Pass, or similar device to avoid a processing fee. If payment is made by Company, for any reason, you will be charged the payment and a processing fee.
We respect your privacy and are committed to protecting the personal information we hold about you. This policy explains what information we collect about you, how we collect it, the measures we take to keep your information secure and the uses we make of it. We also explain the options you have regarding your personal information. When you request services from us through HyreCar, access their websites, utilize their mobile “apps” or otherwise interact with us through HyreCar or our Website, for example, but without limitation, through our service centers, our in vehicle or in equipment technology, our official corporate pages on third party social networks (such as Facebook) or the “apps” on those pages, you consent to our collection, retention and use of your personal information in the manner described in this policy and accept the risks outlined in the Security Measures section below.
Who We Are: We are AmeriDrive Holdings, Inc.; a corporation headquartered and doing business in Florida. This policy covers our licensees or affiliates or other third parties through whom you may interact with us.
What We Collect: We collect the personal information we need to provide the services you request from us, for our operational and marketing uses listed in this policy and for such other purposes as you authorize. By subscribing for our vehicles and using our services and providing personal information to us, you consent to our use and disclosure of your information for the purposes listed in this policy.
Sources: We mostly collect your information directly from you, through various channels including our website, computer systems and in vehicle and in equipment technology, and from companies involved in our provision of services to you, including our licensees and third-party providers.
Storage: We generally retain personal information about our Renters for as long as we believe appropriate for the purposes for which it was collected.
Security Measures: We aim to maintain appropriate physical, procedural and electronic safeguards to protect your personal information.
Access: You may access and review the personal information we retain about you and correct any factual errors.
Contact Us: We hope this policy answers your questions about our collection and use of your personal information. If you have any questions, please contact us by following the instructions in the Contact Us section below.
Changes: We may change this policy from time to time. The policy was last updated on 06/21/2021.
Scope of Policy
This policy covers the personal information we collect about you in connection with our vehicle Rental business and services that identify you as an individual. We are free to use information that does not identify you as an individual as we wish. This policy does not apply to information collected by third party social networks (such as Facebook), mobile device manufacturers, third party “mobile apps”, wireless service providers, internet service providers or the operators of any networks through which you may interact with us and we expressly disclaim any responsibility for the data collection, privacy or data security practices of those entities. With regard to pages on third party social networks, this policy only applies to personal information we collect through our pages (those with a direct link to this policy) and does not apply to any “unofficial” pages or pages of our affiliates or licensees.
Our websites are not directed to individuals under the age of 21, and we do not knowingly obtain personal information from such individuals.
When you request services from us, operate a vehicle or equipment with in-vehicle or in-equipment technology, access our websites, utilize our mobile apps or otherwise interact with us, for example, but without limitation, through our kiosks, our official corporate pages on third party social networks (such as Facebook) or the apps on those pages, you consent to our collection, retention and use of your personal information in the manner described in this policy and accept the risks outlined in the Security Measures section.
Who We Are
We are AmeriDrive Holdings, Inc. a U.S. company headquartered and doing business in Florida, which, together with our subsidiary companies, provides and supports vehicle Rental services across the United States. All references in this policy to “we”, “us” and “our” are to us and our subsidiaries. We operate a network of licensees in provision of our services worldwide and are affiliated to many other companies through ownership. As our licensees and affiliates are independent companies, they are not owned or controlled by us and are not covered by this policy, although they may have their own privacy policies to govern the personal information they collect. We are not responsible for the privacy practices of our licensees and affiliates.
Personal information means information that identifies you as an individual, or other information that we can combine with readily available information or other identifiers that can identify you as an individual.
Personal Information We Collect and How We Use It
The principal purposes for which we collect and store your personal and financial information are to process your application and Rental agreement, allow you to reserve and use our vehicles and services, authorize payment, bill you, respond to your inquiries, improve our products and services and maintain your account with us. We collect a range of information about you from a variety of sources for the purposes of our business. The examples we provide throughout this policy are illustrative rather than a complete list of our practices.
When you visit our websites or apps, our servers might automatically log certain information about your use of our websites, such as your IP address, your browser type, operating system, browser language and service provider. We also collect information about your activities on our websites and apps, such as the pages you visit or the ads or links you click on. The first time you visit our website, we may assign you a unique identifier, which is stored in one or more cookies on your computer’s hard drive. These cookies help us distinguish new visitors from returning visitors and enable us to measure the effectiveness of content on the website and refine and tailor that content to suit our visitors’ interests. If you have used our services or provided other personal information about yourself (for example, if you send us an email), your cookie ID can be associated with you personally. When you are signed in to our mobile apps, you will be identified to us by your account email and/or phone number.
