Legal Matters

Use this page to navigate through the legal matters that are connected with CarAgeRental, this includes the Terms of Service, Prohibited Uses of the vehicles, Privacy Policy, and Rental Agreement (collectively "Terms & Conditions"). You automatically agree to all the Terms & Conditions when using our Services.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Introduction


CarAgeRental LLC. and its subsidiaries (collectively, “C.A.R.”, “we”, “CarAgeRental”, or “us”), provide an online car renting platform that connects customers looking to rent a car with us. C.A.R. is accessible online at caragerental.com. The C.A.R. websites, blogs, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and C.A.R..

These Terms, together with the Privacy Policy, Rental Agreement, applicable insurance terms and certificates, and roadside assistance terms (together, the “Policies”) constitute the “Agreement” between you and CarAgeRental (each a “Party” and together, “the Parties”).

Modification. CarAgeRental reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services. If you choose to stop working with us, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.

Eligibility, registration, verification

Eligibility

The Services are intended solely for persons who are 18 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

Registration

When you book a vehicle as a traveler or guest (“guest”), you provide us with certain information about yourself. You must provide accurate, current, and complete information during the booking process. Based on information you provide, CarAgeRental may impose additional requirements for you to book a trip (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).

Verification

Where permitted, CarAgeRental has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity. CarAgeRental does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. CarAgeRental may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize CarAgeRental to request, receive, use, and store such information. CarAgeRental may permit or refuse your request to book in its sole and absolute discretion.

Consumer Report Authorization. When you attempt to book, or at any time after where CarAgeRental reasonably believes there may be an increased level of risk associated with you as a customer, you hereby provide CarAgeRental with written instructions and authorize CarAgeRental, in accordance with the Fair Credit Reporting Act, applicable consumer reporting laws, or any similar laws to obtain your personal and/or business auto insurance score, credit report, and/or conduct a background check, including a criminal background check where permissible under applicable law.

Fees, taxes

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide CarAgeRental a payment method, you authorize CarAgeRental, or third-party service providers acting on behalf of CarAgeRental, to store your payment credential for future use in the event you owe CarAgeRental any money. You authorize CarAgeRental to use stored payment credentials for balances, including for Trip costs, and guest fees (e.g., late fees, security deposits, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. Any use of referral travel credit is governed by the terms and conditions outlined in here.

Collection of fees

CarAgeRental and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. CarAgeRental, or the collection agencies we retain, may also report information about your CarAgeRental reservation to credit bureaus. As a result, late payments, missed payments, or other defaults on your CarAgeRental Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information CarAgeRental reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact us through our email info@caragerental.com. If you wish to dispute the information a collection agency reported to a credit bureau regarding your information, you must contact the collection agency directly.

Taxes

In certain jurisdictions, CarAgeRental may enable the collection and remittance of certain taxes from or on behalf of guests, based on existing and future tax regulations, including car renting regulations. The amount of taxes, if any, collected and remitted by CarAgeRental will be visible to, and separately stated, to guests on their respective trip related documents and invoices.

Your commitments

You agree that you will always follow the Terms and the Services as well as, any applicable law, and any other policies and standards provided to you by CarAgeRental.

Content

CarAgeRental Content and User Content License. Subject to your compliance with the provisions of these Terms, CarAgeRental grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any CarAgeRental and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by CarAgeRental or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your vehicle(s), reviews, feedback, and descriptions of you, your vehicle, or trip. By making available any content on or through the Services, or through CarAgeRental promotional campaigns, you grant CarAgeRental a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services.


Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

  • Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
  • List false, inaccurate, misleading, defamatory, or libelous content
  • Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to CarAgeRental, or that comes from the Services and belongs to another CarAgeRental user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of CarAgeRental

Dilute, tarnish, or otherwise harm the CarAgeRental brand in any way, including:

  • Through unauthorized use of the Services and/or user content
  • Registering and/or using "CarAgeRental" or derivative terms in domain names, trade names, trademarks, or otherwise
  • Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to CarAgeRental domains, trademarks, taglines, promotional campaigns, or CarAgeRental and/or user content

Provide or submit any false or misleading information, including:

  • False name, date of birth, driver’s license details, payment method, insurance, or other personal information
  • In relation to a claim (for example about damage to a vehicle)
  • By registering for a CarAgeRental Trip on behalf of an individual other than yourself
  • Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

  • Fail to pay fees, penalties, or other amounts owed to CarAgeRental or another user
  • Fail, as a guest, to timely deliver, make available, or return any vehicle and optional Extras, unless you have a valid reason
  • Use the Services to find a host, and then complete a transaction partially or wholly independent of the Services, for any reason including but not limited to circumventing the obligation to pay any fees related to the provision of the Services by CarAgeRental (aka, gray market transactions, which do not necessarily require the exchange of money)
  • Transfer your CarAgeRental Reservation and/or Trip Information to another party without our consent
  • Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by CarAgeRental in certain limited circumstances

Harm or threaten to harm users of our community, including:

  • Harass, stalk, or defame any other CarAgeRental user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or guest in accordance with these Terms
  • Engage in physically or verbally abusive or threatening conduct
  • Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
  • Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the CarAgeRental community
  • Sue or assert legal claims against CarAgeRental or a CarAgeRental user in any manner prohibited or waived by these Terms

Use the Services for your own unrelated purposes, including to:

