Rental Agreement Terms And Conditions

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THESE TERMS AND CONDITIONS, THE RENTAL RECORD (RENTAL AGREEMENT) SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED BY YOU ELECTRONICALLY, WHICH BOTH YOU AND INSTANT LUXURY RENTALS AGREE SHALL BE TREATED AS AN ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD INCLUDING ALL PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND EXOTICGO.COM, LLC. WHICH IDENTIFIED ON THE RENTAL RECORD (RENTAL AGREEMENT) (“INSTANT LUXURY RENTALS”).

The terms and conditions that appear below are called the “YELLOW Terms”. The Yellow Terms are the terms and conditions which govern (a) enrollment in Instant Yellow Plus Rewards, sometimes referred to as the “Program” (the “Enrollment Agreement Terms”) and (b) rentals of vehicles using the Program (the “Yellow Plus Rewards Rental Terms”), by persons who enroll and participate in Instant Yellow Plus Rewards.

By participating in the Program, You agree to the most current set of Yellow Terms and understand that Your enrollment, membership, and participation in the Program is governed by the Yellow Terms. You may obtain a copy of the Yellow Terms by contacting Instant Luxury Rentals at 1-877-736-8553 or by writing to Instant Luxury Rentals at EXOTICGO.COM, LLC., 3070 Venture Lane, Suite 106, Melbourne, FL 32934. The following terms and conditions were effective as of September 1, 2018. For previous terms, please see below.

You accept and agree to be bound by these Yellow Terms by clicking “accept” or utilizing some other applicable means of electronic acceptance that coincides or applies to these Terms, booking a reservation using Your Yellow member number, or entering into a rental using Your Yellow member number.

E-CONSENT. As of the date you are reading this paragraph, you represent to Instant Luxury Rentals that your hardware and software meet the requirements for access to, receiving of, and retention of electronic records and email. You may receive a paper copy of these Terms by calling 1-877-736-8553. You may withdraw consent to have Terms delivered electronically by calling 1-877-736-8553. Please note that by withdrawing consent to receive electronic mail and records, you may not receive rental service at an intended level, or your reservation may be cancelled by Instant Luxury Rentals. You may update your contact information by calling 1-877-736-8553 or log in to EXOTICGO.COM, LLC., click on “My Account” and update on “My Profile”. By clicking on the “I accept” or similar button applicable to these Terms, you agree to both the Yellow Terms and electronic contracting/signature relating to your enrollment, membership, applicable reservations, and applicable rentals.

PART I. ENROLLMENT AGREEMENT TERMS

You have received, read, understand, accept and agree to the terms, conditions, disclosures and notices appearing in this Part I (the “Enrollment Agreement Terms”), which pertain to membership in Instant Yellow Plus Rewards (the “Program”) and Program rentals wherever Program service is available; as of September 1, 2018. Program service is available in the United States, Canada, much of Europe, Israel, South Africa, Australia and New Zealand. Your Enrollment Form, together with these Enrollment Agreement Terms, constitutes Your agreement with respect to Your enrollment in the Program and is referred to as Your “Enrollment Agreement”. You have also received, read, understand, accept and agree to the terms and conditions appearing below under the heading Part II, including “Part II. General Provisions Applicable To All Instant Yellow Plus Rewards Rentals” (the “General Provisions”), “Part II. B. Terms and Conditions Applicable To Rentals In The United States And Canada” (the “North American Terms”), If at any time You wish to change any of the selections on Your Enrollment Form, You may do so in the manner described in section 2, below.

2. When You make a Manifestation of Assent, You are making an offer to enter into a contract with EXOTICGO.COM, LLC., identified on Your Enrollment Form (the “Enrolling Company”). The Enrolling Company reserves the right not to accept Your offer without being required to provide any explanation. If Your offer is accepted, You will be given notice that Your application has been accepted by the Enrolling Company. You may from time to time modify Your Enrollment Agreement to update the information or change the selections that You provided in Your Enrollment Form either by written notice to the Enrolling Company or through Instant Luxury Rentals’ Internet website, www.InstantLuxuryRentals.com. Your Enrollment Agreement, as modified to reflect any updates or changes that You may make, is referred to as Your “Enrollment” for the countries covered thereby. If the offer to enter into a contract that You make with Your Manifestation of Assent is accepted by the Enrolling Company, then the resulting Enrollment Agreement will supersede any prior enrollment agreement submitted by You which was accepted by Instant Luxury Rentals prior to acceptance of this Enrollment Agreement with respect to those countries. The supply of the information requested on the Enrollment Form is voluntary. However, the Enrolling Company reserves the right to reject Your offer to enter into a contract with the Enrolling Company if You do not supply all of the information requested or for any other reason. See the General Provisions for information regarding the use of Your personal data.

3. When You rent a private passenger motor vehicle (excluding trucks and vans), including all such vehicles’ parts (a “Car”), using the Program, EXOTICGO.COM, LLC. And/or Instant Luxury Rentals or licensee providing the Car is called the ” EXOTICGO.COM, LLC.”. Your Enrollment, together with the terms and conditions of the Rental Terms which are applicable to rentals in the country in which the rental commences (as modified by the Enrolling Company from time to time in the manner prescribed therein), the Rental Record or Rental Agreement which You receive at the commencement of the rental, and any other documents which You are required to sign at the commencement of the rental, will constitute the agreement between You and the EXOTICGO.COM, LLC., governing the rental. The identity of the EXOTICGO.COM, LLC., for each rental will appear on the Rental Record/Agreement for that rental. The Enrolling Company and the Renting Company are referred to collectively as “Instant Luxury Rentals”, “we” or “us”.

4. The availability of Program service at specific locations may change. Reservations made not less than two (2) hours in advance of proposed rental commencement are required for Instant Yellow Plus Rewards rentals.

