OTHER TERMS AND CONDITIONS OF RENTAL CONTRACT
1. The Renter agrees to release TruCar from and indemnify it against any loss, cost or damages and/or liability arising out of the use or operation of the vehicle, except as stated in this Contract.
2. The Renter acknowledges that the vehicle is the property of TruCar and was received by the Renter in good mechanical condition. The Renter will return the vehicle to TruCar together with all tires, tools, accessories and equipment, in the same condition as when received, ordinary wear and tear excepted, on the date specified on the front of the agreement, or sooner if demanded by TruCar. The Renter agrees to pay TruCar an appropriate cleaning charge if the Renter returns the vehicle in an excessively dirty or soiled condition, including, but not limited to, the interior, exterior and undercarriage.
3. TruCar may terminate this agreement and repossess the vehicle at any time or place, regardless of any other term of this agreement. If the Renter has given to TruCar a false or fictitious name, address or business affiliation, or, fails to return the vehicle to TruCar on the date specified, or within 48 hours following demand by TruCar, the Renter shall be conclusively presumed to be in unlawful possession of the vehicle. In these circumstances, TruCar may undertake all lawful steps to recover the vehicle, including, but not limited to, reporting the vehicle stolen to police. The Renter hereby releases and discharges TruCar from any claims whatsoever relating to any alleged false arrest, false imprisonment, assault, defamation of character, malicious prosecution or similar claim arising from TruCar’s efforts to recover the vehicle. The Renter agrees to pay on demand all costs, including reasonable legal fees incurred by TruCar to recover the vehicle.
4. The Vehicle must be returned to the agreed upon location as specified on the front of the agreement. If the Vehicle is returned at a different location, the Renter is subject to additional fees for retrieval of the Vehicle. Vehicles dropped off after closing time or at an off-site location are done so at the renter’s risk and the renter is solely responsible for any loss or damage to the vehicle however incurred and regardless of fault until TruCar inspects and accepts the vehicle condition.
5. The Renter agrees that the vehicle shall not be used, operated or driven:
a) In violation of any terms and conditions of the agreement;
b) by any person except the Renter or additional driver(s) as shown on the front of the agreement;
c) by the Renter or any other person who is under the influence of intoxicants or narcotics. The refusal to perform any test of impairment when lawfully requested to do so shall be considered evidence of such impairment. Any conviction of the Renter or additional driver under the provisions of the Criminal Code of Canada Section 253, 254 or 255 shall be deemed to be conclusive proof of a breach of this term of the agreement;
d) in violation of any of the provisions of the Criminal Code of Canada or for any illegal purpose;
e) for the purpose of towing or propelling any trailer or other vehicle (except a trailer supplied by or authorized by TruCar);
f) by any person who has given TruCar a fictitious, false or fraudulent name or address;
g) by anyone who fails or refuses to provide the name of their automobile insurer, broker or agent (if applicable) or fails or refuses to provide particulars of any policies of insurance which might provide indemnity to the Renter or authorized driver, or by anyone who provides inaccurate or misleading insurance information;
h) outside the province of Saskatchewan or Alberta unless authorized in writing by TruCar;
i) by a person who should suspect the further use of the vehicle would cause it damage;
j) in any race, speed test or contest, training activity or in a reckless or abusive manner;
k) off road, in or through any area to which the general public is not ordinarily entitled or permitted to use for the passage or parking of vehicles;
l) to carry more people in the vehicle than the number of seatbelts provided.
6. a) The Renter is responsible for and will reimburse TruCar on demand for all loss or damage to the vehicle or its tires, tools, accessories and equipment, including a sum equal to the daily rental rate as shown on the front of the agreement based on a rate of 1 day for every 8 hours of labour required to complete repairs.
b) If the Renter accepts the Loss Damage Waiver and agrees to pay TruCar the amount per day stated on the front of the agreement, TruCar waives its right to hold the Renter responsible for any loss or damage, which exceeds the current maximum deductible as stated on the front of the agreement. However, regardless of this provision, or any other term or condition of this agreement, the Renter shall be responsible for all loss or damage referred to in paragraph 6(a) if the vehicle was used, operated or driven in violation of any of the terms and conditions of this agreement.
7. TruCar shall not be liable for loss or damage to any property left, stored, located in or upon or transported in the vehicle by the Renter or any other person, either before or after the return of the vehicle to TruCar. The Renter hereby assumes all risk of such loss or damage, waives all claims against TruCar in this respect, and agrees to defend and indemnify TruCar against all claims arising out of such loss or damage.
8. The Renter shall pay TruCar on demand all time, mileage, service or other charges incurred at the rates in effect on the date of this Contract. If the Renter has indicated a company or other party will pay the charges under the agreement and payment is not made promptly, the Renter shall personally pay all unpaid charges upon demand.
9. The Renter shall be solely liable and responsible for all fines, penalties and forfeitures imposed for parking or traffic violations, or other criminal or statutory offenses, while the vehicle is used pursuant to this Contract. The Renter agrees to pay TruCar all monies, including reasonable legal fees and costs incurred by TruCar, relating to any such fines, penalties or forfeitures.
10. The vehicle is covered by an automobile liability insurance policy as required by provincial law. The policy requires the Renter or the driver of the vehicle to deliver immediately to TruCar or to the insurer, every demand, notice, summons, pleading or proceeding received in connection with any accident or occurrence involving the vehicle. The policy further requires the Renter and/or driver to cooperate with TruCar and the insurer in the investigation and defense of any claim or suit, and requires that neither do anything after loss to prejudice the insurer’s rights with respect to investigation, defence, settlement or subrogation.
11. Renter shall report any collision, theft or vandalism involving the vehicle to the police, shall provide a copy of the police report to TruCar, and shall complete a written report at the TruCar office as soon as possible, and in any event, within 24 hours. In addition, if not already provided, and in any event within 24 hours, the Renter shall provide particulars of any policy of insurance which might provide indemnity to the Renter or authorized driver.
12. The vehicle shall not be left unattended unless the windows have been closed, the doors and trunk locked and the ignition key removed. If the vehicle is missing or stolen and the renter does not have the keys to return to TruCar, for whatever reason, the Renter is solely responsible for loss of the vehicle or any damages to the vehicle as outlined in paragraph 6(a).
13. If the Renter violates any of the terms of this Contract, the Renter shall pay to TruCar on demand all expenses incurred by TruCar to enforce the contract by court action, including reasonable legal fees.