FLEXDRIVE VEHICLE RENTAL TERMS AND CONDITIONS
Updated as of March 15, 2023
These Flexdrive Vehicle Rental Terms and Conditions and other vehicle rental transaction documents and a return record with computed fees and charges shall collectively constitute the rental agreement (the “Rental Agreement” or “Agreement”) between You (the “Renter”, “you”, “your”), a member of the Flexdrive rental program (“Program”) and Flexdrive Services, LLC (“we”, “us”, “Flexdrive”) for each vehicle you rent under the Program. This Agreement is effective as of the date of your acceptance (e.g., by E-Signature), regardless of whether you use the Services (the “Effective Date”).
PLEASE BE ADVISED: THIS RENTAL AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND FLEXDRIVE HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 21 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST FLEXDRIVE TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
As used in this Agreement, “Lyft” means Lyft, Inc., a transportation network company for which Renter has been approved to use the Lyft network on an independent contractor basis (the “Lyft Platform”), and “Express Drive Program” means the program through which Flexdrive shall provide vehicles for rent to individuals who may drive on the Lyft Platform.
Pursuant to this Agreement, you and Flexdrive agree as follows:
- REPRESENTATIONS ABOUT YOURSELF
A. All information provided by you to Flexdrive and Lyft is true and complete, and you consent to Lyft sharing that information with us to the extent necessary for us to verify your eligibility to become a member of the Program and rent vehicles from us and otherwise to perform the fleet management, rental and ancillary activities described herein. To the extent this information changes during the term of this Agreement, as defined in Section 4 below (including without limitation, if you receive, are convicted of or admit to any traffic or moving violations), you will promptly notify Flexdrive and/or Lyft of the change. You have no authority to bind Flexdrive, and you do not hold yourself out as an employee, agent or authorized representative of Flexdrive or Lyft.
B. As part of the application process to become a member of the Program, Flexdrive, Lyft and/or their licensed insurance carriers may order one or more consumer reports on you. A consumer report may contain information on driving records and criminal activity, among other things. In the event that your membership in the Program is denied to you based wholly or partly on information in a consumer report, you will be notified of this fact and given the name and address of the consumer reporting agency making the report. Once your membership has been approved, you can reserve a Rental Car through the Express Drive program. Flexdrive maintains the right to suspend and/or revoke your membership in the Program at any time. You may terminate your membership at any time.
- FLEXDRIVE SERVICES
Under the Program, Flexdrive manages a fleet of vehicles and offers such vehicles for rent (each, a “Rental Car”) to Renters and enables Renters who are approved to drive on the Lyft Platform, in connection with the rental and use of such Rental Cars, to use the corresponding websites, mobile applications, online tools and features supplied by Lyft and/or Flexdrive for the rental usage and management by the Renters (provision of Rental Cars and such additional services are collectively, the “Services”). Renter acknowledges and agrees that (i) Flexdrive may not own all such Rental Cars, which may be provided by third parties subject to lease agreements (or, in certain states, loan agreements) with Flexdrive; (ii) Flexdrive provides its Renters the ability to rent Rental Cars for specified short term periods of up to the legal limit for rentals in the area where you rent; and (iii) while Flexdrive offers a method to connect drivers with suitable vehicles for their needs, it does not provide transportation services or act in any manner as a transportation carrier.
Any use of or access to the Services is subject to certain eligibility requirements, and the Services are not available to or authorized for use by any users previously removed as a Renter by Flexdrive or by any users or persons acting on behalf of an organization or entity and not in his or her personal or individual capacity, except as required by applicable law.
TO BE ELIGIBLE FOR AND TO MAINTAIN PARTICIPATION IN THE EXPRESS DRIVE PROGRAM, YOU MUST PASS AND MAINTAIN THE ELIGIBILITY REQUIREMENTS TO BE A LYFT DRIVER.
- USE OF OUR SERVICES
Your membership in the Program and use of a Rental Car as a Renter must at all times comply with all the terms of this Agreement, as updated from time to time, and all applicable local, state, national, and international laws, rules and regulations. Flexdrive reserves the right to modify the terms and conditions of this Agreement at any time, effective upon making the Agreement available to you, which may include posting an updated version of the Agreement on our website: www.flexdrive.com. You are responsible for regularly reviewing this Agreement. Continued use of our Services after any such changes shall constitute your consent to such changes.
A. NATURE OF RENTAL; RENTAL PERIOD
(1) This is a contract for the rental of a Rental Car. The rental is made in connection with Renter’s membership in the Program. Renter does not have the right to sublease the Rental Car or assign any of his/her rights under this Agreement. The initial rental period for the Rental Car is 7 calendar days (i.e., one calendar week) (the “Initial Rental Period”). Unless you return the Rental Car on or before the date and time specified for return on the Rental Record (“Return Date”), the rental will automatically and continuously renew for additional 7-day periods, subject to applicable state law (together with the Initial Rental Period, the “Rental Period”); provided that you are in good standing and in compliance with your obligations under the Agreement, including the obligation to remain eligible for participation in the Program.
Renter acknowledges that taxes, fees, and other charges estimated during the Initial Rental Period may be subject to change during the remainder of the Rental Period or during subsequent Rental Periods. Renter must: (a) return the Rental Car for any reason upon Flexdrive’s request, and (b) exchange the Rental Car for any reason upon Flexdrive’s request. If a rental is not renewed, at the discretion of Flexdrive, regular late fees will apply, if a Rental Car is not returned at the end of the Rental Period. To the extent permitted by law, Flexdrive may repossess the Rental Car at your expense without notice to you, if the Rental Car is abandoned or used in violation of law or this Agreement.
Renter acknowledges that Flexdrive, in its sole discretion, may refuse to rent to you, terminate your membership, or terminate the Rental Agreement, for any reason including but not limited to the following: (i) your driver’s license has been or is currently suspended, revoked or otherwise similarly restricted in any way; (ii) you failed to provide Flexdrive all required documentation necessary for the rental; (iii) you are past due on payments owed to Flexdrive, our parent, and/or affiliated companies; or (iii) any of the following has occurred in the course of your current or prior rentals: your vehicle has been repossessed, you have returned a damaged vehicle, you have incurred an excessive cleaning fee, you have previously engaged in a Prohibited Use of a vehicle, or you have had excessive no shows or last minute cancellations.
(2) Reservation of a Rental Car through the Express Drive Program reservation system does not guarantee a reservation of the selected vehicle or the selected class of vehicle.
(3) Security deposits may be required to rent Rental Cars in some markets and are assessed by Flexdrive and/or Lyft at the time of or before the Renter’s Initial Rental Period. Security deposits are refundable after the return of a Rental Car, via the Lyft payment process in the next pay period following the return of a Rental Car, subject to vehicle condition and to payment by Renter of any other outstanding amounts due and payable under the Program or Express Drive Program (e.g., rental fees, tolls, violations, damage fees, etc.). At the time of return of a Rental Car, the Renter will either have the remaining balance of the security deposit held and applied to the next Flexdrive rental or refunded via the Lyft payment process.