5. You represent that the information which You have provided in Your Enrollment is true, correct and complete. Your selections in the Enrollment of Optional Services (where available) and car class (subject to vehicle availability at the time You make the reservation) will apply to all rentals which You make using the Program; provided, that for a specific rental You may change Your selections of Optional Services at the commencement of the rental and You may select a different car class when You make Your reservation. Notice: For rentals at some locations, certain optional services may not be available on the basis of an advance request in Your Enrollment to obtain them. In such circumstances, the Rental Record/Agreement will indicate that You have declined to obtain such optional services, even though Your Enrollment specifies that you wish to obtain them. You may be able to purchase such services at the commencement of the rental even when they are not available in advance.

6. You authorize Instant Luxury Rentals to process all charges in any way incurred by You in connection with a Yellow Plus Rewards rental against the first credit, charge or debit card listed in Your Enrollment (as such list may be modified from time to time in the manner described in section 2, above) which has available credit or funds, as the case may be, and which is accepted to qualify for rental at the rental location.

7. You promise to notify the Enrolling Company at once if Your Instant Yellow Plus Rewards Card, Instant Credit Card, Club number or any of the credit cards listed in Your Enrollment are lost, stolen or invalidated, or if You suspect that any of them are being used without Your permission. Because of the nature of the Program, You understand the urgency of this obligation.

8. At any time during the year You may notify the Enrolling Company in writing of Your desire to cancel Your Yellow Plus Rewards membership. Instant Luxury Rentals reserves the right to cancel or suspend Your membership for any reason at any time, without notice.

9. For U.S. Residents: ARBITRATION PROVISION:  THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND INSTANT LUXURY RENTALS EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Instant Luxury Rentals remain free to bring any issues to the attention of government agencies. This arbitration Provision’s scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”). You can obtain the Rules at www.adr.org. You or Instant Luxury Rentals may commence an arbitration by providing a written demand for arbitration to the other (to Instant Luxury Rentals, 3070 Venture Lane, Suite 106, Melbourne, FL 32934, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Instant Luxury Rentals will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT no.arbitration@instantluxuryrentals.com OR BY MAIL TO Instant Luxury Rentals, 3070 Venture Lane, Suite 106, Melbourne, FL 32934, Attn: Legal Department. Include Your name, address, reservation ID number or Rental Agreement number (if provided), and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Instant Luxury Rentals of Your decision to opt out of arbitration, You do not need to do so again.

10. For U.S. Residents: If the Arbitration Provision in Section 10 above is deemed not to apply by a court of competent jurisdiction, the following will apply: With regard to Your Enrollment or membership in the Program (as opposed to any Program rental entered into by You), You irrevocably and unconditionally consent and submit to the laws of the State of Florida. You further agree to the personal jurisdiction by and venue in the state and federal courts in Brevard County, Florida, and waive any objection to such jurisdiction or venue. If any provision of Your Enrollment or the agreement governing any Program rental conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of Your Enrollment or such agreement, which shall continue in full force and effect. If any provision of Your Enrollment or such agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).

11. THE FOLLOWING INFORMATION IS PROVIDED REGARDING YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO ANY CAR WHICH YOU RENT IN THE UNITED STATES OR CANADA USING GOLD. MORE DETAILED INFORMATION APPEARS IN PARAGRAPH 4 OF THE NORTH AMERICAN TERMS. EXCEPT AS STATED IN PARAGRAPH 4 OF THE NORTH AMERICAN TERMS, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE REGARDLESS OF FAULT. FOR RENTALS IN THE UNITED STATES AND CANADA, INSTANT LUXURY RENTALS OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER (LDW). IF YOU ACCEPT LDW, WHICH IS NOT INSURANCE, INSTANT LUXURY RENTALS WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, SUBJECT TO CERTAIN RESTRICTIONS AND EXCLUSIONS WHICH ARE DISCUSSED IN PARAGRAPHS 4(d), 4(e) and 5 OF THE NORTH AMERICAN TERMS. IN THOSE STATES WHERE THE SALE OF LDW IS REGULATED, THAT LAW WILL GOVERN YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR. LDW ENTAILS AN ADDITIONAL CHARGE. AS OF JUNE 1, 2016, THE CHARGE FOR LDW AT MOST LOCATIONS IN THE UNITED STATES RANGES FROM US $9.00 TO US$99.99 FOR EACH FULL OR PARTIAL RENTAL DAY DEPENDING ON THE CAR CLASS AND MSRP OF THE CAR RENTED. HOWEVER, A SPECIAL HIGHER LDW CHARGE FOR EACH FULL OR PARTIAL RENTAL DAY IS APPLICABLE FOR CERTAIN LUXURY CARS. IN CANADA, THE CHARGE FOR LDW RANGES FROM CAN$8.00 TO CAN$38.99 FOR EACH FULL OR PARTIAL RENTAL DAY DEPENDING ON THE CAR CLASS RENTED AND WHETHER A DEDUCTIBLE APPLIES. A SPECIAL HIGHER LDW CHARGE FOR EACH FULL OR PARTIAL RENTAL DAY IS APPLICABLE FOR CERTAIN LUXURY CARS. ALL CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOUR INSURANCE (OR THAT OF THE AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OR DAMAGE TO THE CAR.

12. NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LOSS DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE. THE PURCHASE OF THIS LOSS DAMAGE WAIVER PRODUCT IS NOT MANDATORY AND MAY BE DECLINED.

13. THE INSURANCE COVERAGES OFFERED BY INSTANT LUXURY RENTALS MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY A RENTER’S PERSONAL AUTOMOBILE INSURANCE POLICY OR BY ANOTHER SOURCE OF COVERAGE. THE PURCHASE OF THESE KINDS OF COVERAGE IS NOT REQUIRED IN ORDER TO RENT A VEHICLE.

14. FOR RENTALS COMMENCING IN THE DISTRICT OF COLUMBIA. WARNING: FAILURE TO RETURN THE CAR IN ACCORDANCE WITH THE TERMS OF THE RENTAL AGREEMENT MAY RESULT IN A CRIMINAL PENALTY OF UP TO 3 YEARS IN JAIL.

15. Unless waived, a renter in Miami ­Dade County must be furnished a county ­approved visitor information map. These maps are available at all Instant Luxury Rentals locations in Dade County. Each renter must either acknowledge receipt of such a map or waive his or her right to receive such a map. By making a Manifestation of Assent, You hereby waive Your right to receive such a map.

16. NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22: 1296. EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF LOSS DAMAGE WAIVER IS NOT MANDATORY, AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LOSS DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE.

17. Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of the motor vehicle against damage to the vehicle and against loss of use of the vehicle; and (2) extend the policy’s basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverages to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected on this Enrollment Agreement is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy.

18. NOTICE TO TEXAS RESIDENTS REGARDING DAMAGE WAIVERS:  YOUR RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, AN OPTIONAL WAIVER TO COVER ALL OR 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. Depending upon the country in which the rental commences, PI/PAI may also provide benefits for permanent disability, certain injuries, medical and emergency expenses and/or damage to or theft of personal possessions (including baggage) during the rental.

RENTAL AGREEMENT TERMS AND CONDITIONS

PART II. YELLOW PLUS REWARDS RENTAL TERMS PART II. A. GENERAL PROVISIONS APPLICABLE TO ALL INSTANT LUXURY YELLOW PLUS REWARD RENTALS

THESE TERMS AND CONDITIONS, THE RENTAL RECORD (RENTAL AGREEMENT) SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED BY YOU ELECTRONICALLY, WHICH BOTH YOU AND INSTANT LUXURY RENTALS AGREE SHALL BE TREATED AS AN ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD INCLUDING ALL PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND INSTANT GLOBAL SERVICES CORP., WHICH IDENTIFIED ON THE RENTAL RECORD (RENTAL AGREEMENT) (“INSTANT LUXURY RENTALS”).

NATURE OF THIS AGREEMENT

You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Instant Luxury Rentals. No one other than Instant Luxury Rentals may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Instant Luxury Rentals is void. Neither You nor any Authorized Operators are agents of Instant Luxury Rentals. No one may service or repair the Car without Instant Luxury Rentals’s prior express approval. INSTANT LUXURY RENTALS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.

WHO MAY OPERATE THE CAR

Only You and the following persons, with Your permission (“Authorized Operators”), may operate the Car: (a) For rentals commencing in the state of Iowa, your spouse and Your employer, employees and fellow employees incidental to their business duties; (b) for (“Replacement Rentals”) which are designated as replacement rentals on the Rental Record (Rental Agreement), any person specifically named as an insured on Your automobile policy; and (c) for rentals other than Replacement Rentals, any other person who meets Instant luxury Rentals’s qualifications and who signs an Additional Authorized Operator form at the time of rental or who is authorized, if any, shown on the Rental Record (Rental Agreement). All Authorized Operators must be at least 20 years old (an Age Differential charge may apply for ages 20-24) and must have a valid driver’s license from a jurisdiction acceptable to Instant Luxury Rentals, expect that persons operating the Car pursuant to clause (b) above need only be at least 21 years old. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purpose hereof, an “emergency” shall mean urgent circumstances which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver. With respect to persons who must sign an Additional Authorized Operator Form, other qualifications may, at Instant Luxury Rentals’s discretion, be in effect at the time and place of rental and, where permitted by law, Instant Luxury Rentals may impose an additional fee for such persons. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in Paragraphs 9 and 10(c)).

        RETURN

ORDINARY WEAR DUE TO REASONABLE USE EXPECTED, YOU MUST RETURN THE CAR TO INSTANT LUXURY RENTALS IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. IF YOU EXCEED 3500 MILES DRIVEN IN A 30-DAY PERIOD YOUR RENTAL PRIVILEGES MAY BE REVOKED DUE TO EXCESSIVE WEAR AND TEAR. YOU MUST RETURN THE CAR TO INSTANT LUXURY RENTALS BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD (RENTAL AGREEMENT), OR SOONER ID DEMANDED BY INSTANT LUXURY RENTALS.IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS (IN NEW JERSEY, OHIO AND SOUTH DAKOTA, 28 DAYS), UNLESS AUTHORIZED IN WRITING BY INSTANT LUXURY RENTALS. A RETURN CHANGE FEE WILL APPLY TO ANY CHANGE IN YOUR SCHEDULED RETURN DATE, TIME OR LOCATION. IF YOU RETURN THE CAR BEFORE OF AFTER YOU’RE SCHEDULED RETURN DATE AND TIME AND FAIL TO TIMELY NOTIFY INSTANT LUXURY RENTALS, INSTANT LUXURY RENTALS WILL CHARGE YOU AN EARLY/ LATE RETURN FEE. IF YOU FAIL TO RETURN TO RETURN THE CAR BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD (RENTAL AGREEMENT), INSTANT LUXURY RENTALS WILL CHARGE YOU AN OVERDUE ADMINISTRATIVE FEE. THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL INSTANT LUXURY RENTALS HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL INSTANT LUXURY RENTALS HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND (B) TIME CHANGES, CHARGES FOR LDW, PAI/PEC AND LIS AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON RENTAL RECORD (RENTAL AGREEMENT) AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER INSTANT LUXURY RENTALS SENDS YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN ON THE RENTAL RECORD (RENTAL AGREEMENT) OR OTHERWISE PROVIDED TO INSTANT LUXURY RENTALS, INSTANT LUXURY RENTALS MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5, THEN INSTANT LUXURY RENTALS MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OF LEGAL PROCESS AS A PRECONDITION FOR INSTANT LUXURY RENTALS RECOVERING THE CAR. THE CAR MAY BE EQUIPPED WITH GLOBAL POSITIONING TECHNOLOGY, OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS INSTANT LUXURY RENTALS TO TRACK OR OTHERWISE LOCATE THE CAR AND PRIVACY IS NOT

GUARANTEED. TO THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE INSTANT LUXURY RENTALS’ USE OF THE TECHNOLOGY INCLUDED IN THE CAR, INCLUDING TO TRACK THE LOCATION OF THE CAR, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR. UPON RETURN, IF THE CAR REQUIRES MORE THAN INSTANT LUXURY RENTALS’ STANDARD CLEANING ON ITS RETURN, INSTANT LUXURY RENTALS MAY CHARGE YOU AN ADDITIONAL FEE TO HAVE CAR CLEANED.

        YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL DAMAGE WAIVERS
EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO COLLISION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OF GOD, REGARDLESS OF FAULT.
EXPECT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR OR ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY INSTANT LUXURY RENTALS, AN ADMINISTRATIVE CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE. AS MORE GENERALLY PROVIDED IN PARAGRAPH 6, INSTANT LUXURY RENTALS MAY, WHERE PERMITTED UNDER APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT CARD AND/OR DEBIT CARD FOR THESE LOSSES, COST AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL.
YOUR RESPONSIBILITY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS LIMITED BY LAW IN CERTAIN JURISDICTIONS. THE FOLLOWING LIMITATIONS EXIST.

            1)        FOR RENTALS COMMENCING IN ILLINOIS, FOR A CAR WITH AN MSRP OF $50,000 OR LESS, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO CAUSES OTHER THAN THEFT WILL NOT EXCEED $17,500 THROUGH MAY 31, 2018, WHICH LIMIT WILL INCREASE BY $500 PER YEAR STARTING JUNE 1, 2018; AND YOUR RESPONSIBILITY FOR THEFT WILL NOT EXCEED $2,000 UNLESS IT IS ESTABLISHED THAT YOU OR AN AUTHORIZED OPERATOR FAILED TO EXERCISE ORDINARY CARE WHILE IN POSSESSION OF THE CAR OR COMMITTED OF AIDED IN THE COMMISSION OF THE THEFT. FOR A CAR WITH MSRP OF MORE THAN $50,000, YOUR RESPONSIBILITY FOR LOSS OF DAMAGE DUE TO CAUSES OTHER THAN THEFT, AND FOR THEFT, WILL NOT EXCEED $42,500 THROUGH SEPTEMBER 30, 2018 WHICH LIMIT WILL INCREASE BY $2500 PER YEAR STARTING OCTOBER 1, 2018.

            2)        FOR RENTALS COMMENCING IN INDIANA, YOU WILL BE RESPONSIBLE FOR NO MORE THAN (1) LOSS OR DAMAGE TO THE CAR UP TO ITS FAIR MARKET VALUE RESULTING FROM COLLISION, THEFT OR VANDALISM, (2) LOSS OF USE OS THE CAR, IF YOU ARE LIABLE FOR DAMAGE, (3) ACTUAL CHARGES FOR TOWING, STORAGE AND IMPOUND FEES PAID BY INSTANT LUXURY RENTALS, IF YOU ARE LIABLE FOR DAMAGE, AND (4) AN ADMINISTRATIVE CHARGE.

            3)        FOR RENTALS COMMENCING IN NEVADA, (A) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR WILL NOT EXCEED THE FAIR MARKET VALUE OF THE CAR AT THE TIME THE CAR IS LOST OR DAMAGED PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY INSTANT LUXURY RENTALS, AND AN ADMINISTRATIVE CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE; (B) YOUR RESPONSIBILITY FOR DAMAGE TO THE CAR AND LOSS OF USE THE CAR RESULTING FROM VANDALISM NOT RELATED TO THE THEFT OF THE CAR AND NOT CAUSED BY YOU WILL NOT EXCEED $2500; AND (C) YOU ARE NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THEFT OR VANDALISM RELATED TO THE THEFT IF YOU HAVE POSSESSION OF THE IGNITION KEY OR YOU ESTABLISH THAT THE IGNITION KEY WAS NOT IN THE CAR AT THE TIME OF THE THEFT, YOU FILE AN OFFICIAL POLICE REPORT OF THE THEFT WITH THE POLICE WITHIN 24 HOURS OF LEARNING OF THE THEFT AND YOU COOPERATE WITH INSTANT LUXURY RENTALS AND THE POLICE IN PROVIDING INFORMATION REGARDING THE THEFT, AND NEITHER YOU NOR AN AUTHORIZED OPERATOR COMMITTED OR AIDED AND ABETTED THE COMMISSION OF THE THEFT.

            4)        FOR RENTAL COMMENGING IN WISCONSIN, (A) YOU ARE NOT RESPONSIBLE FOR ANY DAMAGE TO THE CAR OTHER THAN DAMAGE (x) RESULTING FROM AN ACCIDENT OCCURRING WHILE THE CAR IS UNDER THIS AGREEMENT OR (y) CAUSED INTENTIONALLY BY, OR BY THE RECKLESS OR WANTON MISCONDUCT OF, YOU OR AN AUTHORIZED OPERATOR; AND (B) YOUR RESPONSIBILITY WILL NOT EXCEED THE FAIR MARKET VALUE OF THE CAR IMMEDIATELY BEFORE THE DAMAGE OCCURS, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING FEES AND STORAGE FEES FOR NO MORE THAN 2 DAYS.

YOUR RESPONSIBILITY MAY ALSO BE LIMITED IN OTHER JURISDICTIONS.

IF YOU HAVE ACCEPTED THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”), WHICH IS NOT INSURANCE, INSTANT LUXURY RENTALS WILL NOT HOLD YOU RESPONSIBLE FOR THE LOSS OF OR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e). IF YOU HAVE ACCEPTED THE OPTIONAL PARTIAL DAMAGE WAIVER (“PDW”), WHICH IS NOT INSURANCE AND WHICH NOT AVAILABLE FOR ALL RENTALS, INSTANT LUXURY RENTALS WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e), UP TO AN AMOUNT EQUAL TO THE LESSER OF $1,000 AND ANY DEDUCTIBLE UNDER YOUR OWN AUTOMOBILE INSURANCE THAT APPLIES TO THE DAMAGES SUSTAINED BY THE CAR. IF YOU ACCEPT PDW, YOUR INSURER WILL BE BILLED FOR THE FULL AMOUNT OF THE LOSS; ONLY THE APPLICABLE DEDUCTIBLE UNDER YOUR POLICY (UP TO $1,000) IS WAIVED AFTER THE LOSS IS PAID. PDW IS NOT AVAILABLE IN NEVADA AND TEXAS. IF YOU ACCEPT LIMITED LOSS DAMAGE WAIVER (“LLDW”), WHICH IS NOT INSURANCE, AND WHICH IS AVAILABLE IN SEVERAL OPTIONS AND SELECT LOCATIONS, INSTANT LUXURY RENTAL WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR UP TO $500, $1000 OR $3000 DEPENDING ON THE LLDW OPTION SELECTED EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(E). IN THOSE STATES WHERE THE SALE OF DAMAGE WAIVERS IS REGULATED OR PROHIBITED, THAT LAW WILL GOVERN YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR.

