General Rental Conditions
This contract represents a summary of the main provisions of the General Rental Conditions, which, together with the rental letter signed by the Customer, constitute the exclusive source that regulates the contractual relationship between the rental agency Flo Car rental 5799 sw 25Th st, West Park, Fl 33023 and the Customer or its Affiliates.
“Agreement” means all the terms and conditions contained herein. “You” or “your” means the person identified as the renter in this Agreement, each person who signs this agreement, each authorized driver and each person or organization for whose charges are billed by us at your or the renter’s address.
All persons referred to as “you” or “your” are jointly liable under this agreement. “We”, “our” or “us” refers to the commercial organization mentioned in this agreement that is renting the vehicle to you. “Authorized Driver” means the renter and each additional driver listed by us in this agreement, provided that each of those persons has a valid driver’s license and is at least 25 years old. Only authorized drivers may operate the vehicle.
“Vehicle” means the car, motorcycle or boat identified in this Agreement and each vehicle that replaces it, and all its tires, tools, accessories, equipment, keys and vehicle documents.
“CDW” means collision damage waiver or loss damage waiver.
“Physical Damage” means damage or loss of the vehicle caused by collision or rollover. Physical Damage does not include damage or loss of the vehicle due to theft, vandalism, act of nature, riot or civil unrest, hail, flood or fire or other loss not caused by collision or rollover.
“Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage or loss of the vehicle during this rental, including uses other than for rental, such as display for rental, display for sale, the opportunity to upgrade, the opportunity to sell or employee transport. Loss of use damages are often difficult to precisely determine. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the vehicle was damaged until it is replaced or repaired by 80% of the daily rental rate. You and we agree that this formula represents a reasonable estimate of actual damages and not a penalty.
“Diminished Value” means the actual cash value of the vehicle just prior to damage or loss less the value of the vehicle after repair or replacement.
“Vehicle License Fee” means our estimate of the average per-day per-vehicle portion of our annual license, ownership, and registration costs.
2. Rental, Indemnification and Warranties
This is a rental agreement for the Vehicle. We may retrieve the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of the law or this agreement. You agree to indemnify, defend, and hold us harmless from all claims, liabilities, costs and attorney fees we incur as a result of what arises from this rental and your use of the Vehicle. We make no warranties, express, implied, or apparent, regarding the Vehicle, with warranty or merchantability, and no warranty that the Vehicle is fit for any particular purpose.
3. Use of Vehicle
The rental vehicle may only be driven by the person in possession of a valid driver’s license of types “A1”, “A2”, “A3”, and “B”, or an additional driver who has been paid for at the time of rental. The following minimum age of 25 years and older is required for mid-range cars. For sports cars, a thorough study of the person who will be taking the vehicle is conducted.
The vehicle is entrusted to the Client assuming that he/she will personally drive it. The driver assumes all risks or liabilities in the event of entrusting the vehicle’s guidance to third parties, and also to a person without a driver’s license or, nonetheless, unauthorized by the rental company.
The customer may communicate to the rental agency where he/she rented the vehicle the names of any other persons who want to drive the vehicle, which will be authorized at a later time upon presentation of the driving authorization (driver’s license). For any other authorized driving, a daily supplement equal to 50% of what is described for the type of vehicle already rented is required. For particular groups of vehicles in specific areas, the use of two credit cards may be required, at the rental agency’s discretion.
4. Vehicle Condition and Return
You must return the vehicle to our rental office or another location we specify, on the date and time specified in this agreement, and in the same condition as you received it except for ordinary wear and tear. If the vehicle is returned after closing time, you remain responsible for loss and all damage to it until we inspect it upon our next opening for business. Servicing to the vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels and return the vehicle with the same amount of fuel as when rented, otherwise you will be charged the additional value for each missing gallon.
At the start of the rental, the customer must release a document relating to the date of delivery of the vehicle: any changes to the document must be communicated in advance to the rental agency.
A rental day is considered 24 hours with a tolerance of 2 hours, after which an additional day of rental will be charged. For rates subject to time limits (for example, weekend, week, etc.) after the tolerance time has elapsed, the internal rental will be charged at a daily rate. The vehicle must be returned during the rental agency’s opening and closing hours.
