Suburban Car Rental, LLC requires that all renters have a valid driver’s license and a major credit card in their own name when renting a vehicle. We do not accept Prepaid or Debit Cards. Renters must have proof of insurance coverage consisting of Liability, Comprehensive, and Collision coverage that will transfer to our rental vehicle. Unfortunately, WE DO NOT RENT to anyone under 25 Years of age. And Still We reserve the Right to Refuse Your Rental if the management is suspicious or cannot get enough security to protect our interest and our insurance company’s interest.
We accept the following credit cards: Visa, Mastercard, American Express, and Discover.
- Nature of This Agreement
- Who May Drive the Vehicle
- Vehicle Returns
- Responsibility for Loss or Damage to Vehicle
- Prohibited Uses of the Vehicle
- Payment of Charges
- Accidents, Theft, Vandalism & Claim Reporting
- Personal Property Indemnity and Limits on Liability
- Additional Terms and Conditions
- Liability Insurance and Identification
- Optional Insurance Products
- Power of Attorney
- Telematics Notice and Release
- Breach of Agreement
1. Nature of this Agreement.
This agreement (“Agreement”) is between the customer (“You”) and Suburban Car Rental LLC (“Lessor”). Lessor rents to You the vehicle (“Vehicle”) described on the first page of this Agreement and subject to the Terms and Conditions set forth herein and the written credit agreement entered into by and between Lessor and You. This Agreement is for rental of Vehicle only. You and the authorized driver (a) are not agents of Lessor, (b) may not service or repair the Vehicle without Lessor’s prior written approval. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The parties agree that K.S.A. 84-2a-1 01, et seq.–Uniform Commercial Code-Leases for Kansas shall apply to this agreement. You shall be deemed the Lessee in this Agreement.
2. Who May Drive the Vehicle.
Only You, or person(s) whom you designate to Lessor is authorized to drive and operate the Vehicle. No other person may drive or operate the Vehicle except for valet parking or in any emergency as permitted by law. All drivers must be at least 25 years of age (unless otherwise agreed in writing in advance) and have a valid driver’s license issued by a State or Federal authority. At Lessor’s reasonable discretion other qualifications may be in effect or imposed at the time and place of this rental agreement.
3. Vehicle Returns.
Vehicle is to be returned to the specified location by the date and time specified. There is no grace period on vehicle return. Any vehicle returned after the indicated return time will be charged to You at the maximum daily rate. You must return the vehicle in the same condition as when you received the Vehicle from the Lessor (normal wear and tear excepted) to Lessor’s address or other location designated by Lessor. IF YOU DO NOT RETURN THE VEHICLE AS REQUIRED, A REASONABLE CLEANING CHARGE, DROP CHARGE AND NEW RENTAL RATE MAY APPLY as determined by Lessor. Failure to return the Vehicle when due terminates Lessor’s permission for You to use the vehicle, and where permitted by law, terminates any insurance coverage provided with this agreement. Lessor and Lessor’s employees or agents may recover the Vehicle without demand at Your expense. If it is illegally parked, appears abandoned or is used or obtained in violation of law or this agreement, Lessor will not be liable to You or any authorized operator for damages resulting from such recovery.
4. Responsibility for Loss or Damage to Vehicle
(a) Regardless of loss arising from damage or other casualty. You are liable for all loss of or damage to the Vehicle less ordinary wear and tear.
(b) Your financial responsibility for damages to the Vehicle will not exceed the greater of i) the retail fair market value of the Vehicle, or (ii) the depreciated capitalized value of the Vehicle as determined by the manufacturer at the time of loss or damage; and under either alternative, less salvage value, plus actual towing, storage or impound fees, and where permitted by law, an administrative charge ($49 if less than $1,500 and $100 if $1,500 or greater) and an administrative charge for loss of use.
(c) If you purchase the Loss Damage Waiver (LOW) (which is not insurance) at the beginning of the rental and if the Vehicle is not used as prohibited in Paragraph 5 (a-f). Your responsibility for any loss to the Vehicle will not exceed the amount shown on the Rental Record, including any loss of use, towing, storage, impound and administrative charges.
