Car Rental Terms and Conditions（US）
1.Rental Agreement (“RA”).
The terms and conditions listed below and other vehicle rental transaction documents, the membership terms and conditions and a return record with computed fees and charges shall collectively constitute the RA between you and yesaway Operations, Inc. (“yesaway”) for the vehicle selected by you at the time of rental.
Vehicle means the vehicle selected and rented to you and its replacement, including all tires, tools, equipment, accessories,license plates/tags and vehicle documents in or on the vehicle (“vehicle”).
3.Who May Drive the Vehicle
Authorized Driver. Only you, your spouse or domestic partner, a full time fellow employee incidental to your business duties during the rental period or an additional driver specifically qualified and authorized, at the time of rental, by yesaway to drive the vehicle may drive the vehicle, but only with your express prior permission (“Authorized Driver”).
You represent that you and any authorized driver are capable and validly licensed drivers, the driver's license must be valid for the entire rental period.
Any authorized driver of the vehicle must be at least 21 years old, have held license for a minimum of 1 year and must be a capable and qualified driver in possession of validly issued driver’s license, which is in good standing under the laws of the issuing jurisdiction.
Drivers at or over the age of 70 must present a valid U.S. driver license or a valid physician’s note dated within the year specifying the driver is fit to drive along with the driver license.
You agree that yesaway has the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing and that yesaway may refuse to rent to you, terminate the RA or refuse to allow others to drive the vehicle, if the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted.
4.Time for Return of the Vehicle.
You must return the vehicle on the date and at the time indicated in the RA and you must return the vehicle immediately on demand from yesaway. Failure to return the vehicle at the time provided for in the RA or as demanded by yesaway will result in you being in unlawful possession of the vehicle and yesaway may then seek to have a warrant issued for your arrest and the arrest of any person in possession of the vehicle. State laws generally make unauthorized possession of a vehicle a crime punishable by fines, imprisonment or both.
If you return the vehicle earlier or later, a higher rate may apply and, if you return the vehicle later, you may also be charged a late return fee. You may not return the vehicle at a time when the yesaway location is closed.
If you do, your responsibility for loss of or damage to the vehicle will continue and all charges stated in the RA as a periodic rate will continue to accrue until the yesaway location reopens and yesaway checks the condition and retakes possession of the vehicle.
If yesaway does not find the vehicle when that yesaway location reopens, your responsibility for all charges and for the loss of or damage to the vehicle will continue until the vehicle is actually returned to or recovered by yesaway.
If you wish to extend the rental period, which yesaway may or may not grant at yesaway’s sole discretion, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date.
If yesaway does grant an extension, a different or higher rate may apply to the extension period.
5.Condition of the Vehicle upon its Rental from and Return to yesaway.
You are required to inspect the interior and exterior of the vehicle prior of leaving the yesaway location to determine if the vehicle has any damage and to report any such vehicle damage to yesaway prior to leaving the yesaway location and then to return the vehicle to yesaway in the same condition as when you received it, normal wear and tear excepted.
6.Place for Return of the Vehicle.
The vehicle must be returned to the yesaway location specified in the RA. If the return location indicated is other than the rental location, you may have to pay a one-way service fee. If you return the vehicle to a location different from the agreed return location, without yesaway’s prior permission, you agree to pay any applicable unauthorized return location fees specified by yesaway.
7.Prohibited Use of the Vehicle.
It is a violation of this RA if you use or operate or permit the vehicle to be used or operated:
a.by anyone not an authorized driver, as per Section 3 of this RA;
b.by anyone who has provided false or fraudulent information to yesaway and yesaway would not have rented the vehicle or approved the individual as an authorized driver if yesaway had received true or accurate information;
c.to carry persons for hire or for other commercial use; to tow or push anything;
d.in a speed test or contest; in a driver training activity; or on unpaved roads;
e.by anyone who is under the influence of alcohol, drugs or other substance likely to impair the driver’s judgment or driving ability;
f.in connection with conduct that could properly be charged as a felony;
g.in an intentional, willful or reckless manner, such as:
i. when the vehicle is loaded beyond its rated capacity; or contains dangerous or illegal materials or substances;
ii. with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;
iii.transporting children without using properly installed child safety seats/restraints;
iv.while texting, emailing or using a cellular phone or other mobile communication device;
v. when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle;
vi.outside the United States, such as in Mexico or Canada.
