Mia Luxury Cars and Lou La Vie Terms and Conditions Sheet
1. The Renter(s) understands that FanScreens has built this website for marketing purposes. The rental agreement is between Lou La Vie and the Renter(s). This Hold Harmless and Indemnification Agreement, hereinafter "Agreement" is entered into Renter(s), Lou La Vie and between Oslo, Inc DBA FanScreens. For valuable consideration, the receipt of which is hereby acknowledged, Renter(s), Lou La Vie, and Oslo, Inc. DBA FanScreens agree as follow:
A. Renter(s) and Lou La Vie shall indemnify and hold harmless Oslo, Inc. DBA FanScreens from any and all claims, actions, and judgments, including all costs of defense and attorney's fees incurred in defending against same, arising from and related to Renter(s) luxury car rental agreement.
B. In the event either party files suit in a court of law to interpret or to enforce the terms of this Agreement, the party prevailing in such action shall be entitled, in addition to any legal fees incurred in defending against any third party claims, to its reasonable legal fees and costs incurred in such action to interpret or to enforce the terms of this Agreement.
C. This Agreement shall be interpreted under the laws of the state Florida.
2. Definitions. "Agreement" consists of all terms and conditions found on both sides of this form, any addenda and additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this Agreement, and Authorized Renter and any person or organization to whom charges are billed by us at its or the renter's discretion. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "us" or "our" means the Vehicle owner/ lessor referred to on Page 1 of this Agreement. "Authorized Renter(s)" means you, the renter's spouse, and any additional renter(s) who have signed this Agreement and any other drivers authorized by the law of the state where the vehicle is rented, provided that person has a valid driver’s license and is at least 22 years of age, unless the law of the state where the Vehicle is rented requires otherwise. “Vehicle” includes the automobile identified in this Agreement and any substitute and all its tires, tools, accessories, equipment, keys, and vehicle documents. “CDW” means Collision Damage Warranty. “Collision damage” means all damage to, or loss of, the Vehicle caused by collision or upset; in does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire. “Loss of use” means the amount calculated by multiplying the number of days/ weeks/ months from the date of damage to the Vehicle until it is repaired times the periodic rental rate shown on Page 1.
3. Our Property. This Agreement is a contract for the rental of the Vehicle. You are not our agent. You acquire no rights other then those expressly stated in this Agreement. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT, REFERRING TO THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. We may repossess 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 waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of contract.
4. RENTER’S THIRD-PARTY LIABILITY RESPONSIBILITY. I agree that I and /or My insurance company will be responsible for handling, defending, and paying all third-party claims for bodily injury, death, or property damage caused by or arising from the use or operation of the Car in an amount at lest sufficient to satisfy applicable responsibility or other insurance laws. I AND ANY ADDITIONAL RENTER(S) INDEMNIFY AND HOLD YOU HARMLESS FROM AND AGAINST, AND WILL DEFEND YOU AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE ANY THIRD- PARTY LIABILITY PROTECTION COVERING THIS RENTAL EXCEPT AS MAY BE PROVIDED IN OPTIONAL SUPPLEMENTAL LIABILITY INSURANCE (WHERE AVAILABLE). Where You are required by law to provide third party protection in spite of the terms of this Rental Agreement, it shall be secondary over any coverage provided Me or any Additional Renter(s) under all other policies, and, of so imposed shall only provide such protection in excess of all other coverage in an amount necessary to satisfy the minimum protection required by applicable law or statute. In the event of an accident, I will provide proof of financial responsibility as required by the state in which the accident occurs. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE “UNINSURED” OR “UNDERINSURED” MOTORIST OR MOTOR VEHICLE COVERAGE OR SUPPLEMENTARY “NO FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THIS RENTAL AND YOU AND I HEREBY REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION.
5. Breach of Agreement. If you violate the terms of this Agreement, including those listed in paragraph 3, above, and any unauthorized use of the vehicle, you will be liable for all damage to, including loss of use of the vehicle. Any breach of the agreement also voids any insurance coverage. Giving the vehicle to an unauthorized driver also terminates out liability insurance coverage if any.
6. Condition and Return of Vehicle. Renter must return the vehicle to our rental office at date and time specified. The vehicle remains subject to the terms and conditions of this agreement until it has been accepted and inspected by us. If renter returns vehicle after hours, renter is still responsible for any damage to the vehicle until is has been inspected and accepted by us on the next business day, including theft. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain fluid levels and will pay for all damage to the vehicle due to driving with low fluid levels.