5. Prohibited Uses of the Vehicle
Any prohibited use of the Vehicle shall be a material breach of this Agreement. If such breach causes Lessor to suffer consequential and/or incidental damages, then you EXPRESSLY AGREE be liable for such damages INCLUDING LESSOR’S ATTORNEY FEES AND COURT COSTS, and void any insurance coverage otherwise provided by and through Lessor. You, together with your agents, employees and authorized drivers shall not permit the Vehicle to be driven or operated:
a) By anyone while intoxicated or under the influence of illegal drugs
b) In connection with the intentional, willful or wanton misconduct in violation of civil or criminal law
c) To carry a person for hire
d) While committing or otherwise engaged in a crime, including a felony or misdemeanor
e) Use the Vehicle outside the territorial boundaries of the continental United States
f) If the Vehicle is obtained through fraudulent means or false pretenses
g) For any speed racing contests
h) Transportation of hazardous or explosive materials
i) Overloading the vehicle
j) Without the use of seat belts and all other safety measures
6. Payment of Charges
If you direct the charges to be billed to someone else or to a credit card, You warrant that You are authorized to do so. If you use a credit card to pay for charges, YOU AUTHORIZE LESSOR TO RESERVE CREDIT AND TO PROCESS AN APPROPRIATE VOUCHER WITH THE CARD ISSUER for all estimated charges at the time of the rental, for all additional charges at the completion of the rental, and for corrected charges upon audit and notification by Lessor, where permitted by law. If the person or organization You direct us to bill fails to pay the charges when due, You will promptly pay the charges on demand. Charges not paid when due or paid by a check that is returned to Lessor unpaid will be subject to a late payment fee and/or returned check charge. You will pay Lessor on demand all amounts incurred as a result of the rental transaction, including but not limited to the following:
a) All time and mileage charges as computed on the Rental Record with mileage determined by reading the Vehicle odometer.
b) All charges for taxes, permits, service and equipment, excessive wear and tear, lost keys or keys locked in the Vehicle and optional LDW or other insurance protects where purchased.
c) A refueling charge at the rate specified on the Rental Record, if you do not purchase fuel from Lessor at the beginning of Your rental (Fuel Purchase Option) and You return the Vehicle with less fuel than when you received it. The rental rate does not include fuel.
d) Your rental includes 250 miles per day. You will be charged 35 cents per mile for any miles over 250 in a single day.
e) All fines, penalties, forfeitures, attorney fees (unless prohibited by law), court costs and out-of-pocket expenses incurred by Lessor unless due to Lessor’s fault.
f) ATTORNEY’S FEES. In the event suit or action is instituted to collect any sum(s) due hereunder or to replevy said property or to recover damage for loss of or injury or damage to said property and You lose, You AGREE to pay Lessor’s reasonable attorney’s fees to be fixed by the trial and/or appellate court.
g) All losses related to loss or damage to the Vehicle as specified by this Agreement.
h) Parking tickets are Your responsibility. If you default and Lessor pays them you will pay Lessor the fine plus $50 handling charge.
i) Vehicle is to be driven on paved roads only. There is a $200 fee for inspection and cleaning for vehicles driven off paved roads.
7. Accidents, Theft, Vandalism & Claim Reporting
You must immediately report any accident, theft or vandalism of the Vehicle to Lessor or to its insurer, if directed by Lessor, and to the police in the jurisdiction where the incident occurred. You must promptly deliver to Lessor any papers relating to such incident that are received by You or any authorized driver. You and authorized drivers will cooperate fully with Lessor and its insurer in investigating and defending any claim or lawsuit including providing the name of Your and their insurer. FAILURE TO COOPERATE FULLY MAY VOID ANY LIABILITY INSURANCE COVERAGE AND ANY LIMITATION OF YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE VEHICLE. You agree to authorize Lessor to obtain any records or information relating to any such incident.
8. Personal Property Indemnity and Limits on Liability
a) Regardless of who is at fault You agree that Lessor, their affiliates, employees and agents are not responsible to You or any person for loss or damage to Your or their personal property left at any time in, on, or about the Vehicle or Lessor’s premises and to waive all claims against such parties for such loss or damage and to release, indemnify and hold such persons harmless from claims arising from or relating to such loss or damage.
b) You also agree that Lessor, their affiliates, agents and employees will not be liable to You or any authorized driver for any indirect, special, or consequential damages arising in any way out of any matter covered by this agreement.