  • Contact another CarAgeRental user for any purpose other than in relation to a booking, vehicle, listing, or the use of the Services by such user
  • Commercialize any content found on the Services or software associated with the Services, including reviews
  • Harvest or otherwise collect information about users without their and our consent
  • Recruit or otherwise solicit any user to join third-party services or websites that are competitive to CarAgeRental, without our prior written approval
Interfere with the operation of the Services, including by:

  • Interfering with any other user’s listings
  • Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
  • Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm CarAgeRental or the interests or property of others
  • Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
  • Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
  • Using, displaying, mirroring, or framing the Services or any individual element within the Services, the CarAgeRental name, any CarAgeRental trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without the express written consent of CarAgeRental
  • Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
  • Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by CarAgeRental or any of our service providers or any other third party (including another user) to protect the Services
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
  • Endeavoring to circumvent a suspension, termination, or closure of your CarAgeRental Account or the account of another CarAgeRental user, including, but not limited to, creating a new CarAgeRental Account or listing vehicles affiliated with or registered to a CarAgeRental Account holder that has been suspended, terminated, or closed

Other legal matters

Violations. CarAgeRental has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

CarAgeRental reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that CarAgeRental, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing CarAgeRental, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your CarAgeRental Trip and access to the Services, remove hosted content, deny a damage claim, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your CarAgeRental Trip investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where CarAgeRental is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize CarAgeRental and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with CarAgeRental or its agents for quality control and training purposes. You acknowledge and understand that your communications with CarAgeRental may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through our email info@caragerental.com.

Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. CarAgeRental is not an insurance company and does not insure guests. Guest protection plans made available through the Services are in no way related. To be eligible for the benefits of a protection plan, guests must comply with these Terms. Protection plans are available through the Services only in the United States. Protection plan details and other specifics may be provided at request. Please refer to the specific terms for guests section below for additional information based on the nature of your use of the Services.

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Guest financial responsibility for physical damage to the vehicle

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle on CarAgeRental, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with CarAgeRental to make a claim for coverage under any policy of insurance that applies to the loss.

Auto liability insurance

The protection plan offered on the Services include coverage under an automobile liability insurance policy. In the US, the policy is issued to CarAgeRental by American Business Insurance Services, Inc. and does not provide a defense or indemnification for any claim asserted by CarAgeRental. If the guest has their own personal auto policy, it will be primary over the CarAgeRental protection depending on various factors such as applicable laws, where the guest books the vehicle, and/or where the accident or damages occur. Terms and exclusions apply.

Use of the vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft or delivering food or other packages) unless you have express written permission from the CarAgeRental Legal Department in advance or as otherwise described here. You may not access a vehicle until the trip start time and you must return the vehicle on time and to the correct location. You must present the host with a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are required at all times to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event CarAgeRental has any concern about your use of a vehicle, CarAgeRental may terminate your trip at its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the host. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact info@caragerental.com. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Condition of the vehicle and optional Extras

You understand that third parties own the vehicles and Extras offered through the Services. Each host is responsible for complying with all legal requirements (including ensuring the vehicle is registered and insured) and maintaining their vehicle(s) in safe and roadworthy condition. Please complete a visual inspection before you begin your use of the vehicle. If you find damage in your initial inspection, you should send photos of such pre-existing damage to trips@caragerental.com at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, CarAgeRental, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the vehicle is not safe to drive, please do not use the vehicle; instead, please contact the CarAgeRental team immediately at +1-507-722-1010.

Incident reporting

Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the vehicle you are using to CarAgeRental at trips@caragerental.com or at +1-507-722-1010. If there has been a collision, you must also make a report to the police. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide CarAgeRental or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by CarAgeRental, third party claims administrators, or insurers. After an incident, you may not continue to use the vehicle unless you have the explicit permission of CarAgeRental staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft

The following conduct may result in the reporting of the vehicle you have booked as stolen to law enforcement, possibly subjecting you and any other driver to arrest, and civil and/or criminal penalties, and the voiding of your protection plan:
  • If you fail to return the vehicle you booked at the time and place agreed upon with the host and/or designated in your reservation
  • If you do not return the vehicle by the end of the reservation period and you have not properly obtained an extension of the reservation through the Services
  • If the vehicle is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a vehicle occurring prior to the host inspecting the vehicle upon return at the end of the reservation is the guest’s responsibility
  • If you misrepresent facts to the host pertaining to booking, use, or operation of vehicle
  • If the vehicle’s interior components are stolen or damaged or the vehicle itself is stolen or damaged when the vehicle is left unlocked or running or unattended with the keys not secured during reservation period
  • If you fail or refuse to communicate in good faith with the host, police, CarAgeRental, or other authorities with a full report of any accident or vandalism involving the vehicle or otherwise fail to cooperate in the investigation of any accident or vandalism
  • If the vehicle is operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license, whose driver’s license becomes invalid during the reservation period, who has obtained the keys without permission of the host, or who misrepresents or withholds facts to/from the host or CarAgeRental material to the booking, use, or operation of vehicle

The primary guest who books the reservation is responsible for any private investigation costs CarAgeRental deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if CarAgeRental and/or the host has to report a vehicle as stolen to law enforcement due to it not being returned.

Repossession. CarAgeRental, a hired agent of CarAgeRental, or the host may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Missing Vehicles. If a vehicle you have booked through the Services goes missing and/or is stolen during the reservation period (or extension period), you must immediately return the original ignition key to the host, file a police report immediately after discovering the vehicle is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, CarAgeRental, and other authorities in all matters related to the investigation.

Dispute resolution

Dispute resolution for guests residing in the United States

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND CarAgeRental HAVE AGAINST EACH OTHER ARE RESOLVED.

Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for guests residing in the United States section.

Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and CarAgeRental agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at info@caragerental.com. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from CarAgeRental. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or CarAgeRental shall not be disclosed to the arbitrator.

Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of Arizona will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and CarAgeRental (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with CarAgeRental, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a vehicle). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.

Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:
  • Disputes or claims that can be brought in small claims court
  • Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
  • Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
  • In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues

Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.

The arbitration will be conducted by FairClaims in accordance with its Arbitration Rules and Procedures effective at the time a claim is made. Where the relief sought is $25,000 or less (not including attorneys' fees and expenses), those Arbitration Rules and Procedures may limit the proceeding to a written submission and, if requested or at the arbitrator’s discretion, there may be a live hearing by teleconference or videoconference. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), those Arbitration Rules and Procedures may provide for limited discovery and streamlined proceedings. In the event FairClaims declines to or is unable to adjudicate the claim, the arbitration will be conducted by the AAA under its Commercial Arbitration Rules, as modified by this Agreement to Arbitrate.
In all cases in which a live hearing is requested or required, you and/or CarAgeRental may attend by video or phone. To the extent a location must be established for the arbitration, it shall be held in the county in which you reside or at another mutually agreed location.

The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same CarAgeRental user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential, except as reasonably necessary to enforce or implement such rulings or this Agreement to Arbitrate.
Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for certain costs. Where the relief sought is $25,000 or less (not including attorneys’ fees and expenses), you will be responsible for the initial filing fee, capped at $375, and CarAgeRental will cover any additional fees or costs. Where the relief sought is $25,001 or more (not including attorneys’ fees and expenses), you and CarAgeRental will each pay your own arbitration fees consistent with the rules set by FairClaims (or AAA, as applicable) at the time the claim was made, unless otherwise stated in these Terms.
Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.

Right to opt-out of arbitration; procedure. IF YOU ARE A NEW CARAGERENTAL USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO INFO@CARAGERENTAL.COM ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON CARAGERENTAL AS A GUEST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your CarAgeRental Reservations to info@caragerental.com. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Phoenix, Arizona.

Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if CarAgeRental makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against CarAgeRental prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to CarAgeRental, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.

Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Phoenix, Arizona. The Parties agree to submit to the personal jurisdiction of a state court located in Maricopa County, Phoenix, Arizona or a United States District Court for the District of Arizona located in Phoenix, Arizona. The Parties agree that the substantive law of the state of Arizona will apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief.

THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.

Dispute resolution for guests residing outside the United States or Canada

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of where you reside, if you bring an action against CarAgeRental in the United States, the section above entitled “Dispute resolution for hosts and guests residing in the United States” will govern that dispute.

Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution at info@caragerental.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General provisions

Termination

You may discontinue your use of the Services at any time and CarAgeRental may terminate your access to the Services and remove any requests for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and CarAgeRental may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No vehicle transfer or assignment

Except as otherwise provided herein, guests agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a vehicle or optional Extras shared through the Services.

Disclaimers

CARAGERENTAL PROVIDES SERVICES THAT ENABLE THE RENTAL OF VEHICLES AND OPTIONAL EXTRAS BETWEEN CARAGERENTAL AND GUESTS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, CARAGERENTAL DOES NOT ITSELF PROVIDE INSURANCE SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE VEHICLE OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-VEHICLE GPS OR OTHER SYSTEMS). THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, CARAGERENTAL EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CarAgeRental makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. CarAgeRental makes no warranty regarding the quality of any listings, vehicles, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from CarAgeRental, CarAgeRental Insurance Agency, or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of liability and waiver

YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST CARAGERENTAL AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “CARAGERENTAL PARTIES”) AND ANY CARAGERENTAL USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY (E.G., A VEHICLE NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, HOST OR GUEST, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF A HOST OR GUEST.

YOU AGREE THAT NEITHER CARAGERENTAL NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.

Except for our obligations to pay amounts to applicable guests pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the CarAgeRental Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a guest in the twelve month period prior to the event giving rise to the liability, or (2) US$100.

YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY CARAGERENTAL FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS YOU ARE A GUEST WHO BOOKED A VEHICLE FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT HOST.

YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CARAGERENTAL AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.

Indemnification

You agree to release, defend, indemnify, and hold CarAgeRental and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a vehicle or creation of a listing for a vehicle. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a vehicle or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between CarAgeRental and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Liquidated damages

You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for CarAgeRental to prove with certainty: (1) engaging in gray market transactions, as defined in these Terms, (2) using the CarAgeRental domains, trademarks, or taglines without CarAgeRental's express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the CarAgeRental Parties or CarAgeRental in any manner prohibited or waived herein. You will pay CarAgeRental $5,500 per breach in Liquidated Damages to compensate CarAgeRental for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between CarAgeRental and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.

Rounding off

CarAgeRental may, in its sole discretion, round up or down amounts that are payable from or to hosts or guests to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.

Contact us

CarAgeRental can be contacted in the United States +1-507-722-1010. If you have any questions for us concerning the Agreement, or CarAgeRental generally, please contact us at info@caragerental.com. For questions or information about the third party liability insurance that is included in protection plans in the United States, consumers in Maryland and the licensed states listed here may contact CarAgeRental at info@caragerental.com.

If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Consumer Information Center of the California Department of Consumer Affairs by contacting them in writing at info@caragerental.com.

Translations

Where CarAgeRental has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.

