RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)

Valid February 21, 2021 – January 1, 2022

 

This document contains the rental Terms & Conditions for The Wheelhouse Rentals, LLC.  PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. PLEASE NOTE THAT YOUR USE OF ANY RENTAL VEHICLE FROM US IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT RENT OUR VEHICLES.

 

  1. Definitions.

    1. “Agreement” means all terms and conditions found in these Terms & Conditions, the Rental Agreement, any addenda, and any additional materials that we provide and that you sign at the time of rental.

    2. “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.

    3. “We”, “our” or “us” means The Wheelhouse Rentals, LLC.

    4. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement provided that each such person has a valid driver's license and is at least 25 years of age. Only Authorized Drivers are permitted to drive the Vehicle.

    5. “Vehicle” means the motorized vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, appliances, keys and vehicle documents. The Vehicle may be equipped with global positioning satellite (“GPS”) technology or another telematics system and/or an event data recorder, and privacy is not guaranteed.

    6. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees.

    7. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by us or on our behalf.

    8. “Charges” means the fees and charges that are incurred under this Agreement.

    9. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.

    10. “Vehicle License Fee,” “Vehicle Licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration costs or as otherwise defined under applicable law.

 

  1. Rental. This is a contract for the rental of the Vehicle identified in the Rental Contract, which rental is solely a transfer of possession and not of ownership. The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. We may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement.

 

  1. Release, Indemnification, and Waivers.  Motor vehicles may experience any number of malfunctions and/or defects.  You accept all risks, known and unknown, and waive any and all claims arising from the condition of the Vehicle, use of the Vehicle, or the condition of any locations where you drive the Vehicle.  You agree to indemnify us, defend us and hold us harmless from all claims, liabilities, costs and attorney fees we incur resulting from, or arising out of, this rental or your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.  THE RENTER AGREES, ON BEHALF OF HIMSELF/HERSELF AND ANY PASSENGERS OR USERS OF THE RENTAL, THAT THEIR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE OR LOSS RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY RENTER TO OWNER UNDER THIS AGREEMENT.  Where you have released and/or indemnified us, you have also released and/or indemnified our officers, directors, employees, agents, affiliates, and the vehicle's owner of record. 

 

  1. Who May Drive The Car. You represent that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver's license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver's license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law. Except where otherwise specifically authorized by applicable law, only you may drive the car ("Authorized Driver"). Any Authorized Driver must be at least 25 years old and must also be a capable and validly licensed driver at all times during which such person is operating the car.  Any person other than you or an Authorized Driver that operates the car must sign an agreement at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract. You acknowledge that you will remain financially responsible under the Rental Agreement at all times even if the car is operated by an Authorized Driver or someone other than yourself.

 

  1. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the due‐in date. If the Vehicle is returned after closing hours, you remain responsible for the loss of and any damage to the Vehicle until we inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval. You must check and maintain all fluid levels, and you must return the Vehicle with at least the same amount of fuel as when rented, unless you have already prepaid for fuel.

 

  1. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the actual cash value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable you are responsible for: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0‐$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

 

  1. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of a prescription or non‐prescription drug or alcohol; (c) by anyone who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation); (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal materiel; (i) outside the United States or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on unpaved surfaces, except at licensed public campgrounds; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; (r) to transport an animal (other than a service animal); (s) in or through a structure of an underpass, gas station, drive‐through, or other object where there is insufficient clearance (width or height); (t) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (u) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials or instructions that we provide to you at the time of rental. Sitting, standing, or lying on the roof of the Vehicle and smoking in the Vehicle also are prohibited. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).

 

  1. Optional Equipment. We offer certain Optional Equipment, including surfboard racks, beach gear, child safety seats, etc. upon request and subject to availability for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. If you rent a child safety seat, you must inspect and install the child seat into the Vehicle yourself.

 

  1. Insurance. Our vehicles are insured by Liberty Mutual Insurance. However, you are still required to provide us with a copy of photo of your personal auto insurance card prior to operating our vehicles. Liberty mutual coverage details are below:

 

Liability Coverage: $750,000 in liability insurance

Roadside Assistance:

 

 

You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.

 

It is unlawful to knowingly provide false, incomplete, or misleading facts or information to an insurance company for the purpose of defrauding or attempting to defraud the company. Penalties may include imprisonment, fines, denial of insurance, and civil damages. Any insurance company or agent of an insurance company who knowingly provides false, incomplete, or misleading facts or information to a policyholder or claimant for the purpose of defrauding or attempting to defraud the policyholder or claimant with regard to a settlement or award payable from insurance proceeds shall be reported to the California Division of Insurance within the Department of Regulatory Agencies.

