Toyota 4Runner 2016

The terms and conditions

(“Agreement”) Below are the terms and conditions which govern your rental of the Vehicle (“Vehicle”) from Scenic Route Car Rentals, LLC (“Company”), a Florida limited liability company, as detailed in the reservation, which is incorporated and made a part of the Agreement. By proceeding with the reservation for the rental of the Vehicle, You, the renter, hereby agree as follows:

You must be at least twenty-five (25) years old at the time of signing this Agreement.

Any persons who wish to drive the Vehicle must submit a copy of their driver’s license to Company and must be expressly authorized by Company to operate the Vehicle.

The minimum rental duration is five (5) calendar days. Rental rates are for the time and location displayed above and must be paid in advance. Any change to the reservation may impact the rental charges. The rental rates may be higher if You extend the rental, change the drop-off location, or make any other changes to the reservation or the rental. All changes to the rental reservation are subject to Company’s prior consent, which may be withheld in Company’s sole discretion. A sales tax in the amount of seven (7%) of the rental price is due and payable at the time of checkout.

You are responsible for the payment of all toll charges and associated fees incurred during the rental period. Company will charge all toll expenses and fees incurred during the rental period to your account.

You warrant and agree that the Vehicle will be operated in a safe and appropriate manner and that you will comply with all national, state, municipal, and other laws, ordinances and regulations in any way relating to the possession, use, or operation of the Vehicle. You will not allow the Vehicle to be used or operated in violation of any law, regulations, or ordinance. You agree that you are personally responsible for all damages, claims, fines, expenses, and liabilities arising out of this agreement and the rental or use of the Vehicle.

Smoking and vaping of any kind in the Vehicle is prohibited and is subject to a $300 fine which will be charged to your account. No pets are allowed in the Vehicle.

You acknowledge and agree that the following uses of the Vehicle are expressly prohibited under this Agreement:

• Allowing anyone except you or another person expressly approved by Company in writing in advance (“Authorized Driver”) to operate the Vehicle
• Use the Vehicle to carry passengers or property for hire;
• Use the Vehicle to tow or push anything;
• Operate the Vehicle while (i) under the influence of alcohol or any other substance that applicable law prohibits the use of while driving; or (ii) using a mobile phone or other hand-held device, unless it is in a hands-free mode;
• Use the Vehicle in connection with any conduct, other than a traffic infraction, that could properly be charged as a felony or misdemeanor or reckless driving, including the transportation of a controlled substance or contraband;
• Transport the Vehicle outside of the United States; or
• Use the Vehicle (i) to carry hazardous materials; (ii) in a test, race, or contest; (iii) on unpaved roads; and/or (iv) recklessly or while overloaded.

Cancellations made more than ten (10) days prior to the scheduled pickup are eligible for a full refund. Cancellations requested between ten (10) days and forty-eight (48) hours prior to the scheduled pickup are eligible for a refund of fifty percent (50%) of the rental charge. All other cancellations are not refundable. Return of the Vehicle prior to the scheduled drop off time does not entitle you to any refund.

YOU UNDERSTAND AND AGREE THAT COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

You agree to assume and bear the entire risk of loss and damage to the Vehicle from any and every cause whatsoever. No loss or damage to the Vehicle or any part thereof shall impair your obligation under this Agreement.

You must promptly report to Company all instances of property damage and injury to persons during the rental term or at any time that you have possession of the Vehicle. In the event of loss or damage of any kind whatever to the Vehicle, you shall immediately report the same to Company and follow Company’s directions in resolving the damage. Company, in its sole discretion, may require you to:

1. Place the Vehicle in good repair, condition and working order with a company or person selected or approved by Company; or
2. Pay to Company, within five (5) business days from the date of loss or damage, all costs and expenses necessary to repair the Vehicle to return it to the pre-loss condition or, where repairing the Vehicle is not feasible, to replace it.