We collect information that you voluntarily submit to us, such as:
- Name, address and contact details, including telephone and mobile number, and email;
- Date and place of birth, passport number and driver’s license number and a copy of your driver’s license;
- Employer(s) name and address;
- Credit card information;
- Driving record and accident history;
- Location data such as geographic location of electronic devices used to contact us or to access our mobile “apps” or of the vehicle you are using;
- Information regarding the vehicles you rent or and use, and the operation of our vehicles during your Rental period;
- Charges you incur and other information relating to your transactions;
- Information transmitted by your computer’s browser software; and
- Information about your credit history or other publicly available information about you from consumer reporting agencies.
Your telephone calls and email correspondence with us may be recorded or monitored for quality control, training and similar purposes. By using these communication methods, you are consenting to the recording or monitoring of your calls and emails with us and to our use of the information you provide us for the purposes described in this policy.
If you rent with us, we collect personal and financial information if you use our vehicle, Rental agreement and reservation process. In addition to your name and contact information, we will also collect your driver’s license number, the jurisdiction in which you are registered, credit card or other payment information, and other information. We may also collect information such as your driving record from regulatory bodies where you live, and from third parties. This information is used to process your Rental and, if you are approved by HyreCar, for the purposes described below.
If you use our vehicles and services, we collect information about the vehicles’ use and your use of our services. This may include details about your reservations, the dates, times and locations of use, mileage, driving performance, accidents and other data. We use this information to bill you, respond to your inquiries, ascertain whether you are in compliance with our polices and rules, provide and improve our products and services and maintain your account with us, and to provide content and offers that we think may be of interest to you. From time to time, we will send newsletter emails. To unsubscribe from our newsletters please use the opt out in the email footer.
Our vehicles may be equipped with vehicle tracking and other technology. We implement Global Positioning Systems (GPS), a network of satellites that allows us to determine the location of our vehicles. This information is transmitted to us and can be stored for extended periods. We use this information for a variety of important purposes. For example, we use GPS data to help us find our vehicles, to provide roadside assistance, to ensure that a vehicle is available at the place and time you have reserved, to ensure that the vehicle is not driven to unauthorized locations and to locate a lost or stolen vehicle. We also maintain in vehicle and in equipment technologies to track and monitor performance of our vehicles and to assist us with ensuring that our vehicles are used only in accordance with applicable laws and our rules and policies.
Disabling, disconnecting or destroying any such technology device or equipment is strictly prohibited.
We also gather personal information about you from a variety of other sources, including:
- Transactions you complete with us and our vendors and licensees, including options you take, charges you incur and any incidents or accidents that may occur;
- To the extent you have made such information available, from third party social networks;
- Consumer and other reporting agencies; and
- Other companies that have business relationships with us, such as our licensees, affiliates and business partners, including roadside assistance and other service providers and insurance companies.
Where We Hold Personal Information
We utilize servers in various locations in the United States of America. If you are accustomed to other countries privacy laws, please note that the laws governing the processing of personal information in the United States of America may not be as rigorous as they are in the United Kingdom, Canada or other nations. By subscribing for and using our vehicles and services, you consent to the transfer of your personal and financial information to other locations within the United States for the purposes described in this policy. We do not conduct business in countries outside the United States, but to accommodate Renters from other countries, we aim to comply with the privacy laws applicable to the personal information we collect and use.
We try to ensure that the personal information we retain about you is stored securely and, in light of the information provided to us, is as accurate, current and complete as necessary for the purposes for which we use it. We generally retain personal information about our Renters for as long as we believe appropriate for the purposes for which it was collected or as otherwise required by applicable law.
Where We Can Send Your Personal Information
Except as described in this policy, we will not share your personal information with third parties outside our company group and our agents and collaborators unless it is necessary to provide our services, verify information to fulfill a transaction you have requested, or in other circumstances with your consent. We do however disclose your personal information within our related company group and to contractors, advisors, consultants and service providers acting on our behalf or under our instructions, including for purposes relating to the operation, maintenance, administration, improvement, and oversight of our services, websites and advertising services, or to fulfill your requests for information or service.
If you rent our vehicles and services through HyreCar, some of the information you supply must necessarily be shared with regulatory bodies where you live and/or service providers we utilize to obtain your driving record from such regulatory bodies. In addition, if you are associated or affiliated with another, primary account (for example, if you are an associate member or affiliated with a business’s or university’s account), the primary account holder or administrator of that account may have access to limited information regarding your use of our services.
We may disclose your personal information in connection with a corporate transaction, proceeding, or reorganization involving the business activities for which the information is maintained. In the event that ownership of our business was to change as a result of a merger, acquisition, sale of assets or transfer to another company, your personal information may be transferred.
We may disclose your personal information, including location/GPS data and data gathered from in vehicle and in equipment technologies, in response to legal process (for example, a court order, search warrant or subpoena) or requests from law enforcement authorities; in other circumstances in which we believe our services, our vehicles or our website are being or has been used in violation of applicable law or otherwise in the commission of a crime; when we have a good faith belief that there is an emergency that poses a threat to the safety of you or another person; or when necessary to protect our rights or property (or those of third parties).
