1. These terms and conditions, the rental document signed by you, and a return record with computed rental charges together constitute the rental agreement between yourself and Aviscar Inc., or the independent Avis System Licensee identified on the rental document (“Avis”).
2. You rent from us the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below and on the other panels of this Rental Document Jacket provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Avis. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
3. Changes. Any change in this rental agreement or our rights must be in writing and signed by an authorized Avis officer.
4. Meaning of “Car”. The word “car” in this agreement means the vehicle rented whether a car or truck, or its replacement, and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in this rental agreement.
5. Who May Drive the Car. You represent that you are a capable and validly licensed driver for the class of car you are renting from us. You agree that we have the right to verify that your license has been validly issued and is in good standing; and that we may refuse to rent to you if your license has been suspended, revoked or otherwise restricted in any way. We reserve the right to deny rentals based upon information provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating identity. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the car, but only with your prior permission. The other driver must be at least 25 years old and must be a capable and validly licensed driver for the class of car you are renting from us. There may be a charge for each additional driver authorized to drive the car, which charge is specified on the rental document.
6. Return of the Car. You must return the car in the same condition you received it, ordinary wear and tear excepted, on the date and at the time indicated on the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You may not return the car at a time when we are closed. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. If we do not find the car when that location reopens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at 1-888-897-8448 to request it before your return date. We may or may not grant an extension or grant it for the entire period you request, in our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
7. Where You’ll Return the Car. The car must be returned to the agreed return location as specified on the rental document. If return is indicated to a location other than the location where your rental commences, you may have to pay a “one way service fee”. If you return the car to a different location from the agreed return location without our permission, you agree to pay the “unauthorized return location fee” specified by us.
8. Rental Charges. You will pay for the number of kilometers you drive and the period of time you rent the car at the rate indicated on the rental document. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus distance driven, or a fixed fee. We will determine the kilometers by reading the factory-installed odometer. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental commences. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, and vehicle license recovery fees, other fees and surcharges.
1) If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, other than Avis, you may be charged a redemption fee. Additionally if you choose to earn airline miles or other comparable loyalty program benefits, you may be charged a fee.
2) You will also pay a reasonable fee for cleaning the car's interior upon return for excessive stains, trash, dirt, soilage or odors attributable to your use.
3) If the key(s) are not returned with the vehicle, you may be charged an additional fee.
4) We maintain a nonsmoking fleet. You will pay an additional charge if you or any passenger smokes in the car or near the car.
5) You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so.
6) If you use a car with automatic toll payment capability, you will pay us or our toll program administrator, with whom we will share rental and all your credit card/debit card information, for all tolls incurred during your rental, and related fees, charges and penalties. You will also pay a toll convenience fee for every day of the rental once you have passed through the toll. The charges may take 4-8 weeks after the rental to be billed to your credit card/debit card on file. Avis issues discount codes to individuals. By entering into this rental agreement you represent you have the express authorization of Avis to use such codes. Any other use will be viewed as an unlawful use and theft of services for which Avis can pursue legal remedies including but not limited to reasonable attorney’s fees and costs.
9. Taxes. You'll also pay all applicable taxes as well as any additional charges provided on the rental agreement which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
10. Card Reserve. You acknowledge that you have been informed that if you use a charge card your credit, the greater of our then current minimum deposit or an amount equal to the estimated total charges due under this Agreement, as indicated on the rental document, based on your representation about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges. You consent to the reservation or setting aside of our current minimum deposit or that estimated total amount at the time of commencement of the rental. You understand that we 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 and may not be immediately released by your card issuer.
11. Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following:
It is found illegally parked, being used to violate the law or the terms of this agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such cost will be charged to the card you used to rent the car.