B. GENERAL OVERVIEW OF THE RULES
(1) Flexdrive connects drivers with Rental Cars available for rent. As such, we have a number of rules designed to ensure that our Rental Cars remain in good condition for the next driver. Accordingly, Renters should follow the guidelines below, as well as all other terms of this Agreement.
- Report all damage: Before you drive away with your Rental Car, inspect your Rental Car inside and out. To report damage, a dirty Rental Car, or low fuel, inform Lyft or Flexdrive before you take possession of the Rental Car by notifying a Lyft or Flexdrive representative on the rental lot or use other methods as instructed by Lyft and/or Flexdrive. If the Rental Car sustains any damage during the Rental Period, inform Lyft or Flexdrive as soon thereafter as reasonably practicable.
- Keep all Rental Cars clean: Take personal belongings with you when you return your Rental Car and throw away or recycle any trash.
- No smoking or using e-cigarettes: Smoking or using e-cigarettes is never permitted in a Rental Car, even with all the windows down or all the doors open. Smoking in a Rental Car is a violation of this Agreement.
- Rental Car must be returned with the same level of fuel that it was originally rented with, otherwise the Renter will be charged a refueling fee based on the prevailing per gallon pump price of fuel in your area.
- Vehicles that are returned excessively dirty due to the presence of pets that are not service animals may be assessed an additional cleaning fee.
- Cooperate with Lyft and Flexdrive, including returning your Rental Car upon request to ensure all vehicle requirements, including but not limited to, the Rental Car’s registration, emission testing, etc. are up to date and/or not expired.
- Drive as if it is your own car: While Flexdrive and/or Lyft maintain insurance on all Rental Cars available through the Services, to the extent permitted by law and subject to the other provisions of this Agreement, you will be responsible for all theft, uncovered damages, costs, and deductibles resulting from your use of the Rental Car and for all damages that result from a breach of this Agreement.
(2) To the extent permitted by law, failure to comply with the provisions of this Agreement may cause a Renter to incur additional charges, fines and penalties, subject to the process set forth in Section 12 “Fees.” In addition to damage, refueling, and other miscellaneous fees, the following fees will apply*:
AMP Replacement: $50.00
EV Charge Card Replacement (Electric Vehicle Rentals Only) : $50.00
EV Charge Cord Replacement (Electric Vehicle Rentals Only) : $500.00
Excessive Pet Cleaning : $150.00
Key Fob Replacement : $300.00
Lost or Damaged Transponder : $50.00
Phone Mount : $10.00 (Atlanta, GA only)
Recovery Fee : $500.00
Remote Unlock : $100.00
Smoke Removal : $300.00
Spare Tire Replacement : $110.00
Vehicle Cleaning : $75.00
Vehicle Detail : $150.00
*Fee amounts and types are subject to change with or without notice to you.
(3) In the event Renter fails to satisfy and maintain satisfaction of the requirements under the Program during the Rental Period, and therefore does not qualify as eligible to participate in the Program with Flexdrive, Renter shall be charged the agreed upon rate for the Rental Car for the entire duration of the rental and will be required to return the Rental Car. In addition to the requirements stated throughout this Agreement, the following requirements apply, without limitation:
a. Completing a minimum number of paid rides on the Lyft Platform for each calendar week during the Rental Period. The number of rides required for this weekly minimum may vary by region and will be communicated to you by either Lyft or Flexdrive.
b. Maintaining all necessary licenses, permits, authorizations or permissions to use the Rental Car to provide “for hire” transportation of passengers in the jurisdiction where Renter provides such services;
c. Complying with Lyft’s terms of service (found at www.lyft.com/terms) and maintaining good standing on the Lyft platform at all times during the Rental Period; and
d. Complying with the terms of this Agreement.
(1) Any unreasonable, inappropriate or unlawful use of a Rental Car, as determined by Flexdrive in its sole discretion, may be deemed a breach of this Agreement. Without limiting the foregoing, Renters must always use Rental Cars in accordance with all traffic, motor vehicle, highway and other applicable laws and regulations. If you violate any laws, Flexdrive will report to the authorities information about you or the Rental Car as and to the extent required by applicable law.
A VIOLATION OF THIS SECTION WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND, TO THE EXTENT PERMITTED BY LAW, IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY COLLISION DAMAGE WAIVER OR PARTIAL COLLISION DAMAGE WAIVER THAT YOU HAVE ACCEPTED. IT ALSO MAY MAKE YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
See Section 25 (LOCATION SPECIFIC DISCLOSURES) for any special terms that might apply in your state. Without limiting the foregoing, the use of a Rental Car under the following conditions is prohibited:
o Any speed race or competition;
o By anyone who is not an authorized driver, as per Section 4 (PERSONS PERMITTED TO USE RENTAL CARS) of this Rental Agreement;
o By anyone who has provided false or fraudulent information to Flexdrive or Lyft, and Flexdrive would not have rented the vehicle or approved the individual as an authorized driver if Flexdrive had received true or accurate information;
o For the purpose of towing, pushing, or propelling any trailer or any other vehicle;
o Driving on unpaved roads;
o For moving furniture, household goods, or other general moving activities;
o Any transportation services on the Lyft platform originating from locations outside of the “authorized territory” for Lyft operations as designated through the Lyft application;
o By any person who is under the influence of (i) alcohol; or, (ii) any drug or medication under the effects of which the Renter’s operation of a vehicle is impaired or the use of a vehicle is prohibited or not recommended;
o In the carrying out of any crime or for any other illegal activity or purpose;
o In an imprudent, negligent, reckless, or abusive manner or any other abnormal use of a vehicle, such as:
- Driving with any Rental Car occupant not using their seat belt;
- Transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by Flexdrive or yourself; or
- Driving when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle.
o Driving or transporting a Rental Car from the US into Canada;
o Driving or transporting a Rental Car from the US into Mexico;
o Carrying a number of passengers that exceeds the designated seating capacity of the vehicle or the number of available seatbelts;
o Carrying baggage, cargo or other items that would cause the Rental Car to be overloaded or otherwise exceed its recommended weight capacity;
o Carrying or transporting any hazardous, toxic, flammable, dangerous or illegal materials or substances; or
o Any other activity prohibited by law or public policy.
(2) Further, Renter agrees that Renter will not (and will not permit passengers or others to): (a) smoke cigarettes, cigars, pipes, other tobacco products, or e-cigarettes in the Rental Car; (b) remove, tamper with or disable any hardware, software or electronics that are installed in the Rental Car; (c) perform repairs or maintenance services on the Rental Car or make any modifications to the Rental Car; (d) make any cosmetic changes to the Rental Car including, without limitation, painting, striping or window tinting; (e) replace the Rental Car’s wheels or other parts; or (f) damage or deface the Rental Car.
D. IF YOU HAVE A BREAKDOWN OR AN INCIDENT
(1) Flexdrive provides Renter with all necessary and required routine maintenance on all Rental Cars. However, Renters are responsible for helping maintain the driving safety and performance of the Rental Car. Renters must be responsive to all warning lights, chimes and other indicators and alerts.