If you do not return the vehicle keys, the rental will continue until it is returned or a loss or theft report is filed. Loss or theft of the vehicle and/or motorcycle keys will result in a fine for compensation of USD 600.00 (six hundred) without taxes.
In the event of loss or theft of the original vehicle registration card, the Customer must compensate a deductible of USD 200.00 (two hundred) without taxes.
5. Responsibility for Damage or Losses; Police Reporting; Toll and Traffic Violation Liability
You are responsible for all damage or loss or theft of the vehicle, including damage caused by weather, road conditions, and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual retail cash value of the vehicle on the date of loss if the vehicle is not repairable or if we choose not to repair the vehicle. You are also responsible for loss of use, diminished value, and our administrative expenses incurred in processing the claim. You must report all accidents or incidents of theft and vandalism to us and to the police as soon as you discover them or they occur. You are responsible for paying to the appropriate third party all tolls, parking, traffic and toll violations, fines for toll evasion, citations, other charges, fines, forfeitures, court costs, towing and storage charges incurred during this rental. If you do not pay the collecting entities and us all or any part of the charges on your behalf, you will reimburse us for all costs and in addition you will pay us an administrative fee of $100 for each such charge.
6. Collision Damage Waiver
If you purchase CDW, we waive your responsibility for a portion of the Physical Damage to the Vehicle. We do not waive your responsibility if you fail to notify us and the police of any accident involving the Vehicle, if the odometer has been tampered with or disconnected, if you allow an unauthorized driver to operate the Vehicle, or if damage to the Vehicle: (a) is caused by anyone other than an Authorized Driver or any person with a suspended driver’s license in any jurisdiction; (b) is caused by an Authorized Driver under the influence of any drug or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs during the commission of a crime or a minor traffic violation; (e) occurs while carrying persons or property for hire, pushing or towing anything, during a race, speed test or contest, or, while teaching someone to drive; (f) results from carrying hazardous or dangerous items or illegal material; (g) occurs outside geographic boundaries indicated in this agreement; (h) is caused by driving on unpaved roads; (i) occurs during transport of more persons than the Vehicle has seat belts for, while carrying persons or property outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (j) occurs when vehicle fluid levels are low or it is reasonable to expect that further operation would damage the Vehicle; (k) caused by properly secured cargo; (l) is caused, as applicable, by any person lacking experience in handling a manual transmission; or (m) results from your intentional, willful, wanton, or reckless act or misconduct. CDW does not apply to portable devices we rent to you for use in the Vehicle such as navigation aids and child safety seats.
7. Damage to Others; Insurance
You are responsible for all injuries, damages, and loss you cause to others. You agree to provide liability, collision and comprehensive insurance coverage that covers you, us, and the Vehicle. Where the law requires us to provide automobile liability insurance, or if you have no liability insurance, we provide automobile liability insurance (the “Policy”) that is secondary to all 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 motor vehicle financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured or under-insured motorist coverage where permitted by law. The Policy is void if you breach this Agreement or if you do not cooperate in a loss investigation conducted by us or our insurer. Delivering the vehicle to an unauthorized driver cancels coverage under the Policy.
The insurance provided in the vehicle rental covers up to USD 25,000, with deductibles of USD 350 for damage to the vehicle that does not involve dents, if it includes them or the damage is greater, the deductible will be assessed between USD 1,500 and USD 2,000. If there are additional expenses, the renter or authorized driver under this contract will be solely responsible, starting from the damage review, or extra costs incurred by the authorized driver, the security deposit that varies according to the type of vehicle chosen and rented will be used, and in the event that the amount exceeds, it will be deducted by mutual agreement or by judicial development as implied by state laws.