Governing law

The parties agree that the substantive laws of the state of Arizona apply to these Terms and the Agreement without regard to conflict of law provisions.

Severability and non-waiver

In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.

General

CarAgeRental does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of CarAgeRental and CarAgeRental will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.

The Agreement, including these Terms, states the entire understanding between you and CarAgeRental concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of CarAgeRental. You will remain responsible for your obligations hereunder in any event. A CarAgeRental Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such section.

 Prohibited uses


  • If you engage in any prohibited uses with a vehicle booked through CarAgeRental, we may apply the following consequences
  • Void your protection for any physical damage to a host’s vehicle
  • Lower your liability coverage to state minimum limits or nullify liability coverage where allowed by state law
  • Charge a violation fee
  • Temporarily suspend your use of the platform
  • Remove you from CarAgeRental
  •  Prohibited vehicle uses and activities include:
  • Permitting someone who’s not an Approved Driver* to drive a vehicle booked via CarAgeRental
  • Driving a manual transmission car without being an expert in the use of clutches and manual transmissions
  • If the drivetrain of a manual transmission car is damaged, the primary guest will be presumed to be at fault and will be held fully liable for repair of any damaged components of the car
  • Allowing the vehicle to be pushed or towed by anyone other than an authorized law enforcement or service vehicle
  • Using a vehicle booked through CarAgeRental:
  • to tow or push anything
  • for “off roading” on undeveloped or unimproved roads
  • in any race, test, or competition
  • with the intention to cause damage, or with wanton, willful, or reckless disregard for safety
  • to carry persons or property "for hire" or to carry persons or property for compensation or a fee, including, but not limited to, taxi services, TNC services, and/or parcel, food, or grocery delivery services. You may, however, use the car for business purposes, such as attending meetings and carrying associated materials
  • unless a trip has been booked, using vehicles without a reservation or outside your trip time constitutes unauthorized use
  • during or as part of the commission of a crime or any other illegal activity or purpose
  • while the driver is under the influence of:
  • alcohol above the legal limit
  • any drug or medication under the effects of which the operation of a vehicle is prohibited or not recommended
  • when it has been loaded beyond its rated capacity or with more passengers than the vehicle has seat belts
  • without a valid license, or if you do not meet our requirements for booking a car. It’s your responsibility to inform us when your license is expired or suspended, or if you believe you may no longer meet our requirements for booking a car
  • to transport any flammable, toxic, volatile, poisonous, dangerous, or illegal substances
  • to transport a pet in a vehicle that hasn’t been labeled as “pet friendly” without the host’s explicit consent, except in the case of service animals as defined by the ADA. Guests who bring service animals on their trip may still be subject to a cleaning violation fee as per CarAgeRental’s cleaning policy.
  • Making any unapproved alterations, additions, or improvements to any vehicle
  • If you’re a guest in the US who has a safety concern, let your host know
  • If you attempted to reach them but haven’t heard back after at least 30 minutes, leave a voicemail and we will respond ASAP.
  • Smoking in the car
  • Fueling a vehicle with an improper type of fuel
  • Leaving a vehicle unattended while it is running or with the keys in the vehicle
  • Making fraudulent reports about a vehicle or a host
*Only CarAgeRental-approved drivers can book and drive a car during a CarAgeRental trip. To be an “Approved Driver” means that the guest has provided and updated all required documentation, continues to meet all of our requirements for booking a car, is currently in good standing, and, as per our Terms of Service, is listed on the reservation. Guests may request and be approved to add an additional Approved Driver to a trip. All drivers shall be jointly and severally liable for the trip, but the primary guest (meaning the guest who books the trip) shall remain primarily liable.

CarAgeRental LLC. and its subsidiaries (collectively, “CarAgeRental”, “we”, or “us”) care about privacy and want you to be familiar with how we collect, use, process, and disclose your personal information. This Privacy Policy describes our privacy practices in connection with our websites and applications that link to this Privacy Policy (collectively, the “Services”) and our offline interactions with you in settings where we post this Privacy Policy.

Personal information we collect


We collect three categories of personal information - personal information you give us; personal information automatically collected from your use of the Services; and personal information from third-party sources.

Personal information you give us


Reservation data. When you book a reservation with us, we require certain personal information to open your profile as a Guest, such as your name, email address, and phone.

Profile data. We may also ask you to provide additional profile information to use certain features of the Services which may include street addresses, phone numbers, driver’s license number, date of issuance and issuing country and/or state, profile photos, employer, city, school, biography, and date of birth.

Payment data. We collect your digital payment details, bank account or payment card numbers, and transaction information in connection with a potential or actual transaction, which may be processed and stored by one or more third party payment service providers or digital payments companies.

Identity verification data. In some instances, we may collect identity verification information such as a photograph or scanned copy of a driver’s license, passport, national ID card, or payment card, last four digits of your Social Security number, social insurance number, social media account information, driver’s/motor vehicle record, insurance information, or other forms of identification information. Where we request that you withhold certain information (such as obscuring or redacting aspects of identification information), please do so.

Communications. When you communicate with CarAgeRental, including via phone, email, or chat, or use the Services to communicate with other users, we collect information about your communication and any information you choose to provide.

Personal information we automatically collect.


Usage data. We collect information about your interactions with the Services, such as the pages or other content you view, your searches, bookings you have made, how long you spent on a page or screen, sites from which you link or browse to in the Services, navigation paths between pages or screens, information about your activity on a page or screen, access time, duration of access, and other actions on the Services.

