This Car Rental Agreement is entered into between KWJA, Inc DBA Key West Adventures, Inc, A Florida Corporation, (“Key West Adventures”,”us”,”we”), and the undersigned, identified herein as (“Renter”, “you”, "your”, "I") as of February 27, 2024
The VEHICLE will be assigned at a future date and at a mutually agreed time and place.
You will be given the opportunity to examine the VEHICLE for pre-existing damage, and encouraged to photograph the VEHICLE for future reference.
You acknowledge you have received an estimate of the charges related to this Car Rental Agreement through an Online Travel Agency (OTA) such as Fareharbor, Priceline, etc. You agree the estimate of charges provided by the OTA is made part of this Car Rental Agreement. You will be required to enter the Booking Reference Number upon signing this agreement.
IMPORTANT INFORMATION YOU NEED TO BE AWARE OF AND AGREE TO PRIOR TO VEHICLE ASSIGNMENT
Who can operate the vehicle?
- You, the renter, upon presentment of a valid driver’s license
- The renter’s spouse or domestic partner, provided the spouse or domestic partner meets the age requirements, and presents a valid driver’s license.
- Up to two additional named drivers, provided said drivers meet the age requirements, present valid driver’s licenses and the current additional drivers fee is agreed
- No other drivers are authorized.
What are the age requirements?
- 22 years of age for renting and or operating a VEHICLE
- We will consider 19 years of age, provided the proposed renter can show a) proof of FULL COVERAGE insurance, at the 50/100/100 level or greater, in the proposed renters name; b) has a credit card (not debit) in the proposed renters name, c) provides a deposit of $250; and d) current underage driver’s fee is agreed to.
What are the insurance requirements? What are the options? See Sections 6, 7, and 14 below.
- In the State of Florida, Renter’s Insurance is considered to be “primary”. i
- Here is the legal disclosure:
- IMPORTANT FLORIDA INSURANCE NOTICE
- The valid and collectible Liability Insurance and Personal Injury Protection of any authorized rental or leasing driver is primary for the limits of Liability and Personal Injury protection coverage required by SS.324.021 (7) and 627.736, Florida Statutes.
- We require you to show proof that you have insurance coverage as required throughout the United States to operate a motor vehicle, at a minimum level (50/100/100).
- The first 50 means $50,000 of per person Personal Injury Protect (PIP) and Bodily Injury (BI) - If you hurt, or kill, someone when operating an automobile
- The first 100 means a maximum $100,000 will be paid out for PIP and BI claims described above
- The second 100 means $100,000 worth of property damage coverage. Damage to property might include another vehicle, our vehicle, a traffic light, a telephone pole, a fence, etc. Many of the vehicles we rent cost more than $50,000 to replace.
- Your deductible - in the event we are required to file a claim against your insurance to repair or replace our vehicle, you will be required to pay to us your deductible as soon at your insurance company approves our claim
- If you can prove you have this level of coverage, we are in agreement. If you can’t prove this level of coverage here are your options
- Call your agent and increase your coverage to 50/100/100
- Pay with a credit card that supplements your coverage to 50/100/1000
- Show proof that you purchased a minimum of 50/100/100 through an OTA.
- Purchase a waiver from us. A Waiver is NOT insurance, but an agreement between you and us to allow you to rent a vehicle from us at less than the minimum required coverage, which causes us to assume part of the risk of you operating a vehicle on the road. Conditions apply. See Section 14 below.
- You, the Renter, are liable for all damage and costs to the VEHICLE caused by a driver not named in this agreement, even if you, the Renter, have purchased a waiver from us.
What about fuel?
- You are responsible to return the vehicle with all the fuel you used replaced, which typically means you are expected to return the vehicle with a full tank. In the event you were assigned a vehicle with less than a full tank, you are only expected to replace the fuel you used.
- If you fail to replace the fuel you used we will charge you the cost of the fuel plus the current fee for sending one of our people to the gas station to do what you were supposed to do.
Can I drive to Miami or Orlando?
- Our vehicles are intended to remain in the Florida Keys, and our rates are based on that fact. Travel outside the Florida Keys requires a Sunpass for tolls, which we have available. We typically increase the rate the further you travel northward. We do not have a support network outside the Keys, and you will be required to pay for all emergency repairs in the event of a mechanical breakdown. We may require a larger than usual deposit in the event you rent a vehicle from us to travel north to Miami or beyond.
- Therefore, you agree the VEHICLE may not be removed from The Florida Keys, defined as the intersection of Card Sound Road and US1 without our express written consent.
- If you decide to travel north of the Florida Keys, even though you have not received our permission, you agree to pay a fee of $300 for the first day outside the Florida Keys, or any fraction thereof, and $100 for each 24 hour period you remain outside the Florida Keys.
What if I need to extend the rental? Or change the drop off location?
- Typically this is not a problem. The process is simple. Call the Key West/Key Largo office (305-293-3555) or Marathon office (305-517-6014) office so we can make notes in your computer record, and process any additional payment. After hours please leave a message.
- You only need to extend until the end of the day - Ask for Last Flight Out.
- You need to extend a day or more - Let us know when to expect you back.