PURCHASE OF LDW, PDW, OR LLDW, WHICH ENTAILS AN ADDITIONAL DAILY CHARGE, IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. THE CHARGE FOR LDW IS BASED ON THE CAR RENTED, WHICH MAY NOT BE THE SAME AS THE CAR RESERVED. YOU AGREE TO REVIEW THE DAILY CHARGE FOR LDW, PDW OR LLDW FOR YOUR RENTAL PRIOR TO ACCEPTING LDW, PDW, OR LLDW. YOUR OWN INSURANCE (OR THAT OF AN AUTHORIZED OPERATOR) MAY CAVER ALL OR PART OF YOUR FINACIAL RESPONDIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OF OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW, PDW OR LLDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/ OR EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AND THAT OF ANY AUTHORIZED OPERATOR TO DETERMINE WHETHER THE POLICY AFFORDS COVERAGE FOR THE LOSS OF OR DAMAGE TO A RENTED VEHICLE, AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE, INCLUDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OF FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE.

USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5 WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID LDW, PDW AND LLDW AND CAUSE YOU TO BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE.

FOR RENTALS COMMENCING IN NEVADA, THOUGH, IF YOU HAVE LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IF THE LOSS OR DAMAGE: (i) IS INTENTIONALLY CAUSED BY, OR CAUSED BY THE WILLFUL OR RECKLESS OR WANTON MISCONDUCT OF, YOU OR AN AUTHORIZED OPERATOR; (ii) OCCURS WHILE YOU OR AN AUTHORIZED OPERATES THE CAR WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAWS OF THE STATE IN WHICH THE LOSS OR DAMAGE OCCURS (IN NEVADA, THE APPLICABLE LAW IS SECTION 484.379 OF THE NEVADA REVISED STATUTES); (iii) IS CAUSED WHILE YOU OR AN AUTHORIZED OPERATOR IS ENGAGED IN A SPEED TEST OR CONTEST, IS USING THE CAR TO CARRY PERSONS OR PROPERTY FOR HIRE, OR IS USING THE CAR OUTSIDE THE UNITED STATES OR CANADA WITHOUT FIRST OBTAINING SPECIFIC WRITTEN PERMISSION FROM INSTANT LUXURY RENTALS, WHICH PERMISSION MAY BE WITHHELD IN INSTANT LUXURY RENTALS’S SOLE DISCRETION; (iv) IS INCURRED IF THE CAR WAS RENTED AS A RESULT OF FRAUDULENT INFORMATION PROVIDED TO INSTANT LUXURY RENTALS BY YOU OR AN AUTHORIZED OPERATOR, OR AS A RESULT OF FASLE INFORMATION PROVIDED TO INSTANT LUXURY RENTALS BY YOU OR AN AUTHORIZED OPERATOR IF INSTANT LUXURY RENTALS WOULD NOT HAVE RENTED THE CAR IF IT HAD RECEIVED TRUE INFORMATION OF IF THE THEFT WAS COMMITTED BY YOU OR AN AUTHORIZED OPERATOR OR YOU OF AN AUTHORIZED OPERATOR AIDED ANOTHER PERSON IN THE THEFT. A THEFT IS PRESUMED TO HAVE BEEN COMMITTED BY A PERSON OTHER THAN YOU OR AN AUTHORIZED OPERATOR IF YOU HAVE POSSESSION OF THE KEY OR ESTABLISH THAT THE KEY WAS NOT IN THE CAR AT THE TIME OF THE THFT AND YOU FILE AN OFFICIAL REPORT WITH THE POLICE WITHIN 24 HOURS OF LEARNING OF THE THEFT AND COOPERATE WITH INSTANT LUXURY RENTALS AND THE POLICE IN PROVIDING INFORMATION REGARDING THE THEFT. INSTANT LUXURY RENTALS MAY REBUT THE PRESUMPTION STATED ABOVE BY ESTABLISHING THAT YOU OR AN AUTHORIZED OPERATOR COMMITTED OR AIDED ANOTHER PERSON IN THE THEFT; (v) DIRECTLY RESULTS FROM YOU OR AN AUTHORIZED OPERATOR TOWING OR PUSHING ANYTHING WITH THE CAR; (vi) OCCURS OUT OF THE USE OF THE CAR IN CONNECTION WITH CONDUCT THAT CONSTITUTES A FELONY; (vii) OCCURS WHILE THE CAR IS INVOLVED IN DRIVER TRAINING ACTIVITY OR WHILE THE CAR IS OPERATED BY ANY ONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; OR (viii) OCCURS WHILE THE CAR IS OPERATED ON AN UNPAVED ROAD, IF THE LOSS OR DAMAGE RESULTS DIRECTLY FROM THE ROAD OR DRIVING CONDITIONS.

FOR RENTALS COMMENCING IN INDIANA AND IOWA AND RHODE ISLAND, THE CIRCUMSTANCES UNDER WHICH LDW/PDW WILL NOT RELIEVE YOU OF YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR APPEAR ON THE RENTAL RECORD.

FOR THE RENTALS COMMENCING IN WISCONSIN, THE CIRCUMSTANCES WHICH LDW/PDW WILL NOT RELIEVE YOU OF YOUR Responsibility for your loss or damage to the car appear on a separate loss damage waiver of disclosure form Which will be given to you at the commencement of the rental. 

    You grant instant luxury rentals a limited power of attorney to present claims for damage to or loss of the car to your insurance carrier or any other carry applicable third-party. 