(2) Rental Cars may require Roadside Assistance from time to time. Flexdrive provides Roadside Assistance support as part of the Service. If, however, a Renter’s need for Roadside Assistance results from a breach of this Agreement, the Renter may be charged for the services provided.
(3) Atypical noises or driving feel, including but not limited to warning lamps, indicators, strange engine or other mechanical sounds, or performance changes, must be reported to Flexdrive or Lyft as soon as noted. Failure to report such irregularities during a Rental Period may result in the Renter’s immediate suspension or termination of membership in the Program, as well as the Renter being responsible for any damages resulting from the continued use of the Rental Car despite such irregularities to the extent permitted by law. Such damages are not covered by the insurance maintained by Flexdrive, Lyft, or otherwise through the Program.
(4) You should report all breakdowns to the Program’s Roadside Assistance line at (833) 274-5938 as soon as reasonably practicable. Accidents or similar incidents involving Rental Cars should be reported to Lyft immediately by calling Lyft’s Critical Response Line through the Lyft Driver app as well as calling 911.
(5) If a problem arises that prevents or limits the use of the Rental Car or that may compromise safety, you must notify Lyft and Flexdrive immediately and follow any communicated instructions from Lyft and/or Flexdrive.
(6) In case of an incident involving property damage or any third party, the Renter must take the following action:
o Contact law enforcement to file a police report as soon after the incident occurs as is reasonably practicable, and, if possible, provide law enforcement a jointly agreed-upon statement between you and the third party.
o Call Lyft’s Critical Response Line as soon after the incident occurs as is reasonably practicable to report the incident details, including:
a. Date, time, and place of incident;
b. The license plate numbers of any other vehicles involved, their make and year, their identification number (serial number), and the insurance certificate’s number (with name, address and phone number of the insurance agent; if possible obtain a digital photo of the other driver’s insurance card);
c. The names, addresses, and driver’s license numbers of the persons involved in the incident;
d The name, address, and driver’s license number of the owner of the car (if he or she is not the driver);
e. The name, addresses, and phone number of witnesses, passengers, and any other involved persons;
f. Circumstances of the incident; and
g. If one was completed, any police report will be required regardless of liability or fault.
(7) The Renter must provide to Lyft, Flexdrive, and any other claims adjustment service the findings of any report or any notice or other written communications relating to a claim or a lawsuit against Lyft, Flexdrive or any other claims adjustment service regarding any incident involving a Rental Car. Renter agrees to cooperate fully with Lyft, Flexdrive, and any other claims adjustment service in the investigation and defense of any such claim or lawsuit. A Renter’s membership and Lyft platform access may be suspended until the investigation has been concluded.
(8) The Renter will be responsible for the charges related to the theft, repair, recovery and loss of use of any Rental Car and all third party injuries and property damages resulting from any of the foregoing to the extent they are not covered by insurance or a separately purchased Collision Damage Waiver or Partial Collision Damage Waiver and as permitted by applicable law. To the extent permitted by law, the Renter will be responsible for all applicable damages not covered by insurance or a separately purchased Collision Damage Waiver or Partial Collision Damage Waiver and charges arising from the Renter’s failure to comply with the terms of this Agreement. Information regarding Collision Damage Waivers is set forth in Section 6, information regarding Partial Collision Damage Waivers is set forth in Section 7, and insurance coverage included with the Renter’s Rental Program rental is set forth in Section 8, below.
E. TRAFFIC/TOLL/PARKING VIOLATIONS
(1) You are responsible for any traffic violations incurred during the Rental Period or as a result of your use of a Rental Car. These include, but are not limited to, parking, speeding, red light, photo enforcement, expired registration (due to your own failure to return the Rental Car to Flexdrive upon request), and toll violations. You are liable for all penalties/fees from any such violation, including fines for late payment and any processing penalties/fees added by the issuing municipality. You are liable for payment of all tolls and any fines for toll evasion. Wherever possible it is the Renter’s responsibility to pay the relevant authorities directly. Flexdrive and/or Lyft may impose a fee in connection with processing any such violations. You must report such violations to Lyft as soon as possible within the prescribed deadline for the violation (for example, if the case is being taken to court). While there may be a lag between when the infraction occurs and when you are billed for it, you are still liable for the cost regardless of the delay.
(2) Where a violation is incurred by a Renter and notice of the violation is sent directly to Flexdrive, Flexdrive will either pay the penalty/fee on behalf of the Renter and then add the penalty/fee to the Renter’s account (subject to Section 12 “Fees”) or Flexdrive may, if permitted by the authority issuing the violation, transfer liability for the penalty/fee to the Renter and the Renter will then be wholly responsible for all correspondence with the appropriate authority and any penalties/fees due. Flexdrive will always inform a Renter which one of these two courses of action it has taken and will endeavor to provide notice to Renters before it pays any penalties/fees attributable to them. Once paid by Flexdrive, it may not be possible for the Renter to challenge the penalty/fee. The right to appeal, or transfer liability, on any traffic or parking charge issued by any authority or body belongs to Flexdrive and will be at Flexdrive’s absolute discretion. In the case of certain violations, including but not limited to, speeding notices, Flexdrive is obligated to pass on the offending Renter’s details to the police, who will then contact the Renter directly.
(3) Renter is responsible for paying the charging authorities directly all tolls, including any fines for toll evasion, and other related fines, fees, and penalties assessed against Renter, Flexdrive or the Rental Car during the Rental Period. Renter should not rely on use of a toll transponder in the Rental Car (if any) in connection with Renter’s payment for tolls. In order to avoid a Processing Fee (as defined below) in connection with a toll, Renter must pay the toll in cash at the applicable toll plaza (where permitted) or Renter 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. If Renter is provided a toll transponder and uses it to pay any tolls, the toll payments as well as any fees associated with the use or possession of the toll transponder will be charged to the payment card Renter uses in connection with this rental and Renter expressly authorizes such charges. If Flexdrive is notified that it may be responsible for payment of a toll or violation, Renter will pay Flexdrive or a processing firm of Flexdrive’s choosing (“Processor”) an administrative fee of up to $50 for each such notification (each, a “Processing Fee”) (such fee is a reasonable estimate of Flexdrive’s costs in administrating resolution for a violation or engaging a Processor to do so). If Flexdrive or the Processor pays a toll or violation on Renter’s behalf even in connection with the use of a toll transponder in the Rental Car (if any), Renter authorizes Flexdrive or the Processor to charge tolls or violations to the payment card Renter used in connection with this rental. As and to the extent necessary to enable Flexdrive to enforce its rights under this paragraph, Flexdrive may disclose Renter’s personal information to toll authorities and/or the Processor.