Upon the expiration of the rental duration, you must return the Vehicle to Company clean and with a full tank of gas, by delivering the Vehicle at your cost and expense to such place as Company shall specify within the city or county in which the same was delivered to you, no later than the designated drop-off time. You expressly authorize Company to charge the following fees for failure to meet the return conditions:

• If the Vehicle is not clean, a cleaning charge of $120.00 will apply.
• If the gas tank is not full, Company will charge the cost of filling up the tank plus a $20 administrative fee.
• Failure to return the Vehicle will result in an hourly late charge of $45.00 starting one hour after the scheduled drop-off time.

The Vehicle comes with the following beach equipment (“Equipment”): one (1) YETI cooler and two (2) YETI Beach chairs. You are responsible to return the Equipment at the same time you return the Vehicle, in good condition and without damage. In the event any of the Equipment is missing or damaged, Company will charge your account the following amounts:

YETI Cooler:

1. Minor damage (small scratches, small dents, etc.) - $200.00
2. Substantial damage - $400.00
3. Missing equipment - $600.00

YETI Beach Chair (cost per each)

• Minor damage (scratches, small dents, etc.) - $100.00
• Substantial damage - $200.00
• Missing equipment - $300.00

You agree to indemnify, defend, and hold Company, its members, agents, and employees, harmless from any and all claims, fines, actions, suits, proceedings, costs, expenses, damages and liabilities, including reasonable attorney fees and costs, arising out of or resulting from your* use of the Vehicle, including without limitation the delivery, possession, use, operation, or return of the Vehicle. This provision shall survive the termination or expiration of this agreement.

The Vehicle is, and shall at all times be and remain, the sole and exclusive property of Company; and you shall have no right, title or interest therein or thereto except as expressly set forth in this Agreement.

Company reserves the right to charge the credit card that was used to process this reservation for any damage done to the Vehicle, its contents, any items missing, and any fees or charges incurred during the rental term or your possession of the Vehicle, or for any charges authorized pursuant to this Agreement. Any amounts that remain unpaid and outstanding shall accrue interest at the rate of eighteen percent (18%) per annum. You are responsible for all amounts not charged to or not paid by your credit card for any reason. In addition, you are responsible for all costs of collection, including reasonable attorney fees and costs, incurred by Company in collecting unpaid balances or enforcing your obligations under this Agreement.

This Agreement shall be construed and enforced according to the laws of the State of Florida without regard to the conflict-of-laws provisions. In the event of a dispute, directly or indirectly arising from this Agreement, the venue shall lie exclusively in Walton County, Florida. In any action concerning the rights, duties or liabilities of the parties to this Agreement, Company shall be entitled to recover reasonable attorney fees and costs, through all appeals and post-judgment proceedings, including action in garnishment, levy, or execution. No right, power or remedy conferred upon Company hereunder shall be exclusive of any other right, power or remedy referred to herein or now or hereafter available at law, in equity, by statute or otherwise.

A valid driver’s license and proof of valid personal auto insurance must be presented to Company’s representative prior to the scheduled pickup of the Vehicle. Your personal insurance shall remain in effect during the entire duration of the rental period. You agree that your personal insurance shall be primary insurance for any claims resulting from or related to this Agreement or your use or operation of the Vehicle.

This Agreement and the reservation details constitute the entire agreement between you and Company and may not be amended, altered or changed except by a further writing signed by both parties.

You represent that you are at least 25 years old and authorized to enter into this Agreement. This Agreement is binding on the parties, their heirs, and assigns. You may not assign this Agreement without Company’s express written consent in advance.

No failure by Company to insist upon the strict performance of any covenant, duty, agreement or condition of this Agreement or to exercise any right or remedy consequent upon a breach thereof shall constitute a waiver of any such breach or any other covenant, duty, agreement or condition.

By completing the reservation (clicking below), you agree that you received, read, understand, accept and agree to the terms, conditions, disclosures and notices appearing in this Agreement.  You also consent to the use of electronic records and validity of your electronic signature.