 PROHIBITED USE OF THE CAR:  You do you nor any authorize operator may:
    Permit the use of the car by anyone other than you or in authorized operator; b. Intentionally destroy, damage or aid in the of the car;
    Take or attempt to take the car into Mexico or two anywhere else outside of the United States or Canada, except as expressly permitted under this agreement;
     Engage in any willful or Wanton misconduct, which among other things may include reckless conduct such as: The failure to use seatbelts, the failure to use Child seats or other child restraints where legally required, use of the car when overloaded or carrying passengers in excess of the number of seat belts in the car, use off paid rose or on roads which are not regularly maintained, refill in the car with the wrong type of fuel, I.E., Diesel and gasoline engine or gasoline and diesel engine, leave in the car and failing to remove the keys, or failing to close and lock all doors, power windows or trunk; 
    Use or permit the use of the car by anyone:

1)      While legally intoxicated or under the influence of alcohol, drugs or other absurd elements which may adversely affect a person’s ability to drive safely;

2)       For any purpose that could properly be charge as a crime, such as the illegal transportation a persons, drugs or contraband;

3)       To tow or push anything unless specifically authorized in writing by instant luxury rentals to tow;

4)        In a speed test, speed contests, race, Rally, speed endurance contest, or demonstration; 

5)        In driver training activity;

6)       To carry persons or property for hire (I.E., for a charge or fee) unless specifically authorized in writing but instant luxury rentals;

7)        If the car has been obtained from is that luxury rentals by fraud or misinterpretation; or

8)       To carry Hazardous materials (other than customary quantities of materials used in the operation of The car that stored within containers provide it for them), explosives, biologically, Active materials that are hazardous to human health or radioactive material including, but not limited to, Eddie biologically active or radioactive material for research, education, development or industrial purposes, or for purposes accidental thereto;

        For rentals in Hawaii, take or attempt to take the car off the islands of Hawaii; and any use of the car in a manner prohibited in paragraph 5:
        to the extent permitted by applicable Law, will cause you to lose the benefit of any limitation on your liability for loss of or damage to the car, even if you have excepted LDW, PDW OR LLDW;
       To the extent permitted by applicable law, will Boyd personal accident insurance (“PAI”) and personal effects coverage (“PEC”), liability insurance supplement (“LIS”) coverage, emergency sickness protection and liability protection provided by instant luxury rentals under this agreement; AND 

iii.        Will constitute a breach of this agreement, making you responsible, to the fullest extent permitted by law, for the actual and consequential damages to instant luxury rentals caused by the breach, together instant luxury rentals’s related costs and attorneys’ fees. 

  PAYMENT OF CHARGES

You and any person, Corporation or other entity whom, with instant luxury rentals consent, you expressly Direct the charges in anyway incurred under this agreement (“Charges”) to be billed, or jointly and severally responsible for payment of all charges. If you direct charges to be billed to any person, corporation or other entity, you represent that you are authorized to do so. Charges not paid on time as required by this agreement may be subject to a late payment fee. You may also be charge a fee for any check use for payment of charges that is returned to Instant luxury rentals unpaid or for any credit, charge, debit/check or stored value/prepaid/gift card charges, which are not honored by the card issuer. Painful arthritis is due at the completion of the rental in cash or buy a credit card, charge card, debit/check card or other device acceptable to instant luxury rentals; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons–see below. You may be required to present a credit, charge or debit/check card at the commencement of the rental and to agree to permit into the luxury rentals to bill charges to that card. By providing a form of payment, you authorize if the luxury rentals to perform a check on your credit and/or other data services that identify any risk associated with a rental of the car to you. Instant luxury rentals may decline to rent based on this information. Stored value/prepaid/gift cards or not, and debit/check cards it may not be, acceptable to qualify for rental, but Both types of cards may be used for payment return. Chargers not known to instep luxury rentals at the completion of the rental are payable by You, or by the person, corporation or other entity to Whom such charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit card, charge or debit/check card present it at the time of the rental, even if cash, another credit, charge or debit/check card, or a stored value/prepaid/gift card, was used to pay for chargers at the completion of the rental. The payment of charges by use of a credit, charge, debit/check or stored value/prepaid/gift card is governed by the terms of your rental agreement with the card issuer. If you present a credit, charge card or debit/check card at the commencement of the rental, you are at the rice instant luxury rentals to reverse credit with, or obtain an authorization from, the card issuer at the time of rental and the amount that may be greater than the estimated charges exclusive of any applicable discounts or promotions that are applied at the time of return. If you use a debit/check card to qualify for a rental, it’s the luxury rentals will not be liable for overdraft charges, or for any other losses or liabilities which you may incur, in the event that you overdraw your account after instant luxury rentals receives this authorization. If the authorization obtained at the commencement of the rental exceeds the actual charges incurred in connection with the rental, there may be a delay between the time that the Chargers are received by your card issuer and the time that the card issuer released the excess. It’s the luxury rentals will process one or more vouchers or payment slips for our actual charges at or following the completion of the rental. Instant luxury rentals may audit all charges. If any arrows are found, you will pay the correct charges. If payment was by credit, charge, debit/check or stored value/prepaid/gift card, you authorize instant luxury rentals to correct the chargers with the card issuer. Instead luxury rentals will notify you of any correction. 

 Instead luxury rentals may from time to time issue prepaid bathrooms or coupons represented either by documents or by entries in instant luxury rentals records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the vouchers. Vouchers must be submitted at the time that the rental commences. Persons who pay by vouchers maybe required to pay the amount by which the estimated charges for a rental exceed the value of the voucher at the commencement of the rental. Restrictions on the use of vouchers may apply. 

  COMPUTATION OF CHARGES
      Time Charges are computed at the Ritz specified on the rental record for days, weeks, months, extra hours and extra days (including days in excess of any longer Specified time period). The minimum rental charge is for one day. Rental days consist of consecutive 24-hour periods starting at the time the rental begins, or any portion of a calendar day, as noted on the rental record. The extra hours rate shown on the rental record this charge for each full or partial power in excess of a rental day until such extra hours’ charges equal the daily rate specified on the rental record for an extra day. Rental rate is subject to increase if you return the car more than 24 hours before or in 24 hours after the schedule return time. Let returns beyond 30 minutes grace for subject to extra hour and/or extra data charges.

