Rental Policies

NOTICE:

Pursuant to Montana Code Annotation §45-6-309 you are hereby given notice that failure to return the Vehicle within 48 hours after the time stated on top of this page of this Agreement for return of the Vehicle, without notice to us and without our permission, may result in criminal prosecution for the offense of failure to return rented or leased personal property. In instances where value of the Vehicle exceeds $1,500, the penalty may include imprisonment for a period not to exceed 10 years.

TERMS AND CONDITIONS OF RENTAL

The following terms and conditions, together with all other terms and conditions contained on Page 1 or in addenda or other materials that we provide you at the time of rental, form the rental agreement (“Agreement”). This Agreement is between the person signing it or otherwise indicating assent as the Vehicle renter (“you,” “your” or “yours”) and Journey Rentacar, LLC, a Montana limited liability company (“we,” “us,” or “our”). We hereby rent to you the motor vehicle (or its replacement) described in this Agreement together with tires, tools, equipment, accessories, plates, and vehicle documents (collectively the “Vehicle”), subject to the terms and conditions of this Agreement.

1. (a) The Vehicle shall be operated only by an Authorized Driver. “Authorized Driver” means you, your spouse, and any person listed in this Agreement as an additional driver. If you rent from us under your employer’s corporate account agreement your employer or a coworker incidental to business duties may drive the Vehicle, but only with your prior permission. Unless otherwise specifically authorized in this Agreement, all other drivers must be at least 25 years of age. (b) You represent that you and all other Authorized Drivers are capable and validly licensed drivers. You agree that we have the right, but not the obligation, to verify that the license of each Authorized Driver has been validly issued and is in good standing and that we may refuse to rent to you if any such license has been suspended, revoked, otherwise restricted in any way, or if the driving record of any Authorized Driver is unsatisfactory to us.
2. Beginning of Rental. The rental begins on the date and time noted on Page 1 of this Agreement. If there is no such notation, the rental begins when you take possession of the Vehicle’s keys.
3. (a) You agree to return the Vehicle to our location at 157 Progressive Dr, Suite F, Belgrade, Montana, in the same condition you received it, ordinary wear and tear excepted, on the due date and at the time specified in this Agreement. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You may not return the Vehicle at a time when we are closed. If you do, your responsibility for damage to or loss of the Vehicle will continue and all charges stated on the Agreement as a periodic rate will continue to accrue until we reopen and retake actual possession of the Vehicle. (b) If you wish to extend the term of any rental you must telephone us at (406) 551-2277 to request it before your return date. We may or may not grant an extension or decline to grant it for the entire period you request in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period, and a service fee may also apply. (c) We may repossess the Vehicle anytime it is found illegally parked, being used to violate the law or this Agreement, or appears to be abandoned. We may also repossess the Vehicle anytime we discover you made a misrepresentation to obtain the Vehicle. You agree that we needn’t notify you in advance. If the Vehicle is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the Vehicle and agree that such costs will be charged to the card you used to rent the Vehicle.
4. Rental Charges. You will pay us for all time and mileage charges at the rates set forth on Page 1 of this Agreement. For those charges based on mileage, we will determine the miles by reading the Vehicle’s factory-installed odometer, and you agree not to tamper with the odometer in any way. Any daily charge period applies to consecutive 24-hour periods starting at the hour and minute the rental begins. If you fail to comply with any conditions for special rates specified on this Agreement our otherwise applicable rates will be charged. You will also pay a reasonable fee for cleaning the Vehicle’s interior upon return for excessive stains, dirt or soilage attributable to any Authorized Driver’s use.
5. Prohibited Uses of Vehicle. Certain uses of the Vehicle and other things you or a driver may do, or fail to do, will violate this Agreement. A violation of this section, which includes use of the vehicle by a person who is not an Authorized Driver, will automatically terminate your rental, void all liability protection and any optional services that you have accepted, including the loss damage waiver. It also makes you liable to us for all penalties, fines, forfeitures, liens and recovery and storage costs, including all related legal expenses, fees and costs. It is a violation of this Section if: (a)You use or permit the Vehicle to be used: (i) by anyone other than an Authorized Driver; (ii) to carry passengers or property for hire: (iii) to push anything; (iv) to tow any load heavier than the maximum load recommended by the Vehicle’s manufacturer; (v) in a test, race or contest; (vi) off road or on unpaved roads without our prior written permission; (vii) while the driver is under the influence of alcohol or a controlled substance; (viii) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; (ix) recklessly or while overloaded; (x) to transport any animal in the Vehicle unless authorized and additional charges are paid; or (x) outside of the United States. (b)You or an another driver, whether an Authorized Driver or not: (i) fail to report any damage to or loss of the Vehicle when it occurs, or when you learn of it, but, barring physical incapacity, in no event delayed more than 24 hours; (ii) fail to promptly provide us with a written accident/incident report or fail to cooperate fully with our investigation; (iii) obtained the Vehicle through fraud or misrepresentation; (iv) leave the Vehicle and fail to remove the keys or close and lock all doors, close all windows and the trunk and the Vehicle is stolen or vandalized; or (v) return the Vehicle after hours and the Vehicle is damaged, stolen or vandalized.
6. No Warranties. We make no warranties, express, implied or apparent regarding the Vehicle, including but not limited to warranties of merchantability or fitness of the Vehicle for a particular purpose.
7. Your Responsibility for Damage to or Loss of Vehicle. If you do not accept the loss damage waiver, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of Section 5, you are responsible and will pay us for all loss of or damage to the Vehicle regardless of cause, or who, or what caused it. If the Vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sale proceeds. As part of our loss, you’ll also pay for loss of use of the Vehicle, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). On our request, you will provide us with the name of your insurer and policy number, or if the insurance is provided by your card issuer, its insurer. You authorize us to process any or all of our Incidental Loss to the card you use to pay for the rental. You also authorize us to collect any or all or of our loss from any third party that is responsible for it. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party.