- PERSONS PERMITTED TO USE RENTAL CARS
Only properly licensed, active members in the Program and Renters in good standing are allowed to drive Rental Cars, subject to applicable state laws. Renter understands and agrees that in states that require a rental company to inspect the driver’s license of a renter to validate that the license was issued to the renter, Renter will cooperate with Flexdrive by, as applicable, (a) physically presenting the driver’s license to the employee at the rental location and/or (b) transmitting true and actual photos of the driver’s license to Lyft via the Lyft app or other electronic means specified by Lyft or Flexdrive. To the extent permitted by applicable law, non-Renters are expressly prohibited from driving a Rental Car at any time. Further, to the extent permitted by applicable law, Renter may not permit any other individual to drive a Rental Car other than the specific Renter who has rented and been assigned to a specific Rental Car in compliance with this Agreement. Renter assumes liability for all damages, loss or injury to third parties arising from the use of the Rental Car by an unauthorized user, and, further, if Flexdrive is legally responsible for damages, loss or injury, then Renter agrees to defend and indemnify Flexdrive with respect to same to the extent permitted by applicable law.
- REPAIR, MAINTENANCE AND ROADSIDE ASSISTANCE
If Renter is notified by Lyft and/or Flexdrive of the need for routine maintenance on the Rental Car that Renter then currently has under rental, Renter will take the vehicle to the locations specified by Lyft and/or Flexdrive, which in all instances will be a Flexdrive-approved maintenance provider. If Renter believes that a Rental Car requires unscheduled repair or maintenance, Renter will contact Lyft, which will notify Flexdrive, and Flexdrive will arrange for the performance of such repair or maintenance by a Flexdrive-approved provider. Under no circumstances shall Renter arrange for repair or maintenance without Lyft’s or Flexdrive’s prior written authorization. If Renter requires roadside assistance, Renter will contact Flexdrive’s roadside assistance provider (identified above). Renter will not use an alternative roadside assistance provider without Flexdrive’s prior authorization.
- COLLISION DAMAGE WAIVER / NO DEDUCTIBLE
Collision Damage Waiver (“CDW”) / No Deductible is not insurance and is not mandatory. If we offer, and you accept CDW, you will be responsible to pay the weekly CDW rate for each full or partial week that the Rental Car is rented to you or otherwise in your possession. If you accept and pay for a CDW and are not in violation of the Rental Agreement, Flexdrive will waive all loss of or damage to the vehicle, except for loss or damage caused by any prohibited use specified in Section 3C (PROHIBITED USES OF RENTAL CARS) of this Rental Agreement, where permitted by applicable state law.
CDW is offered in select markets. See State-Specific Provisions in Section 25 (LOCATION SPECIFIC DISCLOSURES) or the very top of this Rental Agreement for additional information and limitations that apply to our CDW in certain states.
NOTE: If you were offered and accepted a CDW, that selection will automatically renew every week. Please visit your Flexdrive rental location to change your deductible selection.
- PARTIAL COLLISION DAMAGE WAIVER / Low Deductible
Partial Collision Damage Waiver (“PCDW”) / Low Deductible is not insurance and is not mandatory. If we offer, and you accept PCDW, you will be responsible to pay the weekly PCDW rate for each full or partial week that the Rental Car is rented to you or otherwise in your possession. If you accept and pay for a PCDW and are not in violation of the Rental Agreement, Rental Company will waive all loss of or damage to the vehicle SUBJECT TO A $500 DEDUCTIBLE, except for loss or damage caused by any prohibited use specified in Section 3C (PROHIBITED USES OF RENTAL CARS) of this Rental Agreement, where permitted by applicable state law.
PCDW is offered in select markets. See State-Specific Provisions in Section 25 (LOCATION SPECIFIC DISCLOSURES) or the very top of this Rental Agreement for additional information and limitations that apply to our PCDW in certain states.
NOTE: If you were offered and accepted a PCDW, that selection will automatically renew every week. Please visit your Flexdrive rental location to change your deductible selection.
o “Period 0” is the period of time in which a Renter has taken possession of a Rental Car and does not have the Lyft Application in Driver Mode or is not otherwise in Period 1, 2 or 3. For clarity, “Period 0” includes any time the renter is driving for personal use or on other “gig company” platforms.
o “Period 1” is the period of time in which a Renter has the Lyft Application running in Driver Mode but has not accepted any requests for transportation services from Lyft Passenger(s).
o “Period 2” is the period of time in which a Renter has the Lyft Application running in Driver Mode and has accepted a request for transportation services from Lyft Passenger(s) but does not have any Lyft Passengers occupying the Rental Car.
o “Period 3” is the period of time in which a Renter has the Lyft Application running in Driver Mode and has at least one Lyft Passenger occupying, entering or exiting the Rental Car.
During Period 0, except where otherwise required by applicable law, for all Rental Cars, any insurance protection provided by Flexdrive will only be secondary to, and not in excess of, any applicable insurance or other coverage available to Renter, from any other source, whether primary, excess, secondary or contingent.
Where required by applicable law to be primary, insurance maintained by Flexdrive shall apply during Period 0, and insurance maintained by Lyft shall only apply during Periods 1, 2 & 3.
“Driver Mode” means the state of the Lyft Application where it is running and logged in on a Renter’s Lyft Driver account and is available to receive requests for transportation services from Lyft passengers.
B. maintained by Flexdrive during Period 0 for all Rental Cars:
- Liability Coverage: Subject to the foregoing, state required minimum financial responsibility limits and any other compulsory requirements applicable.
- Physical Damage Coverage: Subject to the foregoing, Flexdrive’s insurance policy will provide coverage against physical damage to the Rental Car during Period 0. To the extent permitted by applicable law, such Physical Damage Coverage is subject to a $1,000 deductible per incident which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages. If Renter purchases either a PCDW or a CDW and complies with the terms of this Rental Agreement, the Renter’s deductible will be (1) lowered to $500 for a PCDW or (2) completely waived for a CDW.
- Uninsured/Underinsured Motorists Coverage: Coverage limits in accordance with local regulations and/or state laws.
C. Insurance maintained by Lyft during Periods 1, 2, and 3 for all Rental Cars:
- During Period 1, Lyft’s insurance policies will provide the following:
a. Primary commercial auto liability insurance as set forth in the applicable city’s, state’s or region’s Transportation Network Company ordinances.
b. Auto Physical Damage providing coverage for damage to the Rental Car, subject to a $1,000 deductible per incident (as permitted by applicable law) which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages. If Renter purchases either a PCDW or a CDW and complies with the terms of this Rental Agreement, the Renter’s deductible will be (1) lowered to $500 for a PCDW or (2) completely waived for a CDW.
- . During Periods 2 or 3, Lyft’s insurance policies will provide the following:
a. Primary commercial auto liability insurance with a minimum combined single limit of $1,000,000 per accident. (These limits shall apply to markets excluding Minnesota, Nevada, New Jersey, North Carolina, and Rhode Island.)
b. In MN, NV, NJ, NC and RI – primary commercial auto liability insurance with a minimum combined single limit of $1,500,000 per accident.
c. Auto Physical Damage providing coverage for damage to the Rental Car, subject to a $1,000 deductible per incident (as permitted by applicable law), which shall be the sole responsibility of Renter; provided, however, if the cost of damages for any one incident is less than $1,000, the deductible shall equal the total cost of damages. If Renter purchases either a PCDW or a CDW and complies with the terms of this Rental Agreement, the Renter’s deductible will be (1) lowered to $500 for a PCDW or (2) completely waived for a CDW.
