1. Definitions
"Agreement" means all terms and conditions found in the Rental Agreement, vehicle inspection form, this terms and conditions, any addenda and any additional documents you sign or we provide at the time of rental. "You" or "your" means the person identified as the renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every 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. "We," "our," or "us" means Miriaj Car Rentals. "Authorized Driver" means the renter and each additional driver listed by us in this Agreement, as long as each such person has a valid driver's license and is at least age 21. Only Authorized Drivers are permitted to use the Vehicle. "Vehicle" means the automobile identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. "CDW" means Collision Damage Waiver. "Collision Damage" means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires, wheels or windshields; comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire; or other comprehensive loss not caused by collision or upset. "TWWD" means Tire, Wheel, and Windshield Damage Waiver. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Rental Period, including: use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. "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. "Charges" means the fees and charges incurred under this Agreement. All amounts expressed under this Agreement shall be payable in U.S. dollars. "Rental Period" means the period between the time that you take possession of the Vehicle and the time that the Vehicle is either returned to or recovered by us and checked in by us. "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.
2. Nature of Rental; Condition and Return of Vehicle
This is a contract for the rental of the Vehicle only. You do not have the right to sublease the Vehicle. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement and in the same condition that you received it except for ordinary wear. To extend the Rental Period, you must first obtain our approval by contacting our rental office before the due-in date. If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented unless you purchase a prepaid fuel option. To the extent permitted by law, 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.
3. Indemnity; No Warranties
To the fullest extent permitted by law, you agree to indemnify us, defend us and hold us harmless from all judgments, claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental, your use of the Vehicle or our repossession of it, and/or your use of optional equipment ("Optional Equipment"). We make no warranties, express, implied or apparent, regarding the Vehicle or Optional Equipment that we rent to you for use in the vehicle, no warranty of merchantability and no warranty that the Vehicle or Optional Equipment is fit for a particular purpose.
4. Responsibility for Damage or Loss
You are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision, weather, terrain conditions, and acts of God. Your responsibility will include:
- All damage to the Vehicle, measured as: if we determine the Vehicle is a total loss, the fair market value of the Vehicle less salvage; or if repairable, the difference between its value immediately before and after the damage, or the reasonable estimated retail value or actual cost of repair plus Diminished Value;
- Loss of Use, measured by multiplying your daily rental rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired — you agree this represents a reasonable estimate of Loss of Use damages, not a penalty, and is payable regardless of fleet utilization;
- An administrative fee, calculated based on the damage repair estimate, which you agree is reasonable: $0–$250 damage = $50 fee; $251–$500 = $75 fee; $501–$750 = $100 fee; $751–$1,500 = $150 fee; $1,501–$2,500 = $200 fee; over $2,500 = $250 fee;
- Towing, storage, and impound charges and other reasonable incidental and consequential damages; and
- 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. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors and antenna, as part of the rental charges at the time of return.
5. Prohibited Use of the Vehicle
Certain uses of the Vehicle and other actions by you or another driver or a passenger are prohibited uses ("Prohibited Uses"). The Vehicle may not be used:
- By anyone who is not an Authorized Driver, whose license is suspended in any jurisdiction, who is under the influence of a prescription or non-prescription drug, controlled substance, or alcohol, or who lacks experience operating a manual transmission if applicable;
- 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);
- To carry persons or property for hire;
- To push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle;
- In any race, speed test or contest;
- To carry dangerous or hazardous items or illegal material;
- Outside the United States, Canada, or the geographic area described elsewhere in this Agreement;
- When loaded beyond its manufacturer-rated capacity;
- On unpaved surfaces;
- To transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment;
- To transport children without approved child safety seats as required by law;
- When the odometer has been tampered with or disconnected;
- 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;
- With inadequately secured cargo;
- After an accident, unless and until you summon the police to the accident scene;
- To transport an animal (other than a service animal);
- In or through any structure or underpass without sufficient clearance;
- By anyone using a hand-held wireless communication device while not in hands-free mode; or
- In a reckless manner or with willful or intentional disregard to the Vehicle or to third parties and their property.