Location data. When you use certain features of the Services, we may collect information about your approximate location (e.g., city/town associated with your IP address). When you opt in to use our location sharing feature, we may collect the precise location information of your mobile device. Keep in mind that most mobile devices allow you to control or disable the use of location services by any application on your mobile device in the device’s settings menu.

Device data. We collect information about your computer or mobile device, such as its operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique device identifiers, or general location information such as city, state, or geographic area.

Trip data. We collect transactional information related to the trips you take through the Services, including the date and time of your trip, amounts charged, and other related trip details.

In-vehicle device data. If a vehicle has a CarAgeRental device installed, we may remotely collect certain information about the vehicle. Depending on the make, model, and year of the vehicle, this information may include, GPS location, car battery voltage, fuel level, odometer reading, malfunction indicator lamp (e.g., a check engine light), door state (e.g., locked/unlocked), engine state (e.g., stopped/running), and VIN.

Cookies and similar technology. When you access the Services, we (including companies we work with) may place small data files on your computer or other device. These data files may be cookies, clear gifs, pixel tags, e-tags, “Flash cookies”, or other local storage provided by your browser or associated applications (collectively “Cookies”). At this time, we do not respond to browser ‘Do-Not-Track’ signals.

Personal information we collect from third-party sources.


Third-party in-vehicle devices. If your vehicle, or a vehicle you book through the Services, includes an in-vehicle device or system operated by a third-party service (including vehicle manufacturers) or installed by the host, that host or service may record information about your use of the car. These devices or systems may monitor the car's condition, performance and operation, track fuel consumption, distance traveled, location, and other information. The host and/or third-party service will be solely responsible for its use of such information but may disclose such information to CarAgeRental, which we will use in accordance with this Privacy Policy.

Background check services. To the extent permitted by applicable laws, CarAgeRental may collect background information about you from public records, background check providers, or other screening services, including credit reports and information about criminal convictions or from sex offender registries. We may use your information, including your full name and date of birth, to obtain such reports.

Other sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data, fraud detection information, or data from credit bureaus and other third-party data providers.
We may combine the information about you that we receive from third-party sources with other information we have about you.

How we use your personal information


We use, store, and process your personal information to provide and improve the Services and for security and safety purposes. For example, we may use your information:

To provide the Services, including to:

  • Provide and operate the Services
  • Provide customer support
  • Send you service, support, and administrative messages, reminders, technical notices, updates, security alerts, and information requested by you at any telephone number, by placing a voice call or through text (SMS) or email messaging
  • Process transactions and send notices about your transactions
  • Personalize or customize your user experience
  • Enable you to communicate with other parties, including by sending them messages or other information during the booking process
  • Facilitate your referral invitations
  • Send your requests for reviews, for fraud detection and prevention, and for any purpose you authorize at the time of collection
  • Administer referral programs, rewards, surveys, contests, or other promotional activities or sponsored events in which you participate

For research and development:

We may use your personal information to analyze and improve the Services and to develop new products and services, including by studying our user demographics of the Services. We may also create aggregated, de-identified, or other anonymous data from your personal information. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business.

For marketing and advertising:

We and our third party advertising partners may collect and use your personal information for marketing and advertising purposes:

Direct marketing. We may send you CarAgeRental-related marketing communications as permitted by law. You will have the ability to opt-out of our marketing and promotional communications by contacting us at info@caragerental.com.

Interest-based advertising. We may contract with third party advertising and social media companies to display ads on the Services and other sites. These companies may use cookies and similar technologies to collect information about you (including the device data, online activity data, and/or geolocation data described above) over time across our Services and other sites and services or your interaction with our emails, and use that information to serve ads that they think will interest you. These ads are known as “interest-based advertisements”. You can learn more about your choices for limiting interest-based advertising, in the Interest-based advertising choices section below.

For security and safety, including to:

  • Verify your identity or authenticate information that you provide, including during profile creation
  • Resolve disputes, collect fees, and troubleshoot problems
  • Detect, prevent, and/or remediate fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities
  • Determine your likelihood of getting into an accident or of making an insurance claim, such as by checking your auto insurance score
  • Using information from your mobile or in-vehicle device to identify unsafe driving behavior, including speeding or harsh braking and acceleration, and to raise awareness regarding such behaviors
  • Detect, prevent, or remediate violations of and enforce our Terms of Service and Policies.
  • Manage and protect our information technology infrastructure
  • Conduct investigations and risk assessments
  • Conduct checks against databases and information sources (such as but not limited to public government databases)
  • Perform creditworthiness and solvency checks

To comply with law:

We use your personal information as we believe necessary or appropriate to comply with applicable laws, lawful requests, and legal processes, such as to respond to subpoenas or requests from government authorities.

With your consent:

In some cases, we may specifically ask for your consent to process your personal information.

We may also use your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

How we disclose your personal information


With your consent


We may share your information at your direction or with your consent.

Sharing between hosts and guests


If you agree to a booking through the Services, we may provide your information to the other party in that transaction as reasonably necessary to facilitate the transaction. For example, CarAgeRental may provide your mobile phone number to facilitate communication, your driver's license information to confirm license validity, or your photograph to facilitate identification. We will also share the proposed delivery location with the other party. You have the right, but not the obligation, to take pictures reporting the condition of the vehicle prior to the start of the trip and send it to trips@caragerental.com with the Subject Line stating “Pre-Trip Photos - Reservation#(number of your reservation)”.

