Silvercar, Inc.

Vehicle Rental Terms and Conditions



  1. Rental Agreement (“RA”). The terms and conditions listed below and other vehicle rental transaction documents, the membership terms and conditions and a return record with computed fees and charges shall collectively constitute the RA between you and Silvercar, Inc. (“Silvercar”) for the vehicle selected by you at the time of rental.


  1. Vehicle (“vehicle”). Vehicle means the vehicle selected and rented to you and its replacement, including all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the vehicle.


  1. Who May Drive the Vehicle – Authorized Driver. Only you, your spouse or domestic partner, a full time fellow employee incidental to your business duties during the rental period or an additional driver specifically qualified and authorized, at the time of rental, by Silvercar to drive the vehicle may drive the vehicle, but only with your express prior permission (“authorized driver”). You represent that you and any authorized driver are capable and validly licensed drivers. Any authorized driver of the vehicle must be at least 25 years old and must be a capable and qualified driver in possession of validly issued driver’s license. You agree that Silvercar has the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing and that Silvercar may refuse to rent to you, terminate the RA or refuse to allow others to drive the vehicle, if the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise restricted.


  1. Time for Return of the Vehicle. You must return the vehicle on the date and at the time indicated in the RA and you must return it immediately on demand from Silvercar. Failure to return the vehicle at the time provided for in the RA will result in you being in unlawful possession of the vehicle and Silvercar may then seek to have a warrant issued for your arrest and the arrest of any person in possession of the vehicle. If you return the vehicle earlier or later, a higher rate may apply and, if you return the vehicle later, you may also be charged a late return fee. You may not return the vehicle at a time when Silvercar is closed. If you do, your responsibility for damage to or loss of the vehicle will continue and all charges stated on the RA as a periodic rate will continue to accrue until the Silvercar location reopens and Silvercar checks the condition and retakes possession of the vehicle. If Silvercar does not find the vehicle when that location reopens, your responsibility for all charges and for damage to or loss of the vehicle will continue until the vehicle is actually returned or recovered by Silvercar. If you wish to extend any rental you must contact Silvercar before your return date as specified on the RA at 855-359-2227 and seek an extended return date, which Silvercar may or may not grant, at Silvercar’s sole discretion. If Silvercar does grant an extension, a different or higher rate and a service/administrative fee of up to $100 may apply to the extension period.


  1. Condition of the Vehicle Upon its Rental from and Return to Silvercar. You are required to inspect the interior and exterior of the vehicle prior to leaving the Silvercar rental location to determine if the vehicle has any damage and to report any such vehicle damage to Silvercar prior to leaving the Silvercar location and then to return the vehicle to Silvercar in the same condition as when you received it, normal wear and tear excepted.


  1. Place for Return of the Vehicle. The vehicle must be returned to the Silvercar return location specified in the RA. If return is indicated to a location other than the location where your rental commenced, you may have to pay a “one way service fee”. If you return the vehicle to a different location from the agreed return location without Silvercar’s prior permission, you agree to pay any applicable unauthorized return location fees specified by Silvercar.


  1. Prohibited Use of the Vehicle which voids LDW. It is a violation of this RA if you use or operate or permit the vehicle to be used or operated:

  1. by anyone not an authorized driver, as per Section 3 of this RA;

  2. by anyone who has provided false or fraudulent information to Silvercar and Silvercar would not have rented the vehicle if it had received true or accurate information;

  3. to carry persons for hire or other commercial use; to tow or push anything;

  4. in a speed test or contest; in a driver training activity; or on unpaved roads;

  5. by anyone who is under the influence of alcohol, drugs or other similar substance likely to impair the driver’s judgment or driving ability;

  6. in connection with conduct that could properly be charged as a felony;

  7. in an intentional, willful or reckless manner, such as;

  1. when the vehicle is loaded beyond its rated capacity; or contains dangerous or illegal materials or substances;

  2. with more passengers than available seatbelts or with any vehicle occupant not using their seat belt;

  3. transporting children without using properly installed child safety seats/restraints;

  4. while texting, emailing or using a cellular phone or other mobile communication device;

  5. when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the vehicle; or

  1. outside the United States, such as in Mexico or Canada.