 

 

  1. Charges and Costs. You permit us to reserve a deposit against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer, and refund of your Deposit may require up to 21 days to process and return. Early return prior to the designated date shall not entitle you to any credit or refund for days not used. You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) base rental rate for the Rental Period; (b) excess mileage fee if applicable; (c) charges for additional drivers; (d) optional products and services you purchased; (e) fuel, if you return the Vehicle with less fuel than when rented; (f) applicable taxes and surcharges; (g) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a reasonable fee not to exceed $500 to clean the Vehicle if returned substantially less clean than when rented; (j) a fee of up to $500 if you lose the keys to the Vehicle; (k) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you do not return it on the date and time due, and you may be charged the standard rates for each day (or partial day) after the due‐in date, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period; and (l) replacement cost of lost or damaged parts and supplies used in Optional Equipment. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.

 

THE FOLLOWING MAY BE CHARGED TO YOUR CREDIT CARD UPON RETURN

 

  • Cost of repairs or damages deemed to be your responsibility

  • Mileage in excess of estimated. (see mileage calculation above)

  • Refill gasoline upon return: subject to market rate & service fee

  • Excessive dirtiness- Interior or Exterior: billed hourly

 

Pursuant to the requirements of C.R.S. 43-3-302 and C.R.S. 42-4-1209, You (the Customer) are liable for payment of any toll evasion violation civil penalties and any parking violation fines incurred during the term of the Rental Period. If such a penalty is incurred, Your name, address, and state driver's license number will be furnished to the toll road or toll highway company (for toll violations) or to the prosecutorial division of the appropriate jurisdiction (for parking violation fines).

 

Failure to return the Vehicle within 72 hours of the due-in date is a felony according to California Revised Statutes §18-4-402. Rates are based on a calculated estimated mileage. Actual mileage may differ from estimated mileage. Mileage is determined by the manufacturer's installed odometer.

 

  1. Responsibility for Tolls, Traffic Violations, and Other Charges. You are responsible for paying the charging authorities directly all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your rental and payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees and administrative fees to the payment card you used in connection with this rental.

 

  1. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

 

  1. Our Responsibility to You if the Vehicle becomes Inoperable. If the Vehicle becomes inoperable for more than 24 hours, our liability to you is limited to the daily rental rate times the number of days the Vehicle is inoperable.

 

  1. Personal Information. You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.

 

  1. Rules of the Road.

 

WHERE CAN I DRIVE THE VEHICLE? CAN I GO OFF-ROADING?

Driving on unpaved roads (excluding state- and county- maintained roads), dirt roads, restricted areas, and ‘off road’ areas is not allowed. Taking any rental on non-maintained dirt roads, restricted areas, or off-road areas will violate the insurance and vehicle warranties.

 

If you travel in a restricted area or get stuck, you are responsible for any expenses related to the damage (vehicle, tires, and windshield, etc,), as well as towing charges and any additional expenses related to getting the vehicle back on paved roads.

 

We enforce a strict NO OFF-ROADING policy. This includes rock crawling, dune driving, and moderate to difficult 4x4 trails.

You are welcome to drive any of our vehicles in California only. Note, driving in Mexico is off-limits.

 

WHAT DO I NEED TO DO BEFORE RETURNING MY RENTAL?

Your drop off time must be arranged in advance. Our operations depend on strict scheduling. Unless otherwise agreed upon, we expect you to return your rental at the time listed on your reservation. If you fail to inform us of a late return, we will assess a $25 late fee for every hour beyond your arranged drop off time.

 

Please ensure the following requirements are met before returning your rental:

Full tank of gas (unless prepaid in advance)

Reasonably clean or “near clean” condition (no excessive mud, dirt, debris) *

Remove all personal items & trash

Report all damage to our team

*If the vehicle is covered in thick mud or dirt, please rinse it off at a manual car wash. Do not drive through automatic car wash.

 

A fee will be charged if your rental is returned without meeting the above conditions. Fees may vary depending on the amount of time / labor required to restore the vehicle back to our standards.

 

CAN I SMOKE IN THE VEHICLE?

Smoking is NOT allowed in any of our vehicles or tents. No exceptions!

A $1,000.00 fee will be charged if we find any evidence of smoking or vaping inside the vehicle.

Please keep all smoking (cigarettes, vaping, and other recreational substances) outdoors and within the restrictions of the law.

We enforce a strict NO SMOKING and VAPING policy.

ARE PETS ALLOWED?

Pets are not allowed, unless approved in writing or email in advance. We do not allow pets in any of our rentals to accommodate allergy-sensitive renters.

There is a $500.00 fumigation fee for rentals having any evidence of “unapproved” pets. This charge is at the sole discretion of Bolder Adventure Rentals. Our main concern is for the health of subsequent renters.

 

 

  1. Mileage. The rental includes 150 miles per 24 hour period. Excess mileage is charged at the following rates: $1.00/mile (plus tax).

 

  1. Cancellation Policy.  We allow the cancellation of a reservation pursuant to the following terms:

 

  • The reservation deposit (25% of full trip cost) is non-refundable

  • If you have paid in full and the booking is canceled more than seven days prior to booking start date, a partial refund of 75 percent of the full rental amount (minus fees) is issued.

  • If you cancel your reservation less than seven days prior to booking start date, a partial refund of 50% of the total rental amount (minus fees) is issued.

 

  1. Miscellaneous. No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement will be governed by the substantive law of the jurisdiction where the rental commences, without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.