Service providers


We may share information with vendors and service providers who support the operation of the Services and business and who need access to such information to carry out their work for us (including, for example, web hosting, analytics, payment processing, email delivery, marketing, insurance, claims administration, and customer support services). In some cases, the service provider may directly collect the information from you on our behalf. These service providers may use your personal information only as directed or authorized by us.

Third-party platforms and social media networks


If you have enabled features or functionality that connect the Services to a third-party platform or social media network (such as by logging in to the Services using your account with the third party, providing your API key or similar access token for the Services to a third party, or otherwise linking your Services account to a third-party’s services), we may disclose to the third-party platform or social media network the personal information necessary to facilitate the connection or that you authorized us to share. We do not control the third party’s use of your personal information.

Professional advisors


We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors, and insurers, where necessary in the course of the professional services that they render to us.

Business transfers


We may sell, transfer, or otherwise share some or all of our business or assets, including your personal information, in connection with a business transaction (or potential business transaction) such as a corporate divestiture, merger, consolidation, acquisition, reorganization, or sale of assets, or in the event of bankruptcy or dissolution.

Responding to legal requests, preventing harm, and protecting our rights


We may disclose your personal information to courts, law enforcement, governmental or tax authorities, or third parties. We will make such disclosure to the extent we are required or permitted to do so by applicable law or where we consider such disclosure is reasonably necessary to comply with our legal obligations or legal process, to respond to claims asserted against us, and for the security and safety purposes described above. We may also disclose your information in response to valid legal requests relating to criminal investigations or alleged or suspected illegal activity or any other activity that may expose CarAgeRental, you, or any other user, or to protect the rights, property, or personal safety of CarAgeRental, our users, or others.

We may also disclose your personal information as described elsewhere in this Privacy Policy or as disclosed to you at the time of collection.

Your preferences and choices


Correct and update


You can review, correct, update, and edit certain information that has been previously provided to us by you at any time by sending us an email at info@caragerental.com with the Subject Line: “Information Update - (Your Name)” and including all the necessary requested changes in the e-mail. For your protection, we may need to verify your identity before implementing your request.

Account closure


If you wish to close your account and request deletion of your personal information, please send an email to info@caragerental.com with a Subject Line: “Account Closure - (Your Name)”.

Please note that we may be unable to delete information needed to comply with applicable laws, detect or prevent fraud, collect any fees owed, resolve disputes, assist with or process claims, troubleshoot problems, assist with any audits and investigations, to enforce our Terms of Service and Policies, and take other actions reasonably necessary, permitted, or required by applicable law. There may also be residual information that will remain within our databases and other records, which will not be removed.

Interest-based advertising choices


Your choices for limiting use of your personal information for interest-based advertising include:

Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.

Using privacy plug-ins or browsers. You can block sites from setting cookies for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party cookies/trackers.

Choosing not to share your personal information


Where we are required by law to collect your personal information, or where we need your personal information in order to provide the Services to you, if you do not provide this information when requested (or we later delete it at your request), we may not be able to provide you with the Services.

Security


We employ a number of technical, physical, and organizational measures designed to protect information against unauthorized access, destruction, or alteration while it is under our control. However, no method of transmitting or storing information can be 100% secure and we cannot guarantee the security of your personal information.

Other important information


Cross border transfer


The Services are controlled and operated from the United States. Your personal information may be used, stored, and processed in any country where we have facilities or in which we engage service providers. These locations may be outside of your state, province, or country of residence, and may have different and/or less protective data protection rules than those of your state, province, or country. As a result, this information may be subject to access requests from governments, courts, regulatory agencies, security authorities, or law enforcement in those jurisdictions according to the laws in those jurisdictions.

Sensitive information


We ask that you not send us, and you not disclose, any sensitive information (e.g., Social Security numbers, social insurance numbers, passports, information related to racial or ethnic origin, or health) on or through the Services or otherwise to us unless specifically requested.

Children


The Services are not intended for anyone under the age of 18 and we do not knowingly collect personal information from users under the age of 18. If a child under the age of 18 has already provided us with personal information, his or her parent or guardian may contact us to request that we delete it.

Third-party privacy practices


This Privacy Policy addresses only the use and disclosure of information collected by CarAgeRental. This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. If you disclose your information to others, or if you are directed to a third-party website, their privacy notices and practices will apply.

Translations


Where CarAgeRental has provided you with a version of this Privacy Policy in a language other than English, in case of any wording discrepancies between such version and the English version, the English wording takes precedence.

Changes to this privacy policy


We may change this Privacy Policy. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services or as otherwise indicated. Your use of the Services following these changes means that you accept the revised Privacy Policy. If you don’t agree to these changes, you can contact us to close your account.

Contact


CarAgeRental welcomes your questions and comments about privacy. Please feel free to contact us at info@caragerental.com.

Information for California residents


Scope. This section applies only to California residents entitled to receive the information in this section under the California Consumer Privacy Act of 2018 ("CCPA"). It describes how we collect, use, and share Personal Information of California residents when we act as a "business" as defined under the CCPA, and their rights with respect to their Personal Information. For purposes of this section, "Personal Information" has the meaning given in the CCPA but does not include information excluded from the scope of the CCPA. In some cases, we may provide a different privacy notice to certain categories of California residents, such as job applicants, in which case that notice will apply instead of this section.

Your California privacy rights.

As a California resident, you have the rights listed below.