  1. Additional Violations of RA which may void LDW: It is also a violation of the RA if you or any other driver:

  1. fails to immediately report any damage to or theft of the vehicle when it occurs or when it becomes known, to Silvercar and to the local police authorities;

  2. fails to promptly provide Silvercar or the local police authorities with a comprehensive written accident/incident report at the scene of the accident or fails to fully cooperate with Silvercar’s or the police authority’s investigation efforts;

  3. fails to fully and promptly cooperate with Silvercar in any claim process or litigation resulting from an accident or claim involving the vehicle;

  4. fails to remove the keys (excluding valet parking situations) or close and lock all doors, or fail to close all windows and the trunk when you leave the vehicle and the vehicle is then stolen or vandalized;

  5. allows smoking or pets in the vehicle, other than certified assistance animals; or

  6. are too sleepy or drowsy to safely operate the vehicle;


  1. Miscellaneous Charges. You will pay for the period of time you rent the vehicle at the rate indicated in the RA, plus, if applicable, the number of miles you drive. The minimum charge is one 24 hour day, plus mileage, if applicable. Silvercar will determine the miles driven from the vehicle odometer at time of rental and at time of return. The daily charge applies to consecutive 24 hour periods starting with the time of rental. You will also pay all charges that apply to the rental for early and late return, for additional and underage drivers, for car seats and other miscellaneous services and for airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and other fees and surcharges specified in the RA, as well as for all applicable taxes and tax-related surcharges.


  1. Late Return Additional Charges. The daily rental charge is based on a 24 hour rental day starting with the time of rental. If the vehicle is returned less than 30 minutes beyond the end of the 24 hour rental day period, there will be no additional charge. If the vehicle is returned more than 30 minutes but less than 90 minutes beyond the end of the 24 hour rental day period, there will be an additional charge equal to 50% of the daily rental rate charged on the RA plus 50% of any charges on the RA for insurance, additional services or other miscellaneous charges. If the vehicle is returned more than 90 minutes beyond the end of the 24 hour rental day period, there will be an additional charge equal to 100% of the daily rental rate charged on the RA plus 100% of any charges on the RA for insurance, additional services or other miscellaneous charges.


  1. Loss Damage Waiver. Loss Damage Waiver (LDW) is not insurance and is not mandatory. If you accept LDW, you will be responsible to pay the daily LDW rate for each full or partial day that the vehicle is rented to you. If you accept and pay for LDW, Silvercar will assume all loss or damage to the vehicle, except for damage or loss caused by any prohibited use specified in Section 7 and 8 of this RA, where permitted by applicable state law.


  1. Damage to/Loss of the Vehicle. If you do not accept LDW, or if you accept LDW but the vehicle is lost or damaged as a result of a prohibited use specified in Section 7 or 8 of this RA, you will be responsible to pay Silvercar for all loss of or damage to the vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, Silvercar’s Incidental Costs, as noted below. If the vehicle is damaged, you will pay Silvercar’s estimated repair cost, or if Silvercar decides to sell the vehicle in its damaged condition, you will pay Silvercar the difference between the vehicle’s fair market value before it was damaged and the actual sale proceeds received by Silvercar. You may, where and to the extent permitted by applicable state law, also be liable to Silvercar for loss of use of the vehicle (which is the number of days it takes to repair the vehicle and return it to rental condition times the applicable daily rental rate less any saved expenses); diminished vehicle value (which is the difference between the fair market value of the vehicle before it was damaged and after it is repaired); towing and storage charges, and any other related costs and expenses incurred by Silvercar (collectively “Incidental Costs”); plus an administrative fee of up to $150. If the vehicle is stolen and not recovered within 30 days you will pay Silvercar the vehicle’s fair market value before it was stolen plus an administrative fee of up to $150. If your responsibility is covered by insurance, you will provide Silvercar with the name of the insurer, your policy number and contact information for the insurer and you authorize Silvercar to submit a claim for any of Silvercar’s losses or damages, including Incidental Costs and any administrative fees to your insurance company upon completion of your rental. However, you remain liable to Silvercar for any losses sustained by Silvercar in excess of what your insurance covers. Additionally, you agree to pay Silvercar for any deductible or other amounts due to Silvercar that is not covered by your insurance or paid to Silvercar by your insurance company.


  1. Fuel Service Charge. All vehicles are rented with a full tank of fuel and Silvercar requests that you return the vehicle with a full tank of fuel. However, if you return the vehicle with less fuel than when you received it, Silvercar will charge you a fuel service charge at the applicable rate specified in the RA. To calculate this charge, Silvercar will calculate the number of gallons of fuel needed to refill the vehicle’s fuel tank (based on the vehicle’s gas gauge and the capacity of the vehicle’s fuel tank), and then multiply by the prevailing per gallon pump price of premium fuel in the area plus a $5.00 service fee.


  1. Fines, Penalties, Expenses and Costs. You will pay all fines, penalties and court costs for parking, traffic, toll and other violations, tow and storage charges and any other related costs and expenses incurred by Silvercar, including reasonable attorney’s fees.


  1. Cleaning Fees. Silvercar maintains a clean and smoke free fleet of vehicles. You are expected to return the vehicle in the same clean and smoke free condition. You will pay a $200 fee for cleaning the vehicle’s interior and exterior upon its return if there are any unusual stains, smells (including cigarette and cigar smells), dirt or soil in or on the vehicle attributable to animals, pets or to any other use of the vehicle.