8.Additional Violations of the RA: It is also a violation of the RA if you or any other
a.fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to yesaway and to the local police authorities;
b.fails to promptly provide yesaway or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with yesaway’s or the police authority’s investigation efforts;
c.fails to fully and promptly cooperate with yesaway in any claim process or legal proceeding resulting from an accident or claim involving the vehicle;
d.fails to remove the keys (excluding valet parking situations) or to close and lock all doors, or fails to close all windows and the trunk when the vehicle is left unattended and the vehicle is then stolen or vandalized;
e.allows smoking or pets in the vehicle, other than certified assistance animals; or
f.are too sleepy or drowsy to safely operate the vehicle;
You will pay for the period of time you have possession of the vehicle at the rate indicated in the RA, plus, if applicable, the number of miles you drive. The minimum charge is one 24-hour day, plus mileage, if applicable. yesaway will determine the miles driven from the vehicle’s odometer at time of rental and at time of return. The daily charge applies to consecutive 24-hour periods starting with the time of rental. You will also pay all charges that apply to the rental for early and late return, for additional and underage drivers, for car seats and other miscellaneous services and for airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and other fees and surcharges specified in the RA, as well as for all applicable taxes and tax-related surcharges.
10.Late Return Additional Charges.
The daily rental charge is based on a 24-hour rental period starting with the time of rental. If the vehicle is returned 59 minutes or less beyond the end of the 24-hour rental period, there will be no additional charge. If the vehicle is returned more than 59 minutes beyond the end of the 24-hour rental day period, there will be an additional charge equal to 100% of the daily rental rate plus 100% of any charges in the RA for insurance, additional services or other miscellaneous charge.
If a prepaid reservation is cancelled more than 24 hours before the pickup time, yesaway will credit you full amount within approximately seven business days’ without cancellation fee. If the prepaid reservation is cancelled within 24 hours before the pickup time, one-day car rental fee will be assessed.
If the you do not cancel the reservation prior to the time of pick-up or the rental vehicle is not picked up on the pickup time, the vehicle will be reserved for you within 24 hours after pick up time. But the reservation will be automatically canceled, if the vehicle has not been picked up within 24 hours after pick up time and the entire prepaid amount will be forfeited.
12.Loss Damage Waiver.
Loss Damage Waiver (“LDW”) is not insurance and is not mandatory. If you accept LDW, you will be responsible to pay the daily LDW rate for each full or partial day that the vehicle is rented to you or otherwise in your possession. If you accept and pay for LDW, yesaway will assume all loss of or damage to the vehicle, except for loss or damage caused by any prohibited use specified in Section 7 and 8 of this RA, where permitted by applicable state law.
13.Loss of or Damage to the Vehicle.
If you do not accept LDW, or if you accept LDW but the vehicle is lost or damaged as a result of a prohibited use specified in Section 7 or 8 of this RA, you will be responsible to pay yesaway for all loss of or damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, yesaway’s Incidental Costs, as noted below. If the vehicle is damaged, you will pay yesaway’s estimated repair costs, or if yesaway decides to sell the vehicle in its damaged condition, you will pay yesaway the difference between the vehicle’s fair market value before it was damaged and the actual sale proceeds received by yesaway. You may, where and to the extent permitted by applicable state law, also be liable to yesaway for loss of use of the vehicle (which is the number of days it takes to repair the vehicle and return it to rentable condition times the applicable daily rental rate less any saved expenses); diminished vehicle value (which is the difference between the fair market value of the vehicle before it was damaged and after it is repaired); towing and storage charges, and any other related costs and expenses incurred by yesaway (collectively “Incidental Costs”); plus an administrative fee of up to $150. If the vehicle is stolen and not recovered within 30 days you will pay yesaway the vehicle’s fair market value before it was stolen plus an administrative fee of up to $150. If your responsibility to yesaway is covered by insurance, you will provide yesaway with the name of the insurer, your policy number and contact information for the insurer and you authorize yesaway to submit a claim for any of yesaway’s losses or damages, including Incidental Costs and any administrative fees to your insurance company upon completion of your rental. However, you remain liable to yesaway for any losses sustained by yesaway in excess of what your insurance covers. Additionally, you agree to pay yesaway for any deductible or other amounts due to yesaway that is not covered by your insurance or paid to yesaway by your insurance company.
14.Fuel Service Charge.
All vehicles are rented with a full tank of fuel and yesaway requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, yesaway will charge you a fuel service charge at the applicable rate specified in the RA. To calculate this charge, yesaway will calculate the number of gallons of fuel needed to refill the vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of premium fuel per yesaway’s policy. Our rates for this fuel service will base on daily local market price plus $ 20 service fee.
yesaway maintains a clean and smoke free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke free condition. Otherwise will be charged $350 for cleaning of the vehicle’s interior and exterior upon its return if there are any unusual stains, smells (including cigarette and cigar smells), dirt or soil in or on the vehicle attributable to animals, pets or to any other use of the vehicle.