9. Additional Terms and Conditions
a) Modification/Waiver–Any change, modification or waiver of any term or condition of this Agreement is null and void unless set forth in a writing signed by You and Lessor or Lessor’s authorized representative. Such a writing must express an intention to be incorporated into this Agreement or to amend this Agreement.
b) Severability. If any part, term, or provision of this Agreement shall be held void, illegal or unenforceable, the validity of the remaining parts, terms or provisions shall not be affected thereby.
c) Broken glass, unless caused by an actual accident with another vehicle at fault, is Your responsibility.
d) Flat tires caused by road hazards are Your responsibility. If You get a flat tire, call Lessor for instructions.
e) If vehicle overheats, You must immediately turn it off and contact Lessor, Failure to do so will make You fully liable for repair costs.
f) Vehicle is to be returned clean (no garbage). If returned dirty, $50 charge and $200 cleaning fee for smoke or ash odors.
10. Liability Insurance and Indemnification
a) If an accident results from the use of the Vehicle Your liability insurance or the liability insurance of the driver of the Vehicle will be primary. This means that Lessor’s automobile liability insurance policy (“Policy”) will not grant any defense or indemnity protection under this paragraph if either You or the driver of the Vehicle are covered by any other valid and collectible automobile insurance, whether, primary, secondary, excess or contingent, with limits at least equal to the minimum required by the applicable state financial responsibility or compulsory insurance law. If neither You or the driver of the Vehicle has such insurance and an accident results from the use of the Vehicle as permitted by this Agreement, the insurance Policy obtained by Lessor protects You and authorized drivers against liability to third parties for bodily injury including death and property damage. The Policy’s coverage is limited to the minimum required by automobile financial responsibility or compulsory insurance laws of the state in which the accident occurs. Where permissible, the Policy does not protect against claims made by You, any authorized drivers or You or their family members whether related by blood, marriage or adoption and who reside with You or an authorized driver.
b) In addition, the Policy does not include Uninsured Motorists, Underinsured Motorists, No Fault or any Supplemental No Fault coverage unless such protection is required by law and cannot be rejected (Kansas currently mandates such coverage). TO THE EXTENT PERMITTED BY LAW, ALL INSUREDS UNDER THE POLICY, INCLUDING LESSOR, YOU AND AUTHORIZED DRIVERS HEREBY REJECT THE INCLUSION OF SUCH COVERAGE. If such coverage is imposed by law, then the limits of such coverage will be the minimum required by the law of the jurisdiction in which the accident occurs.
c) You agree that Lessor, their affiliates, agents and employees are not responsible for loss, damage or expense in excess of the limits or beyond the scope of the protection provided in this Paragraph 10 arising from the use, maintenance, or possession of the Vehicle by You or any authorized driver or anyone with Your or an authorized driver’s permission. In addition, You and all authorized drivers will indemnify and hold such parties harmless from any such loss, liability or expense.
11. Optional Insurance Products
Where available, You may accept or decline the optional coverages by initialing the appropriate box shown on the Rental Record if you accept coverage. You acknowledge that, prior to acceptance, You read and understood the material which describes the coverages and You acknowledge that coverage is subject to the terms, conditions, and exclusions of the respective policies and the Agreement. The daily charge shown on the Rental Record is due in full for each full or partial rental day.
12. Power of Attorney
You hereby grant and appoint to Lessor a Limited Power of Attorney:
a) To present insurance claims of any type to Your insurance company if i) Vehicle is damaged, lost or stolen during the Rental Period and You fail to pay for any damages; or (ii) Any liability claims against Lessor arise in connection with this rental transaction and You fail to defend, indemnify and hold Lessor harmless from such claims.
b) To endorse Your name to entitle Lessor to receive insurance, credit card and/or debit card payments directly for such claims, damages, liabilities or rental charges.
13. Telematics Notice and Release
Vehicle may be equipped with a telematics system. You acknowledge that such systems utilize cellular telephone and/or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. You authorize use or disclosure of or access to call location information concerning You or other users of the service.
A customer will be charged a No Show Fee that fails to result in an open rental agreement within 24 hours after the proposed pick up time.