Information. You can request the following information about how we have collected and used your Personal
Information:

  • The categories of Personal Information that we have collected
  • The categories of sources from which we collected Personal Information
  • The business or commercial purpose for collecting Personal Information
  • The categories of third parties with whom we share Personal Information
  • Whether we have disclosed your Personal Information for a business purpose, and if so, the categories of Personal Information received by each category of third-party recipient
  • Whether we have sold your Personal Information, and if so, the categories of Personal Information received by each category of third-party recipient

Access. You can request a copy of the Personal Information that we have collected about you during the past 12 months.

Deletion. You can request that we delete the Personal Information that we have collected from you.

Nondiscrimination. You are entitled to exercise the rights described above free from discrimination in the form of any unlawful denial of service, increase in the price of services, decrease in service quality, or suggestion that you may be penalized for exercising your rights.

We do not sell your Personal Information


Based on our understanding of the term "sell" under the CCPA, we do not sell personal information to third parties and have not sold Personal Information during the twelve months preceding the "last revised" date of this Privacy Policy. However, like many companies online, we use services provided by Google, Facebook, and others that help deliver interest-based ads to you as described in the section above entitled Interest-based advertising. We describe how you can opt-out of use of your Personal Information for interest-based advertising in the section entitled Interest-based advertising choices.

How to exercise your rights


You can request to exercise your information, access, and deletion rights by contacting us at info@caragerental.com.
We may decline your request where required or permitted by law. We will need to confirm your identity to process your requests and we reserve the right to confirm your California residency as well. Government identification may be required. You may designate an authorized agent to make a request on your behalf by providing a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification. We cannot process your request if you do not provide us with sufficient detail to allow us to understand and respond to it. You should transmit your government-issued identification or any other sensitive information to us only as instructed. Email is not a secure means of communication and you should not email your government-issued identification or any other sensitive information to us.

Information for users in the United Kingdom and Europe


The information in this section applies only to individuals in the United Kingdom and the European Economic Area (“Europe”).

Personal information. Except as otherwise specified, references to “personal information” in this Privacy Policy are equivalent to “personal data” governed by European data protection legislation.

Controller. CarAgeRental LLC. is the controller of your personal information covered by this Privacy Policy for purposes of data protection legislation in the United Kingdom and Europe. You may contact us at info@caragerental.com.
Legal bases for processing. The legal bases of our processing of your personal information as described in this Privacy Policy will depend on the type of personal information and the specific context in which we process it. If you have questions about the legal basis of how we process your personal information, contact us at info@caragerental.com.

Use for new purposes. We may use your personal information for reasons not described in this Privacy Policy where permitted by law and the reason is compatible with the purpose for which we collected it. If we need to use your personal information for an unrelated purpose, we will notify you and explain the applicable legal basis.

Retention. We retain personal information where we have an ongoing legitimate business need to do so (for example, to provide you with a service you have requested; to comply with applicable legal, tax, or accounting requirements; to establish or defend legal claims; or for fraud prevention). When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Cross-Border Data Transfer


If we transfer your personal information from Europe to a country outside of Europe such that we are required to apply additional safeguards to your personal information under European data protection laws, we will do so, for example, by implementing the standard contractual clauses adopted by the European Commission. Similarly, if we transfer your personal information from the United Kingdom to a country outside of the United Kingdom such that we are required to apply additional safeguards to your personal information under data protection laws of the United Kingdom, we will do so, for example, by implementing the applicable standard contractual clauses. Please contact us at info@caragerental.com for further information about any such transfers or the specific safeguards applied.

CarAgeRental LLC identified as “Host” and the person under Guest Information as “Guest” on the Trip Summary above were connected online through a website, mobile application, and/or associated services provided by CarAgeRental LLC. (collectively, the “C.A.R. Services”). As part of connecting through the C.A.R. Services, the Host and Guest agreed to be bound by the C.A.R. Terms of Service.

There is important information below that you should review and understand, regardless of whether you are a Guest or Host. The above Trip Summary and this Rental Agreement are collectively referred to as the “Agreement” and relate to the Trip detailed in the Trip Summary.

1. Definitions. "Guest" refers to the person/entity who is using the Services of CarAgeRental LLC (identified in the Rental Agreement provided to each guest at the time of successfully booking their trip). “Agreement” means all terms and conditions found in this form and on the document titled Face Page. “You” or “your” means the person identified as the Guest in this Agreement, each person signing this Agreement, each Authorized Driver and each person or organization to whom charges are billed by us at its or the Guest's direction. All persons referred to as “you’ or “your” are jointly and severally bound by this Agreement. “We”, “our” or “us” refers to CarAgeRental LLC in this Agreement that is renting the Vehicle to you. “Authorized Driver” means the Guest and each additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and is at least age 18. Only Authorized Drivers are permitted to operate the Vehicle ‘‘Vehicle” means the automobile or truck identified in this Agreement and each vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. This Vehicle may be equipped with an electronic locator device. Guest releases Host and agrees to indemnify, defend and hold harmless Host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation Guest, an Approved Driver(s) and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by Guest, a Approved Driver or Host. “Extras” means but is not limited to optional child seats, global positioning systems, ski racks, toll transponders and/or other products and services selected by Guests. “CDW” means Collision Damage Waiver. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Physical Damage does not include comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other loss not caused by collision or upset. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental, including uses other than for rental, such as display for rent, display for sale, opportunity to upgrade, opportunity to sell, or transportation of employees. Damages for Loss of Use are often difficult to determine with precision. Therefore, you and we agree that Loss of Use will be calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired times 80% of the daily rental rate. You and we agree this formula represents a reasonable estimate of actual damages and not a penalty. “Diminished Value” means the actual cash value of the Vehicle just prior to damage or loss less the value of the Vehicle after repair or replacement. “Vehicle License Cost Recovery Fee” means our good faith estimate of the daily charge necessary for to recover our actual total annual costs to license, title, register, plate, inspect or pay excise tax costs on our rental fleet. “Reservation Period” means the period between the time Guest takes possession of the Vehicle until the Vehicle is returned or recovered and in either case, checked in by Guest. “Trip Photos” means photographs attached to the Rental Agreement.