16.Key and Owner’s Manual Replacement Costs.
You will be responsible for the costs incurred by yesaway to replace the key(s) to the vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle to yesaway. If the owner’s manual is provided in the vehicle and is not returned, you will be responsible for the costs incurred by yesaway to replace the manual plus an administrative fee of up to $150.
You are responsible for and will pay any and all traffic and parking violations while you are in possession or control of the vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees due to the governing municipality. In addition, you will be responsible for all costs and expenses incurred by yesaway, including reasonable attorney fees, plus an administrative fee of up to $150 per violation.
An authorized driver of the vehicle, as those terms are defined by the RA, may, under certain circumstances, be considered an insured under certain yesaway insurance policies. Except where required by law to be primary, any insurance protection provided by yesaway shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the vehicle causes “bodily injury” or “property damage” (as those terms are defined in yesaway’s pertinent insurance policies) to others. The yesaway provided insurance protections shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage”. If insurance protection is extended by operation of law to a person or instance unintended by the terms of the RA, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. yesaway has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both. A copy of yesaway’s liability insurance policy and/or self-insurance certificate is available for your inspection, upon reasonable prior notice, at yesaway’s headquarters or other location designated by yesaway.
19.Waiver of Liability Insurance/Protection.
Unless required by governing law, yesaway will not provide (and you waive) liability insurance protection for: (a) your death, bodily injury or damage to your property or other property within the vehicle; or (b) the death, bodily injury or property damage of any member of your family, the vehicle’s driver’s family or a fellow employee of you or the driver. Unless required by governing law, yesaway will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, then such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, you and yesaway reject and waive for you and all other passengers in the vehicle, any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance.
20.Supplemental Liability Insurance (SLI) & Exclusions.
Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from yesaway. yesaway has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
21.Personal Effects Coverage (PEC).
Additional insurance for the protection of your personal effects may be available to you if you purchase PEC as part of the rental transaction. PEC is an insurance coverage administered and provided by an independent insurance company (and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PEC are available in the PEC brochure available on request from yesaway. yesaway has no authority or power to control the terms of PEC coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning PEC coverage.
22.Personal Accident Insurance (PAI).
Additional Personal Accident Insurance may be available to you if you purchase PAI as part of the rental transaction. PAI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the PAI brochure available on request from yesaway. yesaway has no authority or power to control the terms of PAI coverage or to administer any claims under PAI and shall not be responsible or liable in any respect concerning PAI coverage.
23.Indemnification and Waiver
You agree to indemnify and hold yesaway harmless from, any loss, liability and expense that yesaway incurs arising out of the use of the vehicle while in your possession, including reasonable attorney’s fees: (a) which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction, or the limits of any liability protection that yesaway furnishes to you, or (b) which results from any unauthorized use or prohibited operation of the vehicle as specified in sections 7 and 8 above.
24.Repossessing the Vehicle.
yesaway shall have the right to repossess the vehicle at any time, without prior notice to you, if it is found illegally parked, being used in violation of the law or the terms of the RA or appears to be abandoned. If the vehicle is repossessed, you agree to pay all costs incurred by yesaway in the repossession process.
25.Credit Card Charge/Reserve
You will pay at the end of the rental or on demand by yesaway all charges, fees, expenses, taxes, surcharges and other amounts due to yesaway pursuant to the RA (including Incidental Costs) and you authorize yesaway, from time to time, to charge your credit card for the full amount(s) due to yesaway pursuant to the RA. You acknowledge that if you use a credit card your available credit, up to an amount of the estimated total charges due under the RA plus an additional $200 may be reserved or set aside by the card issuer. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that yesaway will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the vehicle.
If you do not pay all amounts due to yesaway under the RA upon demand, you agree to pay a late charge of 2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). You agree to also pay for any costs that yesaway incurs in seeking to collect such Charges, including, without limitation, court costs and reasonable attorney’s fees in addition to an administrative fee of up to $150, cost recovery expenses, insufficient funds fees and collection fees.
27.Errors in Charges/Fees
The charges and fees shown on the return record are not final and are subject to review by yesaway. You will pay any undercharge, and you will receive a refund for any overcharge, yesaway discovers on review.
28.Lost or Damaged Property
yesaway is not responsible for loss of or damage to any personal property in or on the vehicle, in any service vehicle, yesaway’s premises, whether or not received or handled by yesaway.
29.Voiding of Rental, Optional Services and Insurance Coverages
To the extent permitted by applicable state law, any violation of the provisions of the RA, such as use of the vehicle by an unauthorized driver or other violation of the prohibited uses, will automatically terminate your rental and the rental agreement and voids all liability protection and any optional services or insurance coverages that you have accepted, including supplemental liability coverage, personal effects insurance, personal accident insurance and loss damage waiver. a fine of $350 will also be applied for the violation.