D. Items Not Covered by Flexdrive or Lyft Insurance Policies for any Rental Cars:
(1) If the total amount of the injuries and/or third party property damage in an accident exceeds the applicable coverage limits, the Renter is responsible for any amount that exceeds the liability insurance included with the Rental Car. Renters engaging in prohibited uses of Rental Cars may not be covered by the insurance maintained by Flexdrive or Lyft and are subject to immediate revocation of eligibility to participate in the Program and/or Lyft platform access.
(2) To the extent permitted by law, for any loss or damage to the Rental Car that occurs during the Rental Period, the Renter is responsible for the cost of the repairs or other damage amounts, subject to a Renter’s purchase of a PCDW or a CDW. This amount may vary. The insurance provided does not reduce or void the Renter’s obligations with respect to the Rental Car damage which occurs during the Rental Period.
(3) For more information regarding insurance coverage included with your Rental Car, please refer to the following link: https://help.lyft.com/hc/ru/articles/360001562707-Insurance-with-Express-Drive .
- LIMITED LICENSE
Subject to the terms and conditions of this Agreement, upon your receipt of a notice of acceptance of this Agreement from Flexdrive, you are granted a non-exclusive, limited, non-transferable, freely revocable license to use the Services for personal use, for your activities as a Driver on the Lyft platform, as expressly permitted by this Agreement, and as permitted by the features of the Services and applicable law. Flexdrive reserves all rights not expressly granted herein. In addition, Renter acknowledges that all Rental Cars contain onboard hardware and software for tracking and monitoring Rental Cars, and that Renter is granted only a limited, personal, non-transferrable, and non-exclusive license to such hardware and software only for the purposes authorized by their use of the Services. All title and ownership interest in and to any intellectual property contained in the Services is the property of Flexdrive, Flexdrive’s licensors, or Lyft’s. Renter acknowledges that Flexdrive may aggregate anonymized data regarding the Program and the activities of Renters for purposes of analyzing the use of and improving the Flexdrive technology platform, analyzing trend data for purposes of product development and program development and otherwise using the aggregated data for internal purposes.
- GLOBAL POSITIONING SATELLITE SYSTEM, TELEMATICS, EVENT DATA RECORDER
The Rental Car may be equipped with global positioning satellite (GPS) technology or another telematics system, and/or an event data recorder (EDR) (collectively, “Telematics Devices”). You acknowledge and authorize that your use of the Rental Car may be remotely monitored by us or on behalf of us through such systems to the extent permitted by law. This remote monitoring may include collection of vehicle data, such as: location (used for purposes such as: tracking or locating vehicles that are overdue or have been reported lost or stolen, tracking or locating vehicles not returned by the scheduled rental return date, tracking or locating vehicles to confirm the time, date, and/or location of the start or end of a Rental Period, or as may be required by law enforcement agencies), odometer (for the purpose of calculating rental pricing), oil life, fuel level, tire pressure, battery state of charge, diagnostic trouble codes, and other elements we may deem necessary (“Telematics Data”). To the extent permitted by law, we may disable the vehicle when we deem necessary, including if you breach this Rental Agreement. In certain instances and to the extent permitted by law, the vehicle manufacturer of your Rental Car may be collecting Telematics Data which may be shared with third-party servicing entities.
These systems may use cellular communications, and you should have no expectation of privacy related to your use of this vehicle. You agree to inform all passengers of the Rental Car of the terms of this section, and that you have authorized release of information collected by Telematics Devices. We are not responsible for the operability of any telematics navigational or other system included with the vehicle. Any information provided through a Telematics Device is on an “as-is” basis, and we will not be liable to you or any user in connection with the use of that information. To the extent permitted by law, you agree to indemnify, defend and hold us harmless from any damage to persons or property caused by failure of the Telematics Devices to operate properly, or otherwise arising from the use of such device.
- RENTER’S USE OF VEHICLE’S NAVIGATION AND INFOTAINMENT SYSTEM AND VEHICLE MANUFACTURE APPS
If Renter or any occupant pairs a mobile device with the Vehicle’s navigation or infotainment systems, personal information may be transferred to and stored on these systems. We cannot guarantee the privacy or confidentiality of such information and it is Renter’s responsibility to delete all personal information from these systems before returning Vehicle to avoid subsequent occupants or users of Vehicle accessing this information.
To the extent permitted by law, Renter will be responsible for the payment of any and all rental fees, taxes, damage fees, claims, penalties, fines, deductibles related to Rental Car damage (if permitted by applicable law), tolls (as described in greater detail below), other miscellaneous fees, or other amounts set forth in this Rental Agreement. Such payments will be collected from Renter by Lyft or Lyft’s designated agents (“Lyft’s Agents”), and Lyft will forward such payments to Flexdrive. Flexdrive may coordinate with Lyft or Lyft’s Agents to deduct any such amounts Renter owes in connection with the rental of a Rental Car from the amounts Renter may earn while using the Lyft platform. In addition, Lyft or Flexdrive may require Renter to provide a credit or other payment card (subject to applicable terms and conditions) in order to reserve or rent a Rental Car, that an authorization or hold amount may be placed on the card provided, and that Lyft may charge the amount owed to the payment card Renter provides at any time and in any incremental amount (up to the total amount owed) upon notice to Renter. Prepaid cards (e.g., gift cards) are not valid forms of payment.
Flexdrive has designated Lyft as its agent solely for the purpose of collecting these amounts on Flexdrive’s behalf. For this purpose, Renter authorizes Lyft to offset these amounts from other amounts Lyft owes Renter, and if such offset does not fully pay such amounts, to charge the remaining unpaid amount to the payment method Renter has authorized for Lyft’s use in connection with the Lyft platform, to the extent permitted by applicable law and upon notice to Renter. Certain amounts may be charged at or after the end of the Rental Period, such as fees for vehicle damage as may be identified during final inspection, or for unpaid tickets or tolls and associated administrative fees that are identified after the Rental Period, or otherwise, as provided in the Agreement. Renter must keep a valid payment method on file with Lyft to pay the above amounts. Notwithstanding the foregoing, if Renter fails to pay to Lyft any such fees or other amounts due and payable in accordance with this Agreement, Flexdrive is entitled to seek to collect such amounts directly from Renter, and Renter hereby agrees that Lyft is entitled to provide to Flexdrive (a) a copy of the Rental Agreement; (b) any executed Payment Plan Agreement; (c) Renter contact information; (d) any correspondence between Renter and Lyft or its agents that relates to the collection of such amounts; and (e) Renter’s payment information.
This Agreement and your membership in the Program shall be effective from the Effective Date, and shall remain in effect for one year, subject to automatic one year renewals, unless earlier terminated by either party as set forth in this Agreement. During the term of the Agreement, each Renter will have the ability to rent Rental Cars for those periods set forth in Renter’s registration process.