2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from or arising out of this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose. Guest agrees Guest received the Vehicle and any Extras in good physical and mechanical condition, unless otherwise identified in Trip Photos. Guest is taking possession of the Vehicle and any Extras “as-is” and has had an adequate opportunity to inspect the Vehicle and any Extras and their operation. Host excludes all warranties, both express and implied, with respect to the Vehicle and any Extras, including any implied warranty of merchantability or fitness for a particular purpose. Guest agrees not to alter or tamper with the vehicle or any Extras. If Guest or Approved Driver(s) determines the Vehicle or any Extra is unsafe, Guest or Approved Driver(s) shall stop operating the Vehicle and any Extra and notify Host immediately.

3. Condition and Return of Vehicle. You must return the Vehicle to the location specified in this Agreement, on the date and time specified in this Agreement, and in the same condition that you received it except for ordinary wear. If You return the Vehicle more than 1 hour after the date and time specified in this Agreement, You will be charged for an additional half day of rental. If You return the Vehicle more than 3 hours after the date and time specified in this Agreement, You will be charged for an additional full day of rental. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels and return the Vehicle with the same amount of fuel as when rented.

4. Delivery and Return with a Concierge. If a concierge has already been dispatched to deliver or pick up a Vehicle, You have up to 30 minutes to meet him at the location and time specified in this Agreement. After 30 minutes grace period, You will incur a charge of $50 and an additional charge of $50 per every half hour after that until You arrive.

5. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Tolls and Traffic Violations. You are responsible for all damage to, or loss or theft of, the Vehicle, including damage caused by weather, road conditions and acts of nature, whether or not you are at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use, Diminished Value, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying to the appropriate 3rd party all tolls, parking, traffic and toll violations, toll evasion fines, citations, other fees, penalties, forfeitures, court costs, towing, and storage charges occurring during this rental. If you fail to pay the charging entities and we pay all or any of the charges on your behalf, you will reimburse us for all such costs and, in addition, pay us an administrative fee of $50 for each such charge.

6. Accidental Damage \ Collision Damage Waiver. If you purchase CDW, we waive your responsibility for a portion of Physical Damage to the Vehicle. We will not waive this right if the Vehicle was rented or an Authorized Driver was approved as a result of fraudulent information provided to us, or if the damage or loss: (a) is caused intentionally, willfully or wantonly by an Authorized Driver; (b) occurs while an Authorized Driver operates the Vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined and determined under the law of the State where the damage occurs; (c) is caused while you are engaged in any speed contest; (d) occurs while pushing or towing anything, or carrying persons or property for hire, unless specifically authorized elsewhere in this Agreement; (e) occurs while the Vehicle is being driven outside the United States or Canada, unless specifically authorized elsewhere in this Agreement; (f) occurs while the Vehicle is being driven, with the renter’s permission or accession, by anyone other than an Authorized Driver; (g) is a result of the commission of a felony by an Authorized Driver.

7. Injury to Others; Insurance. You are responsible for all injury, damage and loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to all other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. The Policy is void if you breach this Agreement or if you fail to cooperate in a loss investigation conducted by us or our insurer. Giving the Vehicle to an unauthorized driver terminates coverage under the Policy.

8. Charges. You permit us to reserve against your credit/debit card at the time of rental a reasonable amount in addition to the estimated charges. You will pay us at or before the conclusion of this rental or on demand all charges noted on the Face Page of this Agreement, plus: (a) a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) fuel and a refueling charge, if you return the Vehicle with less fuel than when rented; (c) a charge for the total cost of all tolls billed to your Vehicle's SunPass throughout the term of your rental; (d) all expenses we incur recovering the Vehicle, if it is not returned as promised; (e) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (f) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after the rental concludes; (g) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (h) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented. All charges are subject to our final audit. If errors in computation of the charges are discovered after the close of this transaction, you authorize us to correct the charges with your credit/debit card issuer.

9. Deposit. We may use your deposit to pay all amounts owed to us under this Agreement.

10. Your Property. You release us, our agents and employees from all claims for loss of and damage to your personal property or that of another person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in a service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. No bailment is or shall be created upon Host, whether actual, constructive or otherwise, for any personal property carried in or left in the Vehicle or on Host’s premises. Guest acknowledges that any personal data or information downloaded or transferred to the Vehicle may not be secure and may be accessible after the Reservation Period. Guest releases Host from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.

11. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement.

12. Extension of Rental Period. If you wish to extend the rental period, you must submit a request to us by contacting at either +15077221010 or by email at info@caragerental.com; all requests for any extensions to the term of your order are subject to our approval. If we have not approved the requested rental extension, the Vehicle must be returned at the date and time and location specified by the initial Agreement. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

13. Miscellaneous. A waiver by us of a breach of this Agreement is not a waiver of an 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 our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If a provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

14. Cancellation Policy.  If a Guest pays for his/her trip he understands that he is not guaranteed a full refund in case Guest wants to cancel his trip, CarAgeRental can only provide an e-credit which can be applied toward future rental reservations with CarAgeRental at this time, please plan your trips carefully.