VOLT Rent A Car - Rental Agreement Terms and Conditions
THESE TERMS AND CONSITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHILE RENTING THE CAR, AND WHICH MAY BE SIGNED BY YOU ELECTRONICALLY, WHICH YOU AGREE SHALL BE TREATED AS ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT FOR THE RENTAL OF THE VEHICLE INDENTIFIED ON THE RENTAL RECORD, THIS INCLUDES ALL OF THE VEHICLE’S PARTS. THIS RENTAL AGREEMENT IS BETWEEN YOU AND VOLT RENT A CAR, LLC (“VOLT”)
1. The Rental Agreement. These Rental Terms and Conditions, the rental document you receive when you are given access to the car you are renting (the "Rental Contract") any additional agreement signed by you, any documents or agreements (or links to on-line documents or agreements) sent to you electronically in connection with your rental), the Privacy Notice, and the return receipt or record (the "Rental Receipt") with computed rental charges together constitute the "Rental Agreement" between you and Volt.
2. Your Rental. You rent from Volt the car described on the Rental Contract, which rental is solely a transfer of possession and not of ownership. You are not Volt’s agent for any purpose; and you cannot assign delegate or transfer your obligations under the Rental Agreement and any discrete part thereof.
3. Changes. Any change in the Rental Agreement or Volt’s rights must be in writing and signed by an authorized Volt officer. No other agreements are valid.
4. Who May Drive The Car. You represent to Volt that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. Except where otherwise specifically authorized by applicable law, only you may drive the car. You will remain financially responsible under the Rental Agreement at all times even if the car is operated by a Permitted Driver or someone other than yourself.
5. Return of the Car. You agree to return the car to Volt in the same condition you received it, allowed mileage and ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. If there is any damage to the car whatsoever for any reason, you will be responsible to pay Volt for all costs of repair. If you do not return the car to the same location you may be subject to criminal penalties and all costs incurred by Volt in order to recover the car.
6. Rental Charges. You will pay Volt for the number of miles you drive and the period of time you rent the car at the rate indicated on the Rental Contract. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the Rental Contract, plus mileage or a fixed fee. We will determine the miles by reading the factory-installed odometer or utilize the vehicle's telematics device. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. You’ll pay all charges that apply to the rental for tolls, fines, parking tickets, miscellaneous services and airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.
13. Fines, Expenses, Costs and Administrative Fees. You will pay or reimburse Volt for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such as for repossessing or recovering the car for any reason. You will pay or reimburse Volt, in Volt’s sole discretion, all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authorities.
You will also pay a reasonable fee for cleaning the car if any stains, dirt, odor, or soiling attributable to your use cannot be cleaned with Volt’s standard post-rental procedures as determined by Volt in Volt’s sole discretion.
If the key(s) or key fob(s) are not returned with the car, you may be charged additional fees.
You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges.
7. Taxes, Surcharges & Fees. You’ll also pay all applicable taxes as well as any additional charges provided on the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.
8. Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Contract, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, or the deposit amount indicated on signs at the location at which you rent the car at the time of rental.
9. Repossessing the Car. We can repossess the car at any time in Volt’s sole discretion for reasons that include but are not limited to the following: the car is found illegally parked, there are unpaid charges due to Volt, the car being used to violate the law or the terms of the Rental Agreement or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for Volt’s benefit any other devices connected to the car or affecting the car's operation. If the car is repossessed, you agree to pay or reimburse Volt for the actual and reasonable costs incurred by Volt to repossess the car. You agree that such costs will be charged to the credit or debit card or account you used to rent the car.
10. Damage to/Loss of the Car. If the car is lost or damaged including loss or damage through no fault of yours, or damaged as a result of an act of nature, you are responsible and you will pay Volt for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay Volt’s estimated repair cost, or if, in Volt’s sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds. You authorize Volt to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay Volt the car’s fair market value before it was stolen. As part of Volt’s loss, you’ll also pay for loss of use of the car, without regard to Volt’s fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance you authorize Volt to contact the benefit provider directly on your behalf and you assign all of your benefits directly to Volt to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect Volt’s loss from a third party after we have collected Volt’s loss from you, we will refund the difference, if any, between what you paid Volt and what we collected from the third party. You understand that you are not authorized to repair or have the car repaired without Volt’s express prior written consent. If you repair or have the car repaired without Volt’s consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired and the cost of repair is Volt’s responsibility, we will reimburse you for those repairs only if you give Volt the repair receipt. Volt’s right to recover its losses apply whether the car is owned by a party who has leased or provided the car to Volt.
11. Prohibited Use of the Car. Certain uses of the car and other actions you or a driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS INSURANCE, AND ANY ROADSIDE ASSISTANCE PLAN. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS' FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
A. You use or permit the car to be used: 1) by anyone other than an authorized driver; 2) to carry passengers or property for hire or more passengers than the car has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Substance Act or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime such as a felony or misdemeanor; 7) recklessly or carelessly; 8) while overloaded; 9) outside the state of New Mexico; 10) while texting or using a cellular telephone; or 11) for smoking or vaping.
12. Fuel Service Charge. If applicable please return the vehicle fully charged and/or with a full fuel tank, if you fail to do so you will be charged the cost to Volt of filling the fuel tank or charging the car’s battery.
13. Liability Protection. Anyone driving the car who is permitted to drive it by the Rental Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Except where required by law to be primary or excess, any protection provided by Volt shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by the Rental Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by the Rental Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply.
Volt will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Rental Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in Mexico, and the car may not be taken into Mexico under any circumstances, unless special arrangements are made at the renting location for separate Mexican insurance, where such insurance is available.
14. Indemnification and Waiver. You shall defend, indemnify, and hold Volt, Volt’s parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by Volt in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to Volt for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
15. Property. Volt is not responsible for loss of, theft, or damage to your property.
16. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and receive a refund for any overcharges.
17. Collections. If you do not pay all amounts due to Volt under the Rental Agreement including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car and any other charges under this Rental Agreement. You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”).
18. No liability to Volt. Volt and its agents and employees shall not be liable for any loss, injury or damage to you or any passenger of the car for any reason, including but not limited to the failure of the car to drive or function, the car’s mechanical breakdown, or the car’s loss of battery power. In the event you or any passenger asserts a claim against Volt or its agents or employees, any allowed recovery shall be limited to the amount paid to Volt under this Rental Agreement.
19. Arbitration. All disputes between you and Volt arising out of, relating to or in connection with your rental of a car from Volt and the Rental Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then-current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to a jury trial. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. 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 car related to your Volt rental, are exempt from the foregoing dispute resolution provision. All claims will be subject to the laws of the State of New Mexico.
Customer hereby declines Insurance from Volt Rent A Car in favor of Insurance coverage through His / Her Personal Insurance Policy.