7. Responsibility for Damage or Loss. If you do not accept and pay for CDW, or if CDW, is voided, you are responsible, and will pay us on demand, for all missing equipment, damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the vehicle’s value caused by damage to it or repair of it, and al administrative costs we incur due to damage to, or loss of, the Vehicle, for which we are entitled by law to recover, regardless or not whether you are at fault. If you accept and pay for this CDW, and if CDW, is not voided, your liability for collision damage will be limited to the amount on page 1 of this Agreement; you will still be responsible for all missing equipment and damage to, or loss of, the Vehicle, other than collision damage, which we are entitled by law to recover.
8. Insurance. Renter agrees to maintain automobile insurance during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a. Bodily injury or property damage liability coverage; b. Personal injury protection, no-fault or similar coverage where required c. Uninsured / underinsured coverage where required d. Comprehensive and collision damage coverage extending to the rental vehicle.
Renter’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because renter is providing automobile insurance we are not. In states where the law requires us to provide insurance we will provide excess insurance only, up to the minimum limits only required by the financial responsibility laws. The renter’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Renter agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States and Canada. Renter must obtain special permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law renter rejects uninsured, underinsured, supplemental, personal injury protection, and no fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law.
9. Charges. You will pay us on demand for: (a) time and mileage for the period in which you kept the Vehicle, plus our computation of actual mileage if the odometer or its seal is tampered with; (b) CDW, when we are allowed to by law to offer it and you accept it; (c) gasoline if you return the Vehicle with less gasoline then rented; (d) applicable sales, use and other taxes; (e) the loss of, or damage to, the Vehicle which includes the cost of repair or the retail value of the Vehicle based on any valuation method accepted by the auto insurance industry on the date of the loss, if the Vehicle is not repair able, plus loss of use, diminution of the Vehicle’s value cause by damage to it or repair of it, and any admin- istrative fees, where allowed by law; (f ) all fines, penalties, forfeitures, court costs towing charges, and other expenses involving the Vehicle assessed against us during your rental, unless these expenses are our fault; (g) all expenses we incur locating and recovering the Vehicle, if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre and post-judgment attorney fees, we incur collecting payment due from you or otherwise enforcing our rights under this Agreement; (i) 1.5 % per month interest, or the maximum amount allowed by laws of the state where the Vehicle is rented, for monies due us but not paid upon return of the Vehicle; and (j) $2/mile for every mile between the renting location and the place where the Vehicle was returned or abandoned.
10. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
11. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damages was by our negligence.
12. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment of due-in date.
13. Miscellaneous. No waiver by us if this Agreement will constitute 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 will not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is deemed void or unen- forceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.
14. Examination Under Oath(EUO). Renter, additional renter, and any other drivers or passengers must submit to an examination under oath (EUO) to help with the investigation of any claim or accident at the request of the insurance company.
15. By entering into this rental agreement you may be liable for damage, loss, or loss of use to the rental vehicle. Where allowed by law, this contract offers, for an additional charge a collision damage warranty (CDW) to cover all or part of your responsibility for damage to the rental vehicle. Before deciding whether to purchase the collision damage warranty, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for damage or loss to the rental vehicle and the amount of any deductibles that may apply. Certain exclusions, terms and limitations may apply and are listed below. The purchase of this collision damage warranty is not mandatory and may be waived. This collision damage warranty is not insurance.
The purchase of CDW protection will cover damage of the vehicle up to $15,000. The renter understands and agrees that he/ she is ultimately responsible for any damage incurred above the $15,000 protection purchased.
If you accept CDW at the time of the rental, you must pay for it when you return the Vehicle or when the rental is terminated in order for it to be effective. CDW covers only collision damage, unless otherwise required by the laws of the state where the rental occurs.
Maryland rentals: “Maryland law requires that all Maryland residents’ insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.”
Minnesota rentals: “Under Minnesota Law, a personal automobile insurance policy issued in Minnesota must cover the rental of this motor vehicle against damage to the vehicle and against loss of use of the vehicle. Therefore, purchase of and P.D.W. or similar insurance effected in this rental contract is not necessary if your policy was issued in Minnesota.”
Texas rentals: “The Texas personal automobile insurance policy provides coverage for the legal liabilities of the policy-holder in connection with the loss of or damage to a rented vehicle except for damages caused intentionally. Therefore it may not be necessary for you to purchase a collision damage warranty.”