As stated in paragraph 3, if the car is returned after hours, charges may continue to accrue until the return location we open for business. If you fail to comply with any conditions specified on the rental record applicable to special rates, instant luxury rentals’ otherwise applicable rental rates will be charged. 

    Early Return Fee. In early return fee of up to $380.00 Will be applied if you return the car more than 24 hours before the date and time previously scheduled, and if you failed to notify Instant luxury rentals more than 24 hours in advance or such change by calling instant luxury rentals at 1-877-736-8553. This fee will be applied in addition to any such change by calling Instant Luxury Rentals occurs as a result of reducing your rental timeframe.
      LATE RETURN FEE. A Late Return Fee of up to $355.00 per day, up to a maximum of five (5) days/$1,755.00, Will be applied if you return the car more than 12 hours after the date and time previously scheduled, and if you fail to notify instant luxury rentals I have such change more than 24 hours prior to your scheduled return time by calling instant luxury rentals at 1-877-736-8553. Just be will be applied in addition to any change in rental rate that occurs as a result of extending your rental. 
       RETURN CHANGE FEE. A return change of up to $3000.00 Will be applied if you return the car to a different location from that which was scheduled, or if you returned more than 24 hours later before or 12 hours after the date and time previously scheduled, if you notify instant luxury rentals in early return or return location change more than 24 hours in advance of been acceptable return, or for an extension of your rental, notify instant luxury rentals by The return date and time previously scheduled you may notify instant luxury rentals by calling 1-877-736-8553. This Fee Will be applied in addition to any increase in rate that may occur as a result of changing the drop off location or the timeframe of your rental.
       MILEAGE CHARGES, including photos extra miles, if any, are based on per mile rate specified on rental record. The number of miles driven it’s determined by subtracting The car’s odometer reading at the beginning of the rental from the reading when the car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, but a number of miles driven in excess of the number of miles allowed, as specified on the rental record. The result is the mileage charge. 
        A SERVICE CHARGE may be applied if you return the car to any location other than the location from which it was rented. Any change to your reservation may impact the rental charges. Rental charges may be higher if you make any change to your rental including a change to extend the rental, the drop off location, pick up location, or return the car prior to the scheduled return date. 
         LDW, PDW, LLDW, PAI/PEC, ESP, and LIS CHARGES, if applicable, are due and payable in full for each four or partial rent today, at the Rates specified on the rental record.
        TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/ OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/ recovered as and where required or permitted by applicable law. 
         TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorized Instant Luxury Rentals to release Your billing/rental information and charge or debit card information or billing account information and information regarding Your rental to American Traffic Solutions, Inc. and Plate Pass, LLC for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees (and for Plate Pass services, if utilized). You also agree to indemnify Instant Luxury Rentals and/or American Traffic Solutions, Inc. and Plate Pass, LLC, if they pay same. You agree to pay, upon billing, applicable service (typically $30) and other fees related to the service and costs of paying for such toll occurrences or toll, parking or traffic violations and the cost of providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that Instant Luxury Rentals, American Traffic Solutions, Inc. and /or Plate Pass, LLC may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking or other citations that You incur during Your rental. For rentals throughout the U.S., including Hawaii: The amount of the service fee which You will be charged if Instant Luxury Rentals or American Traffic Solutions, Inc. is required to pay for such an infraction or toll occurrence is up to $42.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges. 
        RECOVERY EXPENSE consists of all costs of any kind incurred by Instant Luxury Rentals in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.
       COLLECTION EXPENSE consists of all costs of any kind incurred by Instant Luxury Rentals in collecting Charges from You or the person to whom they are billed, including, but not limited to, all attorneys’ fees and court costs.

        LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Instant Luxury Rentals’s mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with Instant Luxury Rentals.

FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Instant Luxury Rentals resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission.

CHARGES FOR ADDITIONAL SERVICES, such as In­car Navigation System, alternative GPS or other navigation systems, and infant and toddler car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day.

LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS or Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify Instant Luxury Rentals, and You will be responsible for replacement, delivery, administrative and service costs. 

SMOKING FEE. In the event it is determined by Instant Luxury Rentals personnel that You smoked in the car (based on odor, test strips, or other mechanisms) or the car smells of cigarette, marijuana, or other smoke, You will be charged a $1000 fee.

ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day.

LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, Instant Luxury Rentals may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Service location. If You lock the keys/key fob in the Car and request assistance from Instant Luxury Rentals, Instant Luxury Rentals may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Instant Luxury Rentals location. 

Charges will continue to accrue until the Car is returned to Instant Luxury Rentals or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to Instant Luxury Rentals.

             REFUELING OPTIONS

Most Instant Luxury Rentals come with a full tank of gas, but that is not always the case. There are three refueling options:

(1) IF YOU DO NOT PURCHASE FUEL FROM INSTANT LUXURY RENTALS AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Instant Luxury Rentals a charge for fuel.

                  (2) IF YOU DO NOT PURCHASE FUEL FROM INSTANT LUXURY RENTALS AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Instant Luxury Rentals will charge You a Fuel and Service Charge at the applicable per-mile/kilometer or per-gallon rate specified on the Rental Agreement.

                  (a) The per-mile/kilometer rate is used if You do not buy fuel during the rental. To calculate this amount, Instant Luxury Rentals multiplies the number of miles driven, as shown on the car’s odometer, times the per-mile/kilometer rate shown on the Rental Agreement.

                  (b) The per-gallon rate is used if You buy fuel during the rental, but the tank is not as full when You return the Car as when You received it. To calculate this amount, Instant Luxury Rentals multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the per-gallon rate. 

ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER-MILE/KILOMETER AND PER-GALLON RATES PRODUCE APPROXIMATELY THE SAME RESULT.

(3) IF YOU CHOOSE TO PURCHASE FUEL FROM INSTANT LUXURY RENTALS AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except in the following cases:

(a)    For rentals in Hawaii, if You return the Car with a full tank of fuel, You will receive a credit for the amount previously charged for the purchase of fuel from Instant Luxury Rentals.