  1. Key Replacement Costs. You will be responsible for the costs incurred by Silvercar to replace the key(s) to the vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the vehicle to Silvercar.


  1. Traffic/Parking Violations. You are responsible for any and all traffic and parking violations while you are in possession or control of the vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violation, plus any late payment and applicable processing fees due to the governing municipality. In addition, you will be responsible for all cost and expenses incurred by Silvercar plus an administrative fee of up to $100 per violation.


  1. Liability Insurance/Protection. An authorized driver of the vehicle, as those terms are defined by the RA, may, under certain circumstances, be considered an insured under certain Silvercar insurance policies. Except where required by law to be primary, any insurance protection provided by Silvercar shall be secondary to, and not in excess of, any applicable insurance available to you, or any other authorized driver, from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the vehicle causes “bodily injury” or “property damage” (as those terms are defined in Silvercar’s pertinent insurance policies) to others. The foregoing insurance protections shall meet the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of the RA, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the jurisdiction where the accident occurs. Silvercar has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both. A copy of Silvercar’s liability insurance policy and/or self-insurance certificate can be made available for your inspection, upon reasonable prior request, at Silvercar’s headquarters or other location of Silvercar’s choosing.


  1. Waiver of Insurance/Protection. Unless required by governing law, Silvercar will not provide (and you waive) insurance protection for: (a) your death, bodily injury or damage to your property or other property within the vehicle if you or another is the driver of the vehicle; or (b) the death, bodily injury or property damage of any member of your family, the vehicle’s driver’s family or a fellow employee of you or the driver. Unless required by governing law, Silvercar will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, then such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, you and Silvercar reject and waive any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance in connection with the RA for you and all other passengers in the vehicle.


  1. Supplemental Liability Insurance (SLI) & Exclusions. Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from Silvercar. Silvercar has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.


  1. Personal Effects Insurance (PEI). Additional insurance for the protection of your personal effects may be available to you if you purchase PEI as part of the rental transaction. PEI is an insurance coverage administered and provided by an independent insurance company (and the terms, conditions, cost, amount of coverage, restrictions and exclusions of PEI are available in the PEI brochure available on request from Silvercar. Silvercar has no authority or power to control the terms of PEI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning PEI coverage.


  1. Personal Accident Insurance (PAI). Additional Personal Accident Insurance may be available to you if you purchase PAI as part of the rental transaction. PAI is an insurance coverage administered and provided by an independent insurance company and the terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the PAI brochure available on request from Silvercar. Silvercar has no authority or power to control the terms of PAI coverage or to administer any claims under PAI and shall not be responsible or liable in any respect concerning PAI coverage.


  1. Indemnification and Waiver. You agree to indemnify and hold Silvercar harmless from, any loss, liability and expense that Silvercar incurs arising out of your use of the vehicle, including reasonable attorney’s fees: (a) which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction, or the limits of any liability protection that Silvercar furnishes to you, or (b) which results from any unauthorized use or prohibited operation of the vehicle as specified in sections 8 and 9 above.


  1. Repossessing the Vehicle. Silvercar shall have the right to repossess the vehicle at any time, without prior notice to you, if it is found illegally parked, being used in violation of the law or the terms of the RA or appears to be abandoned. If the vehicle is repossessed, you agree to pay all actual and reasonable costs incurred by Silvercar in the repossession process.


  1. Credit Card Charge/Reserve. You will pay at the end of the rental or on demand by Silvercar all charges, fees, expenses, taxes, surcharges and other amounts due to Silvercar pursuant to the RA (including Incidental Costs) and you authorize Silvercar, from time to time, to charge your credit card for the full amount(s) due to Silvercar pursuant to the RA. You acknowledge that if you use a credit card your available credit, up to an amount of the estimated total charges due under the RA plus an additional $200 may be reserved or set aside by the card issuer. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that Silvercar will authorize the release of any excess reserve or set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the rental of the vehicle.


  1. Collections. If you do not pay all amounts due to Silvercar under the RA upon demand, you agree to pay a late charge of 1 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). You agree to also pay for any costs that Silvercar incurs in seeking to collect such Charges, including, without limitation, court costs and reasonable attorney’s fees in addition to an administrative fee of up to $150, cost recovery expenses, insufficient funds fees and collection fees.


  1. Errors in Charges/Fees. The charges and fees shown on the return record are not final and are subject to review by Silvercar. You will pay any undercharge, and you will receive a refund for any overcharge, Silvercar discovers on review.


  1. Lost or Damaged Property. Silvercar is not responsible for loss of or damage to any personal property in or on the vehicle, in any service vehicle, Silvercar’s premises, whether or not received or handled by Silvercar.