30.Changes to the RA.
Any change to any provision in the RA must be agreed to by a duly authorized representative of yesaway.
31.Global Positioning Satellite System.
The vehicle is equipped with a device that allows yesaway to use a global positioning satellite or other technology, as and to the extent permitted by applicable state law, to track, locate and/or disable the vehicle and to provide such information and capability to law enforcement agencies at any time and especially if you fail to return the vehicle when and where required under the RA or otherwise violate any provision of the RA.
For your comfort and safety, the vehicle is equipped with and yesaway is authorized to activate a device which may provide a link to access available emergency, police and other third party service providers.
33.Metro Expresslanes (Fastrak)
If you use Metro Express lanes or similar automatic toll charge system without purchase Fastrack Box, you will be charged at time of the return of the vehicle to yesaway or thereafter for all tolls incurred during the rental period based upon the actual toll charges received by yesaway, and administration fee for $5 per use, up to $25 total transaction.
If you are in need of roadside assistance, find yourself in an emergency situation or you have other customer service inquiries, please call +1 424 800 4990.
a.Failure by yesaway to complain of any action or non-action on your part, no matter how long that situation may continue, shall not be deemed to be a waiver by yesaway of any of its rights as provided in the RA. No waiver at any time of any of the provisions in the RA by yesaway shall be construed as a waiver of any other provision in the RA and a waiver at any time of any of the provisions in the RA shall not be construed as a waiver at any subsequent time of the same provisions.
b.You waive and release any claim against yesaway for incidental, special or consequential damages in connection with the vehicle rental.
c.If any term or provision of the RA, or its application to any person or circumstance shall, to any extent, be invalid, unenforceable or otherwise contrary to applicable law, the remainder of the RA, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, unenforceable or contrary to applicable law, shall not be affected, and each other term and provision of the RA shall be valid and enforceable to the fullest extent permitted by law.
d.To the extent permitted by applicable state law, the RA shall be governed by and construed under the laws of the State of California.
e.In the event of any legal or administrative proceedings between you and yesaway arising out of or relating to the terms of the RA, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs expenses and reasonable attorneys' fees from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.
i. to submit to exclusive arbitration under the rules of the American Arbitration Association any disputes relating to the RA and/or your use or possession of the vehicle and that any such arbitration shall be conducted exclusively in Los Angeles County, California and in no other jurisdiction;
ii.to give up your right to have a trial by jury;
iii.to give up your right to serve as a representative, as a private attorney general or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit against yesaway involving any dispute;
v.to file any claim against yesaway within one (1) year after the date of the RA or such claim will be forever barred
v.yesaway vehicle is not allowed driving in the following States:
New Hampshire/New Jersey/Ohio/Texas/Vermont/Wisconsin
36. State Specific Provisions. The following provisions apply to rentals occurring in the applicable States:
NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER
You are responsible for all Loss damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees.
Your own insurance, or the issuer of the credit card you use to pay for the car rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.
Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.
The rental company will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if you use or operate or permit the vehicle to be used or operated:
(1)by anyone not an authorized driver, as per Section 3 of this RA;
(2)by anyone who has provided false or fraudulent information to yesaway and yesaway would not have rented the vehicle if it had received true or accurate information
(3)to carry persons for hire or other commercial use; to tow or push anything;
(4)in a speed test or contest; in a driver trainingctivity; or on unpaved roads;
(5)by anyone who is under the influence of alcohol, drugs or other similar substance likely to impair the driver’s judgment or driving ability;
(6)in connection with conduct that could properly be charged as a felony;
(7)in an intentional, willful or reckless manner, such as:
i.when the vehicle is loaded beyond its rated capacity; or contains dangerous or
illegal materials or substances;
ii.with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;
iii.transporting children without using properly installed child safety seats/restraints;
iv.while texting, emailing or using a cellular phone or other mobile communication device;
v.when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle; or
vi.outside the United States, such as in Mexico or Canada.
h.The cost of an optional damage waiver is $11 per day.
37. CHILD RESTRAINT SYSTEM
California law requires all children under 8 years of age who weigh less than 80 pounds to be transported in the back seat of the vehicle in a child restraint system. yesaway is required to provide for rental a child restraint system if you do not have a child restraint system yourself.
38. yesaway shall provide You with a vehicle of the category selected at the time of making this Agreement and will email you a copy of this Agreement with information specifically identifying the vehicle following the assignment of the vehicle to You at the rental location.
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