- Changing the drop location may require a fee, particularly if not dropped at one of our offices
- You may be required to bring the vehicle in for inspection to gain our approval.
- Here is important information you need to understand if you fail to notify us about a delay in returning the vehicle when due
- VEHICLE DEEMED TO BE STOLEN IF NOT RETURNED WHEN DUE OR ON DEMAND
- Renter hereby acknowledges he/she has received written notice of demand for return of this rental property at the time and place described herein as required in section 812.55, subsection 4B, of Florida Statutes. FAILURE TO RETURN RENTAL PROPERTY or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155. Florida Statutes.
What are acceptable forms of payment?
- Renter is required to present a credit card in their own name, valid at least 90 days past the due back date.
- We will accept cash at the end a rental term, in exchange for a refund
- OTA Vouchers are acceptable but a credit card valid at least 90 days past the due back will be required for incidentals, damages, fuel, etc.
- Debit Cards are discouraged. We reserved the right to refuse any rental reservation not accompanied by a credit card in the renter’s
- You understand and agree to the following
- RENTER(S) AUTHORIZE COMPANY TO PROCESS A CREDIT CARD, IF NECESSARY, IN RENTER'S NAME. IF THIS RENTAL IS TO BE CHARGED ON A CREDIT CARD: THE ISSUER OF THE CARD IDENTIFIED ON THIS ITEM IS AUTHORIZED TO PAY THE AMOUNT SHOWN AS TOTAL UPON PROPER PRESENTATION. I PROMISE TO PAY SUCH TOTAL WITH ANY OTHER CHARGES DUE THEREON SUBJECT TO AND IN ACCORDANCE WITH THE AGREEMENT GOVERNING THE USE OF SUCH CARD.
What will be done about tolls, tickets and fines that may not appear for weeks after I return the vehicle?
- You understand you are solely responsible for payment of all tolls, fines, and violations. You hereby authorize Key West Adventures to release my rental and charge/debit card information to Violation Management Services (VMS) for the exclusive purpose of processing, billing, and/or payment for tolls, parking, or traffic fines, fees, penalties, notices and/or and administrative fee up to $50 for EACH infraction or toll incurred during the term of this rental.
- If you receive a local parking ticket you can pay the ticket online in about 3 days from the day the parking ticket appeared on the vehicle’s windshield.
I have read the terms and conditions no the remainder of this agreement, and agree thereto.
I consent to verification of my driver's license status, and that of any driver authorized by me.
Rental Agreement Terms and Conditions
1. Definitions. "Agreement" consists of all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. "You" or "your" means the person identified as the renter on Page 1, any person signing this Agreement, any Authorized Renter and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We", "our" or "us" means the Vehicle owner/lessor referred to on Page 1 of this Agreement. "Authorized Renter(s)" means you, the renter's spouse, any additional renter(s) who have signed this Agreement, and any other driver authorized by the law of the state where the Vehicle is rented, provided that the person has a valid driver's license and is at least 22 years of age, unless the law of the state where the Vehicle is rented requires otherwise. "Vehicle" includes the automobile identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. "PDW" means Physical Damage Waiver. "Physical damage" means all damage to, or loss of, the Vehicle caused by collision or upset; it does not include damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. "Loss of use" means the amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repaired times the periodic rental rate shown on the related Online Travel Agents daily rental rate.
2. Our property. This Agreement is a contract for the rental of the Vehicle. You are not our agent. You acquire no rights other than those expressly stated in this Agreement. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT, REFERRING TO THE VEHICLE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. 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 waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
3. RENTER'S THIRD-PARTY LIABILITY RESPONSIBILITY. I agree that I and/or My insurance company will be responsible for handling, defending, and paying all third- party claims for bodily injury, death, or property damage caused by or arising from the use or operation of the Car in an amount at least sufficient to satisfy applicable responsibility or other insurance laws. I AND ANY ADDITIONAL RENTER(S) INDEMNIFY AND HOLD YOU HARMLESS FROM AND AGAINST, AND WILL DEFEND YOU AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL EXCEPT AS MAY BE PROVIDED IN OPTIONAL SUPPLEMENTAL LIABILITY INSURANCE (WHERE AVAILABLE). Where You are required by law to provide third-party protection in spite of the terms of this Rental Agreement, it shall be secondary over any coverage provided Me or any Additional Renter(s) under all other policies, and, if so imposed, shall only provide such protection in excess of all other coverage in an amount necessary to satisfy the minimum protection required by applicable law or statute. In the event of an accident, I will provide proof of financial responsibility as required by the state in which the accident occurs. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE "UNINSURED" OR "UNDERINSURED" MOTORIST OR MOTOR VEHICLE COVERAGE OR SUPPLEMENTARY "NO FAULT" OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THIS RENTAL AND YOU AND I HEREBY REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION.
4. Breach of Agreement: Unauthorized Use. If you violate the terms of this Agreement, including those listed in paragraph 3, above, and any unauthorized use of the vehicle, you will be liable for all damage to, including loss of use of the vehicle. Any breach of this agreement also voids any insurance coverage. Giving the vehicle to an authorized driver also terminates our liability insurance coverage, if any.