You allow us to reserve a reasonable amount against your credit/debit card at the time of rental in addition to estimated charges. You will pay us on or before the conclusion of this rental or on demand all charges shown on the face of this Agreement, plus: (a) a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) fuel and refueling charge, if you return the vehicle with less fuel than when rented; (d) all costs including attorneys’ fees before and after judgment, we incur collecting payment from you or enforcing or defending our rights under this Agreement; (e) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after the rental concludes; (f) $50 or the maximum amount allowed by law, whichever is greater, if you pay us with a returned check for any reason; and (g) a reasonable fee not to exceed USD 350 to clean the Vehicle if returned substantially less clean than when rented or a fee of USD 250 for smoking inside the vehicle. All charges are subject to our final audit. If errors in the calculation of the charges are discovered after the close of this transaction, you authorize us to correct the charges with your credit/debit card issuer.
We may use your deposit to pay all amounts owed to us under this agreement. To be able to make the separation of the car, a minimum deposit of USD 100 or full payment is required.
In case of cancellation, you may contact us within a maximum of 72 hours before starting your trip and we will proceed to refund the full amount within a maximum period of 10 business days, time that does not depend on us, but on the banking entity.
If you contact us after 72 hours to start your reservation, it will remain active and the USD 100 deposit made to maintain the availability of the vehicle will be charged.
At the time of starting your journey and after the initial delivery, a security deposit will be retained or charged for a specific amount depending on the type of vehicle rented and will be returned to you, within a maximum of 10 business days, upon confirming that the vehicle does not have any type of fines, that electronic tolls have been 100% paid, and in general, verifying the condition of the car.
The deposit amounts are described as follows: For vehicles in the sedan and Dodge Journey truck category, USD 250; for trucks such as the Jeep Grand Cherokee, USD 300; for Dodge Challenger sports cars, USD 300; for Nissan GTR sports cars USD 1,500 and for Ferrari sports cars USD 4,000.
10. Your Property
You release us, our agents, and employees from all claims for loss and damage to your personal property or that of another person, which we receive, handle, or store, or that was left transported in or on the vehicle or in a service vehicle or in our offices.
11. Breach of Agreement
The acts listed in paragraph 5 above are prohibited uses of the vehicle and breaches of this agreement. We waive all remedies against us for criminal charges or prosecutions we bring against you arising from your breach of this agreement.
No term of this agreement may be waived or modified except in writing signed by us. If you wish to extend the rental period, you must return the vehicle to our rental office or designated point for inspection and our written amendment of the expiration date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
Our waiver of a breach of this agreement is not a waiver of any subsequent breach or a waiver of enforcement of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to enforce any of our rights under this Agreement does not waive our right to enforce any of our rights in the future.
14. Geographic Limitations
You may use the vehicle solely and exclusively within the state of Florida. If we detect that the vehicle has been used outside of state limits, we may electronically disable the vehicle and recover it at your expense. Our cars use tracking devices that record their geographic location. Taking the vehicle outside of the state of Florida or its limits will be considered a breach of contract and you will be charged an initial fine of USD 2,000 plus vehicle recovery expenses.
In order to offer you car rental services, we need to verify your personal data (name, last name, date of birth, phone number, email address, country of residence) and reservation-related information in order to provide you with the rental services you have requested. We will use your email address to send you a confirmation of your reservation. We will use your phone number and email address to clarify any issues related to your reservation and to communicate with you in the manner you choose before making the reservation if you have questions about our services. Legal basis for data processing for reservations: processing is necessary for the contract in which you are a contracting party (vehicle rental contract), or to take action at your request prior to entering into the contract.
In what cases and to whom do we disclose your personal data? We will transfer your personal data to the rental service provider so that it can provide you with the rental services requested. We may transfer your data to data recipients who help us provide you with the services. These individuals may be database software providers, database management services, data center maintenance and cloud computing service providers, direct marketing service providers or market research or business intelligence service providers. In each case, we only provide data controllers with the amount of data necessary to perform a particular task or provide specific services. Our data controllers may only process your personal data in accordance with our instructions and may not use it for any other purpose or transfer it to others without our consent. In addition, they have an obligation to ensure the protection of your data in accordance with the requirements of applicable laws and regulations and the written agreement with us, which, among other things, requires the secure storage of data.
Data may also be transmitted to competent authorities or law enforcement authorities, such as the police or control authorities, but only in response to their requests and only if necessary in accordance with applicable laws and regulations, in the cases and according to the procedure specified by regulatory acts.