- SUSPENSION OR TERMINATION
Flexdrive may immediately suspend or terminate the use of its Service by any Renter for any reason, including for a violation of this Agreement. Termination of this Agreement will additionally terminate any Renter reservation then placed or in effect, and you will promptly follow Flexdrive or Lyft’s instructions regarding the return of any Rental Car then in your possession. If your use of Services or any rental of a Rental Car is suspended by Flexdrive, we may, in our sole discretion, reinstate your eligibility for membership in the Program following your cure of any such violation. Subject to each Rental Period being for a minimum of seven (7) days, Renter may schedule a return and/or terminate this Agreement at any time. After the initial seven (7) day rental, the Renter can return the Rental Car to the location from which the Renter rented it at any time during normal business hours and receive a pro-rated charge. Any voluntary termination of this Agreement or reduction in Rental Period by a Renter shall not result in reimbursement of any rental fees for any outstanding reservation or rental of a Rental Car
- REPOSSESSION AND RECOVERY OF RENTAL CARS; USE OF STARTER INTERRUPT TECHNOLOGY
To the extent permitted by applicable law, Flexdrive reserves the right to recover or repossess or to assist in the recovery and repossession of the Rental Cars, at any time, without notice, and at Renter’s expense if Renter violates this Agreement (including, but not limited to, by failing to pay all fees or other amounts due and payable in accordance with this Agreement or by failing to return the Rental Car at the end of the Rental Period) or upon termination of this Agreement. To the extent permitted by and in accordance with applicable law, Flexdrive may assist in the recovery or repossession of a Rental Car or may recover or repossess a Rental Car by remotely deactivating such Rental Car through the use of starter interrupt technology that is part of or attached to the Rental Car. Renter agrees to pay all costs, including, but not limited to, reasonable legal fees or attorneys’ fees, if any, associated with the repossession or recovery of any Rental Car pursuant to this Section 15. Renter hereby agrees to waive all claims for damages connected with the repossession or recovery of any Rental Car pursuant to this Section 15 and use of starter interrupt technology.
To the extent permitted by applicable law, Renter agrees to defend, indemnify and hold harmless Flexdrive and Lyft, and each of their respective subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Renter’s violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (ii) Renter’s violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) Renter’s violation of any applicable law, rule or regulation; and (iv) any claims or damages that arise as a result of Renter’s use of a Rental Car which are not covered by insurance provided for Renter by Flexdrive or is subject to fee schedule provided by Flexdrive.
- NO WARRANTY
The Services are provided on an “as is” and “as available” basis. Use of the Rental Car is at your own risk. To the maximum extent permitted by applicable law, Rental Cars are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non- infringement. No advice or information, whether oral or written, obtained by you from Flexdrive or through the Services will create any warranty not expressly stated herein, including with respect to driver or passenger safety. Without limiting the foregoing, Flexdrive, its parents, its subsidiaries, and its licensors do not warrant that the Services will meet your requirements; that the Services will be available at any particular time or location; that any defects or errors will be corrected; or that the Services are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the Service.
- LIMITATION OF LIABILITY
A. To the maximum extent permitted by applicable law, in no event shall Flexdrive, its affiliates, agents, directors, employees, contractors or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, the Services. Under no circumstances will Flexdrive be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Services or your account or the information contained therein. In no event shall Flexdrive, its affiliates, agents, directors, employees, contractors, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding $1,000.00.
B. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Flexdrive has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Agreement gives you specific legal rights, and you may also have other rights, which vary from state to state. The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
- ARRANGEMENTS WITH THIRD PARTIES
In addition to providing the Services, Renters may elect to provide to or receive services from third parties in connection with the Program (collectively, the “Other Services”). For example, you may elect to rent a Rental Car with mounted sensors provided by a third party, or to have such sensors mounted, for the purpose of collecting driving, vehicle, mapping, or other data. You understand and agree that in such circumstances that you are engaging with the third party provider directly and not with Flexdrive or Lyft and that the Other Services are subject to the terms that you agree with the third-party provider. You agree that neither Flexdrive nor Lyft warrant the Other Services, and that Flexdrive and Lyft are not responsible and may not be held liable for the Other Services or the actions or omissions of you or the third-party provider. You should carefully review the terms and conditions of any of the Other Services with which you engage.
Flexdrive and Lyft may provide any notices required to you hereunder at the email address (or, if you opt out of such delivery method, at the home address) indicated in your reservation request, and you shall update any such information promptly to the extent such information changes; provided that Flexdrive and Lyft shall have no liability for your failure to provide such updates and any notices delivered by Flexdrive to the address on file in our records shall be deemed effective when given. You may give notice to Flexdrive by sending any such notice to Flexdrive Services, LLC, Attn: Legal Department, 309 East Paces Ferry Rd NE Unit 400, Atlanta, GA 30305 or via email to email@example.com.
(A) Pre-Dispute Resolution Procedure. Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and Flexdrive agree that each party shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Flexdrive, you must send written notice of the claim to Attention: firstname.lastname@example.org with a subject line of: Flexdrive Rental Claim / [Renter Name] / [Date of Submission] / [City]. If Flexdrive is intending to assert a claim against you, we will send the written notice of the claim to you at your billing address or email address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE- DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
(B) Dispute Resolution. Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, you and Flexdrive mutually agree to waive our respective rights to resolution of disputes in a court of law by a judge or jury and agree that all disputes between you and Flexdrive arising out of, relating to or in connection with your rental of a Rental Car from Flexdrive and the Rental Agreement shall be exclusively settled through binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND FLEXDRIVE AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION (collectively, “Class Action Waiver”). Notwithstanding any provision in these terms to the contrary, in any case in which the dispute is filed as a class, collective, or representative action, and there is a final judicial determination that the Class Action Waiver is unenforceable as to any claims, then those claims shall be severed from any remaining claims and may be brought in a civil court of competent jurisdiction, but the Class Action Waiver shall be enforced in arbitration on an individual basis as to all other claims to the fullest extent possible. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Flexdrive will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in this Agreement to the contrary, we agree that if Flexdrive seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) that you had already provided notice of to Flexdrive. Information on AAA, its rules and procedures, and how to file an arbitration claim can be found by contacting AAA at 800-778-7879 or on its website at https://www.adr.org. Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a vehicle related to your Flexdrive Rental Car, are exempt from the foregoing dispute resolution provision.
- DISPUTES AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of Georgia in the United States without regard to any conflict of law principles. This Agreement is a contract for services and not for the sale of goods. The UN Convention on the International Sale of Goods is excluded.
This Agreement constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the parties. No alteration or modification of this Agreement shall be valid unless made in writing and signed by each party. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by the affected party hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled and apply to respective successors and rightful assignees.
- ELECTRONIC DOCUMENT AND SIGNATURE
For contractual purposes, you: (a) consent to receive communications from Flexdrive in electronic form, and (b) agree that all terms and conditions, agreements, notices, disclosures and any other communications that Flexdrive provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a print-on-paper writing. By clicking “Accept”, you are signing this Agreement electronically, and such selection (your “E-Signature”) constitutes your legal signature, acceptance and agreement to the terms of this Agreement, as if this Agreement were actually signed by such Party in “print-on-paper” or “wet ink” writing. You also agree that no certification, authority, or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature or any resulting contract between you and Flexdrive.