You will breech the terms of this agreement and void CDW if:
a) you fail to call the police to the scene of an accident;
b) you fail to report all accidents to us and the police within 24 hours of occurrence or discovery;
c) you fail to pay all rental charges when the Vehicle is returned or the rental is terminated;
d) the Vehicle is driven or used in an unauthorized manner such as:
1) by anyone who is not an authorized driver with or without the renter’s permission, or by anyone whose driving license is suspended in any jurisdiction;
2) by anyone under the influence of drugs or alcohol;
3) by anyone who obtained the Vehicle by fraud or misrepresentation;
4) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law;
5) to carry persons or property for hire;
6) to push or tow anything;
7) in any race, speed test or contest;
8) to teach anyone to drive;
9) for carrying dangerous items or contraband;
10) outside the United States or Canada;
11) when loaded beyond its capacity
12) on unpaved roads;
13) to transport more passengers than the number of seat belts, or to carry persons outside the passenger compartment;
14) to transport children without approved child safety seats as required by law; or
15) when the odometer or its seal has been tampered with; or
e) you commit a wanton or reckless act with the vehicle, such as by giving the vehicle to a person not authorized by law or by this agreement. By initialing below, you have acknowledged that you received and understood this notice before signing the Rental Agreement.
The vehicles may not be used:
1) By anyone not licensed to drive or if their Driver's License has been suspended or restricted
2) For any illegal purpose or in connection with any illegal activity
3) To carry persons or property for hire
4) To push or tow anything
5) To exceed any posted speed limits
6) Reckless driving or in any speed test, speed contest, race, rally, speed endurance contest, demonstration, or on or near any racetrack or road course.
7) To teach anyone to drive
8) On any unpaved surface
9) Engine over-revving and engine misuse will be charged at a minimum of $500 per occurrence or more. If engine failure occurs due to
over-revving, customer will be charged with the costs of engine replacement or repair (over-revving is monitored by the car's computer system or ECU).
LLV reserves the right to remotely disable and retrieve the vehicle. Customers will lose and forfeit their entire rental deposit in this case.
Insurance: Due to the types of vehicles LLV rents and the nature of the insurance industry, all renters must carry their own liability and physical damage policies. This must be verified with the insurance company prior to the rental.
International Renters: Vehicles are available to international visitors with a valid passport and driver's license from the home country. An increased security deposit will apply in this instance
Additional Drivers: Additional drivers may be listed as authorized drivers for the rental duration. Each additional driver must complete a rental application and pay the applicable fee.
Payment Methods: VISA, Master Card, American Express and Discover are the preferred method of payment for rental fees and security deposits. In certain cases, official bank checks or cash may be accepted if pre-arranged. Personal & business checks are not accepted.
Mileage: Please revert to page 1 of the contract to view included daily mileage. Each additional mile is billed at $3.00 per mile.
Security Deposit: All renters are required to pay a security deposit at the time of rental. Forms of payment for the security deposit include: credit card authorization, cash, or refundable official bank check. If using a credit card, the physical credit card must be present at the time of the rental as an imprint will be taken of the card. LLV reserves the right to notify renters of any and all damages to the rental vehicle anytime up to two (2) weeks after the return of the rental vehicle. Any damage present on the vehicle upon return will be billed against the security deposit. The amount of this deposit varies and depends on the vehicle being rented. Security deposits will be disclosed at time of rental. If the vehicle rented has sustained damage due to an accident or neglect, the renter and their insurance company will be held responsible for all repairs, diminished value and payment of loss of use while the vehicle is inoperable.
Tickets: The renter is responsible for paying all parking, traffic, speeding or other tickets or violations issued while the vehicle is being rented. Renter must pay for any fees, penalties, towing charges, or impound costs.
Delivery / Pick-up: If you choose to pick up your rental vehicle at our Miami office, we offer free parking for your own car for the duration of your rental. Please note: All pick-up & delivery arrangements must be confirmed at least 24 hours in advance in order to guarantee on-time service. Any changes to pick-up or delivery times/locations with less than 24 hours notice will incur an additional transportation fee.
Customer’s vehicles must be picked up at time of rental return. If you choose to have the car delivered to your location of choice, a delivery fee will apply. Please inquire within for more details.
Return Times: Return times are set at the time the vehicle is delivered to or picked up by the customer. Once a return time has been estab- lished, it cannot be changed less than 24 hours before the end of the rental duration. We do allow a 1-hour grace period with your scheduled return time, after which you will be subject to additional daily rental fees. Late Fees range from $100/hour to $400/hour and depend on the vehicle. Please contact LLV directly for information on late fee rates. If the vehicle is returned 12 hours late or longer, LLV will be forced to charge a full day rate unless arrangements have been made 24 hours before the scheduled vehicle return time.