12. Loss Damage Waiver & Partial Damage Waiver
Loss Damage Waiver (LDW) is not insurance and not mandatory. If you accept full LDW by your initials on the rental document at the additional daily rate, for each full or partial day that the car is rented to you, and the car is operated in accordance with this agreement, we assume all loss or damage to the car except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire service unless related to an accident, or recovery of the car if stolen, and except for your amount of “responsibility”, if any, specified on the rental document. Partial Loss Damage Waiver (PDW) is available only where permitted by law. If you accept PDW at the indicated daily rate, and the car is operated in accordance with this agreement, we assume all loss or damage to the car up to the amount as specified on the rental document and you accept responsibility for all other loss or damage. If you are renting a truck, then notwithstanding your acceptance of LDW or PDW all damage to a truck resulting from the truck’s box or accessories coming into contact with a fixed object or damage to the truck’s tires as a result of curbing, regardless of cause are irrevocably your responsibility. If you do not accept either LDW or PDW, you owe for all loss or damage to the car. Loss and damage are described in the following paragraph. You acknowledge you have been advised that your own insurance may cover loss or damage to the car. You also acknowledge reading the notice on loss damage shown on the rental document, or at the end of these terms, or in separate notice form.
13. Damage/Loss to the Car. If you do not accept LDW, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 14, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the greater of the car’s retail fair market value or its value on our book of account (also known as depreciated book value) before it was damaged and the sale proceeds. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay us the greater of the car’s retail fair market value or its value on our book of account (also known as depreciated book value) before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or other such insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign of your benefits directly to us to recover all consequential and incidental damages including but not limited to the repairs of the vehicle plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on LDW that are different than the terms of this agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.
14. Prohibited Use of the Car. Certain uses of the car and other things you or a driver may do, or fail to do, will violate this agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL and IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL PRODUCTS SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO ADDITIONAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE ASSISTANCE AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL THE PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR
It is a violation of this paragraph if:
A. You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol or a controlled substance; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; 7) recklessly or while overloaded; 8) outside of Canada, or without our permission, the United States.
B. You or an additional driver, authorized or not: 1) fail to promptly report any damage to or loss of the car when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate fully with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud of misrepresentation; 4) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; 5) intentionally or with willful disregard cause or allow damage to the car, or 6) return the car after hours and the car is damaged, stolen or vandalized.
C. Driving or operating this car while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in a hands free mode shall be deemed a breach of this contract.
15. Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not always the case.
(A) Where available, if permitted by law, if you drive less than 125 kilometers, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the rental document and at the counter prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges.
If (a) does not apply, there are three refueling options:
1) If you do not accept the fuel service option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, we will charge you a fuel service charge at the applicable rate per-kilometer or per-litre rate specified on the rental document. The per-kilometer rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of kilometers driven, as shown on the car’s odometer, times the per-kilometer rate shown on the rental document. The per litre rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the car as when you received the car (by using the factory installed gauge, rounded down to the nearest 1/8 tank), times the per-litre rate shown on the rental document. Although two methods are used for ease of calculation, the per kilometer and per-litre rates produce approximately the same result. Some of our vehicles are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your vehicle has such a device, you will be charged for the actual amount of gasoline needed to fill the tank based on the reading of this device.
2) If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The per-litre cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel.
3) You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
If you do not pay cash for tolls or the roadway does not accept cash payment you automatically opt into our e-Toll service, pursuant to which you agree to pay us or our toll program administrator, with whom we will share your credit card/debit information, for all tolls incurred during your rental and all related fees, charges and penalties. Under the e-Toll program, once you pass through an electronic toll, you will pay a convenience fee of up to $20.00 per rental, plus incurred tolls at the maximum prevailing rates posted by the toll authority. You can avoid the convenience fee and any other charges by paying the toll in cash, or avoiding any cashless toll road or passage. The charges may take 4-8 weeks after the rental to be billed to your credit card/debit card on file.