5. Condition and Return of Vehicle. Renter must return the vehicle to our rental office at the date and time specified. The vehicle remains subject to the terms and conditions of this agreement until it has been inspected and accepted by us. If renter returns the vehicle after hours, renter is still responsible for any damage to the vehicle until it has been inspected and accepted by us on the next business day, including theft. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain fluid levels and will pay for all damage to the vehicle due to driving with low fluid levels.
6. Responsibility for Damage or Loss. If you do not accept and pay for PDW, or if PDW is voided, you are responsible, and will pay us on demand, for all missing equipment, damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the vehicle's value caused by damage to it or repair of it, and all administrative costs we incur due to damage to, or loss of, the Vehicle, for which we are entitled by law to recover, regardless of whether or not you are at fault. If you accept and pay for PDW and if PDW is not voided, your liability for physical damage will be limited to the amount indicated on Page 1 of this Agreement; you will still be responsible for all missing equipment and damage to, or loss of, the Vehicle, other than physical damage, for which we are entitled by law to recover.
7. Insurance. RENTER AGREES TO MAINTAIN AUTOMOBILE INSURANCE during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage:
a. Bodily injury and property damage liability coverage;
b. Personal injury protection, no-fault, or similar coverage where required;
c. Uninsured / underinsured coverage where required, and
d. Comprehensive and collision damage coverage extending to the rental vehicle.
Renter's insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the renter is providing automobile insurance, we are not. In states where the law requires us to provide insurance we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The renter's insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only.
Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Renter agrees to cooperate with our insurer if any claim is made. Our Insurance applies only in the United States and Canada Where permitted by law, renter rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage.
8. Charges. You will pay us on demand for: (a) time and mileage for the period during which you keep the Vehicle, plus our computation of actual mileage if the odometer or its seal is tampered with; (b) PDW, when we are allowed by law to offer it and you accept it; (c) gasoline, if you return the Vehicle with less gasoline than when rented; (d) applicable sales, use and other taxes; (e) loss of, or damage to, the Vehicle, which, includes the cost of repair or the retail value of the Vehicle based on any valuation method accepted by the auto insurance industry on the date of the loss, if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle's value caused by damage to it or repair of it, and any administrative fees, where allowed by law; (f) all fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us during your rental, unless these expenses are our fault: (g) all expenses we incur in locating and recovering the Vehicle, if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre and post-judgment attorney fees, we incur collecting payment due from you or otherwise enforcing our rights under this Agreement; (l) 1 1/2% per month interest, or the maximum amount allowed by the laws of the state where the Vehicle is rented, for monies due us but not paid upon return of the Vehicle; and, (j) $2/mile for every mile between the renting location and the place where the vehicle is returned or abandoned.
9. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement.
10. Your property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received,handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence.
11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment of the due-in date, if requested to do so by us.
12. Miscellaneous. No waiver by us of any breach of this Agreement will constitute a waiver of any 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 any of our rights under this Agreement will not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement
13. Examination Under Oath (EUO). Renter, additional renter, and any other drivers or passengers must submit to an examination under oath (EUO) to help with the investigation of any claim or accident at the request of the insurance company.
14. Physical Damage Waiver. By entering into this rental agreement you may be liable for damage, loss, or loss of use to the rental vehicle. Where allowed by law, this contract offers, for an additional charge, a physical damage waiver (PDW) to cover all or part of your responsibility for damage to the rental vehicle. Before deciding whether to purchase the physical damage waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for damage or loss to the rental vehicle and the amount of any deductibles that may apply. Certain exclusions, terms and limitations may apply and are listed below. The purchase of this physical damage waiver is not mandatory and may be waived. This physical damage waiver is not insurance. If you accept PDW at the time of rental, you must pay for it when you return the Vehicle or when the rental is terminated in order for it to be effective. PDW covers only physical damage, unless otherwise required by the laws of the state where the rental occurs.
15. PDW is void, where allowed by law, if:
- You fail to call the police to the scene of an accident.
- You fail to report all accidents to us and the police within 24 hours of occurrence or discovery.
- You fail to pay all rental charges when the Vehicle is returned or the rental is terminated.
- The Vehicle is driven or used in an unauthorized manner, such as:
- By anyone who is not an authorized driver, or without the renter’s permission, or by anyone whose driving license is suspended in any jurisdiction.
- By anyone under the influence of drugs or alcohol
- By anyone who obtained the Vehicle by fraud or misrepresentation;
- in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law;
- to carry persons or property for hire;
- to push or tow anything;
- in any race, speed test or contest;
- to teach anyone to drive;
- for carrying dangerous items or contraband;
- outside the United States or Canada;
- when loaded beyond its capacity;
- on unpaved roads;
- to transport more passengers than the number of seat belts, or to carry persons outside the passenger compartment;
- to transport children without approved child safety seats as required by law; or
- when the odometer or its seal has been tampered with; or
- You commit a wanton or reckless act with the vehicle, such as by giving the vehicle to a person not authorized by law or by this agreement.
By signing below, you have acknowledged that you received and understood this notice before signing the Rental Agreement.
February 27, 2024