Also prohibited: failing to notify us and the police of an accident, theft, or vandalism involving the Vehicle; providing false, misleading or fraudulent information to us or withholding information that would have caused us not to rent the Vehicle; and smoking or vaping any substance in the Vehicle.
PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT, AUTOMATICALLY TERMINATES YOUR RENTAL, AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTENT PERMITTED BY LAW).
6. Collision Damage Waiver; Tire, Wheel and Windshield Damage Waiver
If we offer, and you purchase, CDW, we agree to waive our right to collect from you for all or a portion of Collision Damage as noted on the Rental Agreement. If we offer, and you purchase, TWWD, we agree to waive our right to collect from you for tire, wheel and windshield damage to the Vehicle. CDW and TWWD are not insurance, are optional, and may duplicate coverage under your own insurance policy or credit card. CDW and TWWD do not apply to Optional Equipment. If you use the Vehicle for a Prohibited Use described above, any CDW or TWWD 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 Vehicle. CDW or TWWD may also be invalidated if the Vehicle is stolen and you fail to return the Vehicle keys or ignition devices we gave you at the start of the rental. Notwithstanding the purchase or other availability of CDW, TWWD, or any other coverage, you agree to cooperate with us or our assignees in the investigation of any damage incident or claim of any size — failure to do so may invalidate optional protection you purchase, including CDW and TWWD.
7. Optional Equipment
We offer certain Optional Equipment, including navigational systems and child safety seats, upon request and subject to availability, at an additional charge. All Optional Equipment is rented AS IS and must be returned at the end of the Rental Period in the same condition as when rented. If you rent a child safety seat, you must inspect and install it yourself. If you rent a navigational system, review the operational instructions before leaving the rental location.
8. Insurance; Handling Accidents/Incidents
You are responsible for all damage or loss you cause to others. You agree to provide automobile liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the "Policy") that is excess to any other valid and collectible insurance, whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than the minimum levels prescribed by the financial responsibility laws of the state whose laws apply to the loss, and does not cover injury to you. You and we reject PIP, medical payments, no-fault and uninsured/under-insured motorist coverage to the extent permitted by law; to the extent such protection is imposed by operation of law, it will be for the minimum limits required. You must report all damage and accidents to us and the police as soon as you discover them and complete our incident report form, and provide us a legible copy of any service of process, pleading, or notice 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, otherwise materially breach this Agreement, or fail to cooperate in a loss investigation or file a timely and accurate incident report.
9. Payment; Charges
You permit us to reserve against your payment card ("Reserve") or take a cash deposit ("Deposit") at the time of rental, a reasonable amount in addition to estimated charges. We may use the Reserve or Deposit to pay all Charges, but will not use it to pay for damage to the Vehicle you may be responsible for unless you separately agree after the damage amount is determined. Any excess Reserve or Deposit will be released or refunded after completion of your rental — your card issuer's rules apply to how quickly that's reflected. You will pay us, at or before conclusion of the rental or on demand, all Charges including:
- Time and mileage for the Rental Period, or a mileage charge based on our experience if the odometer is tampered with;
- Optional products and services you purchased, including additional-driver fees;
- Fuel and a refueling fee if returned with less fuel than when rented (unless you purchased a prepaid fuel option);
- Government-imposed taxes, fees, and surcharges;
- All expenses we incur locating and recovering the Vehicle if you fail to return it or we repossess it under this Agreement;
- All costs, including attorney fees, we incur collecting payment or otherwise enforcing this Agreement;
- A 2% per month late payment fee (or the maximum allowed by law) on amounts past due;
- $50 (or the maximum permitted by law) for a returned/unpaid check;
- A reasonable cleaning fee if the Vehicle is returned substantially less clean than when rented, or shows evidence of smoking;
- Towing, storage, forfeitures, court costs, penalties, and other costs resulting from your use of the Vehicle;
- A reasonable fee if you lose the keys or a toll transponder;
- Replacement cost of lost or damaged Optional Equipment parts/supplies;
- A reasonable fee if a rented navigational system is lost, stolen, or rendered unusable; and
- A surcharge if you return the Vehicle to a different location, or after the agreed date/time ("Due-In Date") — a different or higher rate may apply, which may be substantially higher than a special or promotional rate that applied to the originally agreed period.
All Charges are subject to a final audit; if errors are found, you authorize us to correct the Charges with your payment card issuer.