- LOCATION SPECIFIC DISCLOSURES
Renter further acknowledges that Renter has received, read, understands and agrees to the following state-specific disclosures, notices, and terms and conditions if a Rental Car is rented in one of the jurisdictions listed below. Renter is advised to review the applicable paragraphs before renting or operating a Rental Car in the location(s) set forth below. These disclosures, notices, and terms and conditions may modify or replace, as applicable, Renter’s obligations set forth above. In the event of a direct conflict between any of the terms set forth above and this Location Specific Disclosures Section, the terms contained in this Location Specific Disclosures Section will govern.
THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.
NOTICE: Our liability insurance does not cover injuries to passengers in the Rental Vehicle.
Failure to Return Vehicle When Due
Renter will be in violation of A.R.S. §13-1806 if a Rental Vehicle is not returned within 72 hours of the date and time the Rental Vehicle is due back. If Renter fails to return the Rental Vehicle within 72 hours of the date and time due in, Renter may be found guilty of a Class 5 felony that could result in a fine of up to $150,000 per charge and/or imprisonment of up to 7.5 years.
Any insurance policies that we offer may provide a duplication of coverage already provided by your personal automobile insurance policy or by another source of coverage. You are not required to purchase any insurance from us in order to rent the Vehicle.
Personal Information; Communications. Renter agrees that Flexdrive may disclose personally identifiable information about Renter and the Rental Car to applicable law enforcement agencies or to Flexdrive’s affiliates or third parties in connection with our enforcement of Flexdrive’s rights under this Agreement and for other legitimate business purposes. Pursuant to Section 1939.22 of the Cal. Civ. Code, Renter agrees that Flexdrive or an assignee may contact Renter by calling or sending text messages or emails to any email address or telephone number Renter provides to Lyft or Flexdrive, including wireless telephone numbers, which could result in additional charges to Renter. Renter represents that Renter is either the owner or primary user of the number(s) and email address renter provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. Renter may revoke Renter’s consent at any time by contacting Flexdrive in writing at the address set forth in the Corporate Identity section of the Agreement.
Failure to Return Vehicle. If the Rental Car is not returned within seventy-two (72) hours following the Return Date or extension of the Return Date, as permitted by this Agreement, Flexdrive may activate electronic surveillance technology, such as GPS vehicle tracking technology, to locate the Rental Car. Flexdrive will provide Renter with notice of activation of the electronic surveillance technology twenty-four (24) hours prior to such activation by telephone and electronically unless Renter has not provided a telephone number to Flexdrive or has not agreed to electronic communication pursuant to Section 1932.22 of the Cal. Civ. Code.
Renter acknowledges that electronic surveillance technology may be activated if the Rental Car is not returned within seventy-two (72) hours following the Return Date or extension of the Return Date, as permitted by this Agreement, in order to locate the Rental Car and in order to determine when the Rental Car can be safely deactivated through the use of the starter interrupt technology, as further described in Section 10 of this Agreement.
NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER
You are responsible for all collision damage to the Rental Car even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the Rental Car, and towing, storage, and impound fees.
Your own insurance, or the issuer of the credit card you use to pay for the vehicle rental transaction, may cover all or part of your financial responsibility for the Rental Car. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.
Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
Flexdrive will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if:
- Damage or loss results from an authorized driver’s (A) intentional, willful, wanton, or reckless conduct, (B) operation of the Rental Car under the influence of drugs or alcohol in violation of Section 23152 of the Vehicle Code, (C) towing or pushing anything, except as may be provided for in your rental agreement, or (D) operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.
- Damage or loss occurs while the Rental Car is (A) used in connection with conduct that could be properly charged as a felony, (B) involved in a speed test or contest or in driver training activity, (C) operated by a person other than an authorized driver, or (D) operated outside the United States.
- An authorized driver who has (A) provided fraudulent information to Flexdrive, or (B) provided false information and Flexdrive would not have rented the vehicle if it had instead received true information.
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
Flexdrive will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you for the following:
(a) Willful and wanton conduct or misconduct;
(b) Intoxication by alcohol or use of controlled substances as defined in section 42-4-1301, C.R.S.;
(c) Participation in a speed contest;
(d) Pushing or towing anything;
(e) Use of the vehicle while committing a misdemeanor or felony or other criminal act;
(f) Use of the vehicle by an unauthorized driver, which includes any person not specifically authorized by the rental agreement;
(g) Supplying information which is false concerning the rental transaction with intent to defraud the lessor;
(h) Use of the vehicle outside the continental United States, unless specifically authorized by the rental agreement; and
(i) Any instance whereby, during the rental of such rental motor vehicle, the speedometer or odometer is tampered with or disconnected.
Collision Damage Waiver
NOTICE: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the Rental Car. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the Rental Car and the amount of deductible under your own insurance coverage.
Any CDW purchased by you will be invalidated, and we will not waive our right to hold you financially responsible for loss of or damage to the Rental Car if the loss or damage results from or occurs: (a) while the Rental Car is used to carry persons or property for a charge or fee; (b) during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved; (c) and that could reasonably be expected from an intentional or criminal act of the driver other than a traffic infraction; (d) any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles; (e) if this Agreement is based on fraudulent or material misrepresentation by the renter; (f) arising out of the use of the Rental Car outside the continental United States or Canada; (g) while the Rental Car is operated by a driver not permitted under the rental agreement; (h) while the Rental Car is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code; or (i) if the Rental Car is stolen and you fail to: (x) return the Rental Car’s ignition key and the key tag identifying the Rental Car to us; (y) file a police report within the 24–hour period after discovery of the Rental Car theft; and (z) fully cooperate with us, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen Rental Car.
Responsibility for Damage or Loss to the Rental Car.
Renter is responsible for all physical and mechanical damage to or loss of the Rental Car, regardless of the cause of such damage or loss and whether or not Renter is at fault, up to the maximum amounts specified by law pursuant to 625 ILCS 5/6-305.2, as amended from time to time. Renter’s responsibility may include: (a) if the Rental Car has a manufacturer’s suggested retail price (“MSRP”) of $50,000.00 or less: (1) in the case of damage or loss, except for theft, the lesser of: (A) the actual and reasonable costs that Lyft Center incurred to repair the Rental Car or that Flexdrive would have incurred if the Rental Car had been repaired; or (B) the fair market value of the Rental Car immediately before the damage occurred, as determined in the customary market for the retail sale of the Rental Car; and (2) actual and reasonable costs incurred by loss due to theft of the Rental Car up to $2,000.00; provided, however, that if it is established that Renter failed to exercise ordinary care while in possession of the Rental Car or that Renter committed or aided and abetted the commission of the theft, then the damages shall be the actual and reasonable costs of the Rental Car up to its fair market value, as determined by the customary market for the sale of that vehicle; (b) if the Rental Car has an MSRP of more than $50,000.00: (1) in the case of damage or loss, except for theft, the lesser of: (A) the actual and reasonable costs that Flexdrive incurred to repair the Rental Car or that Flexdrive would have incurred if the Rental Car had been repaired; or (B) the fair market value of the Rental Car immediately before the damage occurred, as determined in the customary market for the retail sale of the Rental Car; and (2) the actual and reasonable costs incurred by loss due to theft of the Rental Car up to $40,000. For purposes of section (a) of this paragraph, for the period beginning June 1, 2021, the maximum recovery shall not exceed $20,000.00. Beginning June 1, 2022 and annually each June 1 thereafter, the maximum amount that may be recovered from Renter will be increased by $500.00 above the maximum recovery allowed immediately prior to June 1 of that year. For purposes of section (b) of this paragraph, on October 1, 2021, the maximum amount that may be recovered from Renter shall be $51,000, and on each October 1 thereafter, the maximum amount that may be recovered from Renter shall be increased by $1,000.00 above the prior year’s maximum recovery. Allowing anyone other than Renter to use the Rental Car is not an exercise of ordinary care, but a willful and reckless act that is a breach of this Agreement.
NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN DATE NOTED ON THIS AGREEMENT.
NOTICE: This vehicle is equipped with an electronic tolling device.
For any Rental Agreement signed in, and subject to the laws of, the state of Maryland, the Rental Period (including the initial 7-day period and any renewals) shall not exceed one hundred and twelve (112) days, meaning you must return your Rental Car on or before the 112th day after you sign your Rental Agreement.
NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the Rental Car. Your personal automobile insurance may already cover you for damage to a Rental Car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts residents: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to the Rental Car, less the deductible on your policy. If you have comprehensive coverage on your vehicle, your policy will cover loss on the Rental Car caused by fire, theft or vandalism, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.
Flexdrive will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you for the following:
(a) damage or loss caused intentionally, willfully or wantonly by an authorized driver;
(b) damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
(c) damage or loss caused while an authorized driver is engaging in any speed contest;
(d) damage or loss caused while an authorized driver is using the vehicle to push or tow anything;
(e) damage or loss incurred while an authorized driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;
(f) damage or loss incurred while the vehicle is driven, with the renter’s permission or accession, by anyone other than an authorized driver;
(g) damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;
(h) damage or loss incurred as a result of commission of a felony by an authorized driver.
This rental agreement offers, for an additional charge, a Collision Damage Waiver to cover your responsibility for damage to the Rental Car. The purchase of a Collision Damage Waiver is optional and may be declined. Your own personal insurance (auto, homeowners, or liability insurance) may cover all or part of your financial responsibility for the rented vehicle, so you should determine the extent of your coverage before deciding whether to purchase a Collision Damage Waiver. The terms and limitations of the Collision Damage Waiver are listed in Section 3.C (PROHIBITED USES OF RENTAL CARS) of the Rental Agreement.
NOTICE: Our contracts offer, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether or not to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived.
COLLISION DAMAGE WAIVER DISCLOSURES
Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the rental vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under this contract.
Read the collision damage waiver disclosure provision contained in this rental agreement before signing this agreement.
Notice About Liability for Damage to the Rental Car
The State of Rhode Island requires us to provide the following information about your liability for damage to the rental car and the purchase of a damage waiver.
Insurance or Credit Card Coverage
Liability for any damage to the rental vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage.
Damage Waiver Coverage
A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it.
If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:
(1) Damage or loss caused intentionally, willfully or wantonly by an authorized driver;
(2) Damage or loss occurring while an authorized driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
(3) Damage or loss caused while an authorized driver is engaging in any speed contest;
(4) Damage or loss caused while an authorized driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
(5) Damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the rental agreement if such damage or loss is incurred outside of those states where operation of the vehicle is expressly authorized in the rental agreement;
(6) Damage or loss incurred while the vehicle is driven, with the renter’s permission or accession, by anyone other than an authorized driver;
(7) Damage or loss incurred after the private passenger automobile was rented or an authorized driver was approved as a result of fraudulent information provided to the rental company;
(8) Damage or loss incurred as a result of commission of a felony by an authorized driver; and
(9) Damage or loss incurred if the vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with the rental agency, police or other authorities in all matters connected with the investigation.
When you rent a vehicle from us, you are responsible for damages to the vehicle. You may also be responsible for other losses related to the vehicle damage. You may be covered for damage and loss by your personal motor vehicle insurance. If such coverage exists, and is confirmed by us, you may require us to submit any claims to your insurance company.
NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.
If you accept and pay for CDW, Rental Company will waive all loss of or damage to the vehicle, unless:
- an authorized driver causes the damage intentionally or by willful and wanton misconduct;
- the damage arises out of use of the vehicle:
A) by a person:
(i) who is not an authorized driver;
(ii) while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or
(iii) while engaged in commission of a crime other than a traffic infraction;
(B) to push or tow anything;
(C) for driver’s training;
(D) to engage in a speed contest; or
(E) outside the continental United States, unless the rental agreement specifically authorizes the use; or
- Rental Company entered into the rental transaction based on fraudulent information supplied by you
NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.
NOTICE ABOUT DEDUCTIONS FROM LYFT DRIVER EARNINGS OR CHARGES AGAINST YOUR CREDIT OR OTHER PAYMENT CARD FOR UNPAID PARKING TICKETS
IF YOU FAIL TO PAY any forfeitures, costs, or towing and storage charges for nonmoving traffic violations incurred while you are in possession of the Rental Car, Flexdrive or Lyft (acting as a designated agent on Flexdrive’s behalf for the collection of such charges) may pay those sums and DEDUCT FROM YOUR LYFT DRIVER EARNINGS OR CHARGE TO YOUR CREDIT OR OTHER PAYMENT CARD the amount paid for the forfeitures, costs, or charges plus an administrative fee of not more than $30.
A damage waiver is not insurance coverage. If you purchase a damage waiver, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:
1) You cause, or any authorized driver causes, the damage intentionally or by reckless or wanton misconduct.
2) The damage occurs while you, or any authorized driver, operates the car in this state while under the influence of an intoxicant or other drug, as described by the laws of this state.
3) The damage occurs while you, or any authorized driver, operates the car in another state while under the influence of an intoxicant or other drug, as described by the laws of that state.
4) The damage occurs while you, or any authorized driver, is engaged in a race, speed, or endurance contest.
5) The damage occurs while you or any authorized driver is using, or has directed another to use, the car in the commission of a misdemeanor, or a felony, as defined by s. 939.60, Stats.
6) The damage occurs while you are using, or any authorized driver is using, the car to carry persons or property for hire.
7) The damage occurs while you are using, or any authorized driver is using, the car outside the United States and Canada, except as is permitted under the rental agreement.
8) The damage occurs while the car is operated on a surface not intended for use by private passenger vehicles.
9) You provide us misleading or false information in order to rent the car, which causes us to rent you the car when we would not have otherwise done so, or on terms to which we would not have otherwise agreed.
10) You, or an authorized driver who was operating the car when an accident occurred, fail to promptly report, to us and the police, the accident resulting in damage to the car.
11) The damage is caused by an unauthorized driver if you did not report a theft to the police within 24 hours after you learned the unauthorized driver took possession of the car, did not cooperate with the police in providing information about the theft, or left the ignition key in the car at the time of the theft.