To Provide You Services
We will share your personal information among our employees and affiliated companies and employees, our representatives and agents, our licensees and vendors, and other companies that we engage in business with, to provide services to you, including to:
- Fulfill your vehicle Rental and make your reservations for alternate vehicles;
- Process and/or confirm your transactions;
- Provide you with enhanced services, such as services provided in connection with our rental programs and similar services whether directly or indirectly;
- Provide you services in connection with your use of our vehicles; such as navigation assistance or roadside emergency assistance;
- Provide you with customer assistance;
- Bill and collect amounts owed in connection with your Rental and use of our vehicles and services; and
- For customer satisfaction and market research purposes to help us improve our services.
To Communicate with You
We may use your personal information to communicate with you, including with regards to:
- Your Rental or any other transaction with us;
- Your status in our rental program(s); or
- Changes to the terms or features of your Rental or any policy or rule related thereto.
By renting for or using our vehicles and services, or by contacting us in any way, you give us your consent to call you on or send text messages to your mobile telephone/device. You also consent to our use of auto-dialers and pre-recorded messages in connection with any such telephone call or text message, including calls or texts to mobile telephone numbers. Standard data and message rates may apply.
Disclosure To Companies You Use
We will also share your information with companies you use in connection with your Rental, including:
- Your credit card provider and other companies that process your charges;
- Any company or organization that is paying all or part of your charges; and
- Any service provider you use, such as a repair provider, insurance company or other vendor or provider relation to any aspect of your Rental or use of our vehicles.
Protective and Legal Uses
We may use, share and disclose your personal information for legal reasons as we believe necessary or appropriate, including:
- Under applicable law, including laws outside your state or country of residence;
- To process, handle or otherwise respond to claims for damages, including claims or demands for bodily injury or property damage;
- To enforce our policies and rules and the terms and conditions of your Rental;
- To recover our vehicles, equipment or any monies due, such as through debt collection agencies;
- To comply with legal process and to respond to requests from public and government authorities;
- To protect our operations, rights, privacy, safety or property, and/or that of our subsidiaries, you or others; and
- To allow us to pursue available remedies or limit the damages that we may sustain.
We may use personal information to present offers to you on our behalf and on behalf of business partners. If you do not want us to send you promotional emails, please adjust your settings or utilize our “unsubscribe” feature in the footer of emails.
Cookies are text files that are placed in your computer’s browser, and that can be used to help recognize you on our websites. Web beacons are small pieces of code placed on web pages that can be used, among other things, to count the users who visit that web page, or to deliver a cookie to the browser of a user viewing that page. Many websites, including our website, also may use Flash cookies that are similar to regular browser cookies. You can control browser cookies through your browser’s settings. You may delete cookies or set your browser to alert you when cookies are being sent. If you reject all browser or flash cookies, however, some areas of our sites may not function.
Review and Correct Your Personal Information
We are committed to providing you with reasonable and practical access to your information to allow you the opportunity to identify inaccuracies. If you are a Renter, you can review and correct personal information by navigating to the relevant section of our app or by contacting us. If you would like to access, delete and/or correct other personal information, please contact us in one of the ways provided below and we will respond in accordance with applicable law. If we are informed of the inaccuracy, we will make the appropriate corrections.
We will retain your information for as long as your account is active or as needed to provide you services. Please contact us if you wish to cancel your account or request that we no longer use your information to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
As you may be aware, there is no completely secure method of transmitting or storing information and data. Although their physical characteristics are different, postal mail, telephone calls, text messages, faxes and transmissions over the Internet or wireless networks all present possibilities of loss, misrouting, interception and misuse of the information and data that is transmitted.
We take reasonable measures to protect against the loss, misuse and unauthorized access or disclosure, alteration and destruction of your personal information by aiming to maintain appropriate physical, procedural and electronic safeguards to protect your personal information.
We have established safeguards to help prevent unauthorized access to or misuse of your personal information, but cannot guarantee that your personally identifiable information will never be disclosed in a manner inconsistent with this policy (for example, as a result of unauthorized acts by third parties that violate applicable law or our policies and those of our affiliated providers). We may use a password to help verify your identity before granting access or making corrections to any of your personal information. It is your responsibility to safeguard your password, which you should never disclose to a third party. If you contact us by phone, we will ask you to verify certain information related to your account before providing any access to personal information.
Changes to Our Policy
We may change this policy from time to time, so it is to review it frequently. Changes to this policy will be announced on our website or through similar means and all amended terms shall automatically be effective when posted (or as indicated in our posts).
AmeriDrive Holdings, Inc.
If you have questions about our handling of personal information, you may write to us at [email protected] or at the address below.
AmeriDrive Holdings, Inc.
3350 SW 148th Avenue
Miramar, Florida 33027.
For Roadside Assistance call:
1800 737- 2697 or 1800-PEPBOYS
These were last updated on October 1, 2021.