  1. Voiding of Rental, Optional Services and Insurance Coverages. ANY VIOLATION OF THE PROVISIONS OF THE RA, SUCH AS USE OF THE VEHICLE BY AN UNAUTHORIZED DRIVER OR OTHER VIOLATION OF THE PROHIBITED USES, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND THE RENTAL AGREEMENT AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES OR INSURANCE COVERAGES THAT YOU HAVE ACCEPTED, INCLUDING SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL EFFECTS INSURANCE, PERSONAL ACCIDENT INSURANCE AND LOSS DAMAGE WAIVER.


  1. Changes to the RA. Any change to any provision in the RA must be agreed to by a duly authorized representative of Silvercar.


  1. Global Positioning Satellite System. The vehicle is equipped with a device that allows Silvercar to use a global positioning satellite, as and to the extent permitted by applicable state law, to track, locate and/or disable the vehicle and to provide such information and capability to law enforcement agencies at any time and especially if you fail to return the vehicle when and where required under the RA or otherwise violate any provision of the RA.


  1. Emergency Systems. For your comfort and safety, the vehicle is equipped with a device which may provide a link to access available emergency and other third party service providers.


  1. E-Toll: If you use e-Toll, TxToll or similar automatic toll charge system, you will be charged at time of return or thereafter for all incurred tolls incurred during the rental period based upon the applicable actual toll charge.


  1. Miscellaneous.


  1. Failure by Silvercar to complain of any action or non-action on your part, no matter how long that situation may continue, shall not be deemed to be a waiver by Silvercar of any of its rights as provided in the RA. No waiver at any time of any of the provisions in the RA by Silvercar shall be construed as a waiver of any other provision in the RA and a waiver at any time of any of the provisions in the RA shall not be construed as a waiver at any subsequent time of the same provisions.


  1. You waive and release any claim against Silvercar for incidental, special or consequential damages in connection with the vehicle rental.


  1. If any term or provision of the RA, or its application to any person or circumstance shall, to any extent, be invalid, unenforceable or otherwise contrary to applicable law, the remainder of the RA, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid, unenforceable or contrary to applicable law, shall not be affected, and each term and provision of the RA shall be valid and enforceable to the fullest extent permitted by law.


  1. The RA shall be governed by and construed under the laws of the State of Texas.


  1. In the event of any legal or administrative proceedings between you and Silvercar arising out of or relating to the terms of the RA, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs expenses and reasonable attorneys' fees from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.


  1. You and Silvercar agree:


  1. to submit to exclusive arbitration under the rules of the American Arbitration Association any disputes relating to the RA and/or your use or possession of the vehicle and that any such arbitration shall be conducted exclusively in Travis County, Texas and in no other jurisdiction;

  2. to give up your right to have a trial by jury;

  3. to give up your right to serve as a representative, as a private attorney general or in any other representative capacity, or to participate as a member of a class of claimants, in any lawsuit against Silvercar involving any dispute;

  4. to file any claim against Silvercar within one (1) year after the date of the RA or such claim will be forever barred.


  1. State Specific Provisions. The following provisions apply to rentals occurring in the applicable States:


Texas


Notice to Texas Renters Regarding Damage Waivers


NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.


Notice to Texas Residents Regarding Damage Waivers


Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to non-renew your policy at your renewal date, but may do so only if you are at fault for the claim.


Voiding of Loss Damage Waiver


Silvercar may not void a loss damage waiver unless

(1) an authorized driver causes the damage intentionally or by willful and wanton misconduct;

(2) the damage arises out of use of the vehicle:

  1. by a person:

    1. who is not an authorized driver;

    2. while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or

    3. while engaged in commission of a crime other than a traffic infraction;

  2. to carry persons or property for hire;

  3. to push or tow anything;

  4. for driver's training;

  5. to engage in a speed contest; or

  6. outside the continental United States, unless the rental agreement specifically authorizes the use; or

(3) the rental company entered into the rental transaction based on fraudulent information supplied by the renter.


California


NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER


You are responsible for all collision damage to the rented vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the vehicle, and towing, storage, and impound fees.


Your own insurance, or the issuer of the credit card you use to pay for the car rental transaction, may cover all or part of your financial responsibility for the rented vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.


Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.


The rental company will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if you use or operate or permit the vehicle to be used or operated:


The cost of an optional damage waiver is $28 for every (day or week).


CHILD RESTRAINT SYSTEM


California law requires all children under 8 years of age who weigh les than 80 pounds to be transported in the back seat of the vehicle in a child restraint system. Silvercar is required to provide for rental a child restraint system if you do not have a child restraint system yourself.


Silvercar RA #08 - 2013