17. Fines, Expenses, Costs and Administrative Fees. You’ll pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of this agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, state, provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. In the event we use a third party collection and or administrative agent to resolve any tickets, citations, fines and penalties, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You agree to indemnify and hold us and ATS or VMS harmless for any tickets, citations, fines, penalties and administrative fees.
18. Roadside Assistance. Roadside assistance is available to all renters. In some instances, you may purchase added protection under Extended Roadside Assistance to cover potential costs associated with lost keys, remote entry devices, lockouts, flat tires, towing (if the car becomes inoperable), jump starts and emergency fuel delivery (up to 6 litres). If you do not purchase the Extended Roadside Assistance in advance, you may incur added costs for providing the above referenced services. When paying in advance for Extended Roadside Assistance, you will pay for any full or partial day.
19. Personal Accident Insurance (PAI). You’ll pay for Personal Accident Insurance if you accept it. You understand that you will be charged the rate per day for a full day even if you don’t have the car the entire day.
20. Personal Effects Protection (PEP) Insurance. You’ll pay for PEP Insurance if you accept it. You will be charged the rate per day for a full day if you don’t have the car for the entire day.
21. Liability Protection. Anyone driving the car who is permitted to drive it by this agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-permitted driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by this agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by this agreement, the financial responsibility limits of the jurisdiction in which the accident occurs will apply. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family members related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; (d)supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with this agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in Mexico, and the car may not be taken into Mexico under any circumstances, unless special arrangements are made at the renting location for separate Mexican insurance, where such insurance is available.
22. Indemnification and Waiver. You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. You waive any claim against us for incidental, special or consequential damages in connection with the rental. If the rental takes place at a location operated by an Avis System Licensee and a claim relating to this transaction is made against Aviscar Inc. or its parent companies, that alleges unfair, deceptive or unconscionable conduct that renting Avis licensee agrees to indemnify and hold Aviscar Inc., and its parent companies, harmless from and against such claim, including the related costs and expenses.
23. Property in the Car. We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.
24. Currency Conversion. If you use a credit or charge card that is issued by a financial institution outside of Canada and your charges are billed to us in a currency other than Canadian Dollars, the full amount of your charges will be converted to the card account’s billing currency by us unless you have instructed us not to perform the conversion process on your personal account profile or submitted a written request in advance to have the currency conversion performed by your card issuer. Our conversion will be based on a conversion rate published by Reuters and will incorporate a processing charge no higher than 3% applied to all amounts relating to this transaction. This charge will replace the currency conversion processing charge applied by your card issuer. You understand that your card issuer has a currency conversion process; that you have chosen not to use your card issuer’s currency conversion process; and that you will have no recourse against your card issuer with respect to any matter related to the currency conversion or disclosure thereof.
25. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.
26. Collections. If you do not pay all amounts due to us under this agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the vehicle including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions:
a) 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”).
b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Document, or in any customer profile, as the place to send any demands or collection notices.
c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
28. GPS by Garmin®. At various locations, we may offer for rental a Global Positioning System for your use. If you rent such a unit you will pay the additional daily charge shown on the rental document. This unit is not part of the car. You are responsible for any loss or damage to the unit and its accessories regardless of cause even if you have accepted LDW. If the unit and/or its accessories are lost or damaged so as to, in our sole opinion, require repair or replacement, you will pay us its repair or full retail cost, which may be as much as $499. If you return the unit to a location other than the renting location without our authorization, you will pay us a fee for that unauthorized return. We do not use Where2 units to track or locate cars, other than those that are reported lost or stolen or as may be required by law enforcement agencies.
29. Use of GPS Tracking Devices.
We do not use any GPS tracking devices to track or locate cars, other than those that are reported lost, suspected of being stolen, stolen or as may be required by law enforcement agencies.
For a copy of our Privacy Notice, please go to http://www.avis.ca/car-rental/html/global/en/terms/privacy_policyCN.html/privacy or write to Privacy Officer, Avis, 1 Convair Drive East, Toronto, ON, M9W 6Z9.