10. Responsibility for Tolls, Traffic Violations, and Other Charges
You are liable for 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 a charging authority notifies us that we may be responsible for a Toll or Violation, you agree that we or a processing firm ("Processor") may, in our sole discretion and without prior notice, pay it plus applicable taxes on your behalf — meaning you may not be able to challenge its validity before the charging authority. We or the Processor will charge you the face value plus taxes, plus an administrative fee per Toll and Violation. You authorize us to release your rental and payment card information to charging authorities and the Processor for processing and billing, and to charge all payments and administrative fees to the payment card used for this Agreement. Certain toll roads do not accept cash. To avoid toll violations and associated fees, pay tolls with a personal transponder accepted on the road, use cash lanes and pay cash, plan a route to avoid tolls, or consult local authorities for other payment methods.
11. Personal Information; Communications
You agree that we may disclose personally identifiable information about you to law enforcement or other third parties in connection with enforcing our rights under this Agreement and for other legitimate purposes. To service your account or recover amounts owed, you agree we (or our assignee) may contact you by call, text, or email at any number or address you provide — including wireless numbers, which could result in charges to you — using methods that may include pre-recorded/artificial voice messages or an automatic dialing device. You represent you are the owner or primary user of the number(s)/address provided. You may revoke this consent at any time by contacting us in writing at the address on the Rental Agreement.
12. Telematics Notice
The Vehicle may be equipped with GPS technology or another telematics system, and/or an event data recorder (EDR). You acknowledge and authorize that your use of the Vehicle may be remotely monitored by us, to the extent permitted by law, which may include collection of data such as location, odometer, oil life, fuel level, tire pressure, battery state of charge, and diagnostic trouble codes. To the extent permitted by law, we may disable the Vehicle when we deem necessary, including for a breach of this Agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of the Vehicle. You agree to inform all drivers and passengers of this section and that you have authorized release of information collected by these systems. We are not responsible for the operability of any telematics, navigational, or other included system.
13. Personal Property
We are not responsible for loss of or damage to personal property left with us or carried in or on the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may dispose of it as we choose. To the extent permitted by law, you waive all claims against us, our agents and employees for loss of or damage to personal property received, handled, stored, left, or carried in connection with the Vehicle or our offices. The Vehicle may include an infotainment system that permits pairing your own mobile devices and may download your contacts, communications, location, or other digital data — you should wipe all personal information from the Vehicle's systems before returning it.
14. Miscellaneous
No term of this Agreement can be waived or modified except by a writing we have signed. This Agreement constitutes the entire agreement between you and us; all prior representations and agreements regarding this rental are void. Our waiver of any breach is not a waiver of any other breach, and our acceptance of payment or failure to exercise any right under this Agreement does not waive any other provision. To the extent permitted by law: you waive all recourse against us for any criminal reports or prosecutions we bring arising from your breach of this Agreement, and you release us from 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 remain valid and enforceable.
Unauthorized Drivers
Only drivers listed on this agreement may operate the Vehicle. Unauthorized driver fee: $250 plus any resulting damages.
Travel Radius
The Vehicle may not be driven more than 150 miles from Orlando, Florida without prior written authorization. Unauthorized travel may result in recovery fees, additional charges, and forfeiture of deposit.
Smoking Policy
Smoking or vaping is strictly prohibited inside the Vehicle. Minimum fee: $100, plus any additional cleaning charges required.
Cleaning Fees
The Vehicle must be returned in reasonably clean condition. Cleaning fees range from $25 to $199 depending on condition at return.
Fuel Shortage Fee
Fuel shortages at return are charged at market rate plus a $15 service fee, in addition to the fuel policy described in the standard terms above.
Accidents — Immediate Steps
In the event of an accident, call 911 if necessary, notify Miriaj Car Rentals immediately, and cooperate with all insurance investigations. Failure to report accidents promptly may result in loss of coverage protections.
Arbitration
Any dispute arising from this rental shall be resolved through binding arbitration in Osceola County, Florida. Each party bears its own legal fees unless otherwise awarded.
Electronic Signature
Electronic signatures and initials on this Agreement are legally binding and carry the same legal force as handwritten signatures under Florida law.