8. Repairs. You understand that you are not authorized to repair or have the Vehicle repaired without our prior written consent. If you repair or have the Vehicle repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental. If we authorize you to have the Vehicle repaired, we will reimburse you for those repairs only if you give us the repair receipt.
9. Insurance. We have procured a policy of automobile liability insurance which provides coverage or damages because of bodily injury or property damage caused by an accident and resulting from the use of the Vehicle by an Authorized Driver at the time of the loss (and not otherwise). The limits of liability available for payment of a loss that our policy covers is equal to the minimum requirements of any applicable state financial responsibility law or other similar law or statute. Unless required by law, the policy does not include no-fault, supplemental no-fault, uninsured/underinsured motorists coverage or other optional coverage. Where such coverage is required by law, our policy provides it at the minimum required limits. Unless otherwise required by law, our policy does not cover: (a) any obligation for which you or any driver of the Vehicle or the employer of either or any insurance carrier may be held liable under any worker’s compensation or disability benefits or similar law; (b) any obligation you or any driver assumes under any express or implied contract; (c) any loss occurring while the Vehicle is being used in violation of the terms and provisions of this Agreement; (d) medical payment required by persons sustaining injuries wile riding in or alighting from or getting into or on the Vehicle; (e) damage to any object towed by the Vehicle. You represent and warrant that you have a valid and collectible automobile liability insurance policy in effect that at least meets the financial responsibility laws of the State of Montana and that provides coverage for damage to the Vehicle and coverage for injury to others and their property. Except where required by law to be primary, any protection provided by our automobile liability policy will be secondary to that of your automobile liability insurance policy and any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. All the provision, limits, and exclusions in our automobile liability policy apply to you and to any person you permit to drive the Vehicle.
10. Indemnity. You agree to indemnify us, and our managers, members, employees, contractors, agents, and assigns (collectively “Indemnified Parties”) for any loss, liability and expense arising out of the use of the Vehicle that exceeds the limits of liability protection provided in this Agreement, or which results from any unauthorized use or prohibited operation of the Vehicle. You waive any claim against us for incidental, special or consequential damages in connection with the rental.
11. Fuel Service Charges. Most rentals come with a full tank of fuel, but that is not always the case. If you return the Vehicle with less fuel than was in it when you received it, we will charge you a fuel service charge at the applicable per-mile or per-gallon rate specified on Page 1 of this Agreement. You may avoid a fuel service charge if you return the Vehicle with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
12. Fines and Expenses. You will pay all charges, fines, penalties, court costs and recovery expenses for parking, traffic, toll and other violations, including storage liens and charges, plus an administrative fee, with respect to the use of the Vehicle while on rental to you, unless due solely to our fault.
13. Payment. You shall pay us on demand each of the following: (a) all rental charges, in accordance with Section 4 above, (including those applicable to optional or miscellaneous services and equipment), then in effect, plus applicable taxes, which apply to the Vehicle you rent for the period of the rental; (b) basic, minimum rate, service, and other charges shown on Page 1 of this Agreement; (c) fuel and a refueling charge as described in Section 11; (d) fines and expenses as described in Section 12, above; (e) charges for damage to the Vehicle in accordance with Section 7 above; and (f) collection expenses as described in Section 17 below. 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. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
14. Credit Card Billing. To the extent permitted by law, you authorize us to process one or more credit card vouchers in your name for payments due us under this Agreement. Your signature on this Agreement will be deemed to have been made on the applicable credit card voucher.
15. Errors in Charges. You understand that all charges are not final and are subject to your review and to recalculation. You’ll pay any undercharges and will receive a refund of any overcharges that we discover on review.
16. Lost or Damaged Property. We are not responsible for loss or damage to any personal property in or on the Vehicle, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You will be responsible to us for all claims by others for such loss or damage. You release us and the other Indemnified Parties from all claims of damage to or loss of your personal property or that of any other person.
17. Collections. All charges, fees, fines, and expenses, including payment for loss or damage to the Vehicle, are due at our demand. If you do not pay all charges within 30 days after the date they are due, you agree to pay a late charge equal to the lesser of 1.5% per month on the past due balance or the highest interest rate permitted by law. You will pay any collection costs, including a service charge for any check that is not honored by a financial institution and our reasonable attorney’s fees.
18. No Agency. You understand that the rental governed by this Agreement is solely a bailment for mutual benefit and that you are not our agent, servant or employee for any purpose.
19. Miscellaneous. You agree and understand that your obligations under this Agreement are personal and are not assignable or transferable by you. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement is not a waiver of any other provision of this Agreement. If any provision of this Agreement is held to be void or unenforceable and is stricken, all of the remaining provisions shall continue to be valid and binding, and the Agreement shall be reformed to replace the stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. This Agreement shall be governed exclusively by the laws prevailing in the State of Montana without reference to principles or laws relating to conflicts or choice of laws. Any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction sitting in Gallatin County, Montana.