Cancellation Policy: When a reservation is made, LLV may authorize your credit card for 50% of the total rental cost or $600 (whichever is greater). In the event of a cancelled or rescheduled rental, LLV will process the charge as a "store credit" and apply the amount toward the rescheduled rental. If the cancellation or reschedule is made less than 7 days before the rental, a cancellation fee of 50% of the total rental cost or $600 (whichever is greater) will be charged. If a cancellation or reschedule is made less than 72 hours before the rental (or are a no-show at the time of rental) a cancellation fee of 100% of the total rental cost will be charged. At LLV’s sole discretion, cancellation fees may be waived for special circumstances (severe weather, etc.)
Fuel Surcharge: There is no refueling charge -- vehicles can be returned full, empty, or anywhere in between unless otherwise noted in this contract. However, when you do gas up, all vehicles must be refueled with Premium grade (93+ octane) gasoline. There is a $500 fee for filling up with a lesser grade. Both the Cadillac Escalade and Mercedes G55 must be returned with the same amount of fuel they were delivered with. A charge of $5/Gallon will be assessed. We do not offer refunds on fuel purchased by the renter.
Refunds: Refunds are not offered for vehicle rentals or gift certificates. However, LLV’s goal is customer satisfaction and a positive rental experience. Therefore, in certain situations, LLV may offer a credit for additional rental days. This is at LLV’s sole discretion. In the event of an unforeseen mechanical failure during or prior to a rental, LLV will make every effort to repair the vehicle of choice. In some instances, LLV will be required to replace the vehicle with a similar or better model at no additional cost to you. If LLV cannot replace the vehicle, a refund of the remainder of the rental with a minimum charge of 1 day will be provided. The 1st rental day will not be refunded in any situation.
Driving Area Restrictions: Vehicles rented from our South Florida office may not be driven outside the state of Florida without prior written approval.
Early Rental Return: The majority of Lou La Vie’s rentals are made in advance. When a customer reserves a vehicle for a specific date and time, it causes the vehicle to be unavailable for others to rent during that time frame. If a vehicle is returned before the rental expiration date, no refunds will be issued. Lou La Vie will not be able to rent the vehicle to another customer in such short notice.
Partial Invalidity: In the event that any of the terms, covenants or conditions contained in this contract is held to be invalid, then any such invalidity shall not affect any other term, covenant or condition contained herein which shall remain in full force and effect, unless such term, covenant or condition is material to the intent of this contract.
Disputes of Fees: In the event that a dispute, action, special proceeding, or litigation is brought to enforce or interpret any of the provisions of this contract, the prevailing party shall be entitled to recover his/her attorneys' fees, expenses and costs actually incurred. In the event of a dispute over any term, covenant, or condition contained herein, including without limitation disputes over liability for damages to the rental vehicle, LLV reserves the right to retain the security deposit until the resolution of the dispute.Without limiting the foregoing, this provision applies in the event that a renter disputes any charges incurred under this contract, including without limitation, charges related to damages found on the vehicle upon return and/or amounts withheld from the security deposit for any reason. All recovered, attorneys' fees, expenses, costs actually incurred, and disputed funds shall include interest at the greater of 10% per annum or the maximum legal rate in the state of Florida.
Indemnity and Hold Harmless: All renters under this contract agree to indemnify, defend, and hold LLV harmless from all losses, costs, claims, damages, penalties, liabilities, causes of action, judgments, court costs, travel expenses, loss of income, attorney fees and other legal expenses, (collectively, "Expenses"), that LLV may suffer or incur and that directly or indirectly arise out of or are in any way connected with the contract. All renters also hereby agree to release, waive, and discharge, LLV from any and all liabilities, claims, demands, actions, and causes of action whatsoever, including without limitation those brought by 3rd parties, arising out of or relating to any loss, damage or injury in connection with any use of the vehicle. In executing this release, renters acknowledge that no oral representation, statements, or inducements, apart from the forgoing written agreement and any other contemporaneously executed agreements exchanged between the parties, have been made by LLV.
Waiver of Right to Jury Trial: In the event any dispute, action, special proceeding, or litigation is instituted to enforce, construe, or interpret this Agreement, in such action ALL PARTIES WAIVE THEIR RIGHT TO A JURY TRIAL.
By signing this box, I agree to comply with all listed terms and conditions contained in this contract. I also agree to comply with all conditions set forth in this contract as a whole.