(b)   For rentals other than Replacement Rentals, if You drive the Car 75 miles or less and return it with less than a full tank of fuel, You will receive credit for the amount previously charged for the purchase of fuel from Instant Luxury Rentals and will be charged for the fuel used at the per-mile rate shown on the Rental Record, but only if this will reduce the amount You pay for fuel.

EXCEPT FOR RENTALS AS TO WHICH CLAUSE (a) OR (b) OF SUBPARAGRAPH (3) BECOMES APPLICABLE, THE PER GALLON COST OF THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN THE FUEL AND SERVICE CHARGE. BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT A LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN.

RESPONSIBILITY FOR PROPERTY

YOU AGREE THAT INSTANT LUXURY RENTALS IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY INSTANT LUXURY RENTALS’ NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST INSTANT LUXURY RENTALS, ITS AGENTS OR EMPLOYEES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY INSTANT LUXURY RENTALS VEHICLE OR BROUGHT ON INSTANT LUXURY RENTALS’ PREMISES, CAUSED BY YOU OR ANY AUTHORIZED OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY INSTANT LUXURY RENTALS’ NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD INSTANT LUXURY RENTALS HARMLESS FROM ANY CLAIM AGAINST INSTANT LUXURY RENTALS FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT.

LIABILITY PROTECTION

THE FOLLOWING SUBPARAGRAPH (a) APPLIES TO RENTALS ANYWHERE IN THE UNITED STATES IF THE PROVISIONS OF YOUR RATE PLAN INCLUDE THE EXTENSION BY INSTANT LUXURY RENTALS OF LIABILITY PROTECTION. SUBPARAGRAPH (a) ALSO APPLIES TO RENTALS COMMENCING IN THOSE U.S. JURISDICTIONS WHICH HAVE LAWS WHICH REQUIRE THAT CAR RENTAL COMPANIES PROVIDE PRIMARY LIABILITY PROTECTION; AS OF June 1 , 2016, U.S. JURISDICTIONS IN WHICH CAR RENTAL COMPANIES ARE REQUIRED TO PROVIDE PRIMARY LIABILITY PROTECTION INCLUDE MARYLAND, MASSACHUSETTS, MICHIGAN, , NEW YORK, SOUTH CAROLINA, VIRGINIA, WEST VIRGINIA AND ST. THOMAS. THE FOLLOWING SUBPARAGRAPH (a) ALSO APPLIES TO PROGRAM RENTALS WHICH COMMENCE IN CALIFORNIA OR VIRGINIA IF THE RENTING COMPANY IS A LICENSEE OF INSTANT LUXURY RENTALS.

WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, INSTANT LUXURY RENTALS WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARETHE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS, UNLESS HIGHER LIMITS APPLY FOR THE RATE PLAN SHOWN ON THE RENTAL RECORD. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, INSTANT LUXURY RENTALS AND YOU HEREBY WAIVE AND REJECT THE INCLUSION OF ANY SUCH PROTECTION. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. Instant Luxury Rentals warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have. TO THE EXTENT PERMITTED BY LAW, INSTANT LUXURY RENTALS’ DEFENSE OBLIGATIONS TO YOU OR ANY AUTHORIZED OPERATOR HEREUNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED. 

THE FOLLOWING SUBPARAGRAPH (b) APPLIES FOR ALL RENTALS IN THE UNITED STATES OTHER THAN THOSE NOTED IN SUBPARAGRAPH (a) 

b.              IF YOU DO NOT PURCHASE LIABILITY INSURANCE SUPPLEMENT (LIS) (A SUMMARY OF LIS COVERAGE APPEARS BELOW) AT THE COMMENCEMENT OF THE RENTAL AND AN ACCIDENT RESULTS FROM THE USE OF THE CAR, YOUR INSURANCE AND THE INSURANCE OF THE OPERATOR OF THE CAR WILL BE PRIMARY. WHERE PERMITTED BY LAW, INSTANT LUXURY RENTALS DOES NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL. YOU AGREE THAT YOU AND YOUR INSURANCE COMPANY WILL BE RESPONSIBLE FOR HANDLING, DEFENDING AND PAYING ALL THIRD-PARTY CLAIMS FOR BODILY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE CAUSED BY OR ARISING FROM THE USE OR OPERATION OF THE CAR DURING THE RENTAL (THIRD-PARTY CLAIMS). YOU REPRESENT AND WARRANT THAT YOUR INSURANCE IS SUFFICIENT TO SATISFY THE MINIMUM APPLICABLE FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD INSTANT LUXURY RENTALS HARMLESS FROM AND AGAINST, AND WILL DEFEND INSTANT LUXURY RENTALS 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 PLUS COSTS AND ATTORNEYS’ FEES. UNLESS REQUIRED BY LAW, INSTANT LUXURY RENTALS DOES NOT PROVIDE ANY “UNINSURED” OR “UNDERINSURED” MOTORIST PROTECTION, PHYSICAL DAMAGE PROTECTION FOR THE CAR, “NO-FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THE RENTAL AND INSTANT LUXURY RENTALS AND YOU HEREBY WAIVE AND REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF SUCH PROTECTION. WHERE INSTANT LUXURY RENTALS IS REQUIRED BY LAW TO PROVIDE ANY PROTECTION IN SPITE OF THIS AGREEMENT, SUCH PROTECTION SHALL BE SECONDARY OVER AND ABOVE ANY OTHER POLICIES (WHETHER PRIMARY OR EXCESS), IN AN AMOUNT NOT TO EXCEED THE MINIMUM STATUTORY FINANCIAL RESPONSIBILITY LIMITS OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS. INSTANT LUXURY RENTALS MAY PROVIDE SUCH LIABILITY PROTECTION UNDER A CERTIFICATE OF SELF-INSURANCE OR AN INSURANCE POLICY.

FOR RENTALS COMMENCING IN FLORIDA: Florida law requires Instant Luxury Rentals’ liability protection and personal injury protection to be primary unless otherwise stated. Therefore, Instant Luxury Rentals hereby informs You that the valid and collectible liability insurance and personal injury protection insurance 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, unless Your rate plan includes the extension by Instant Luxury Rentals of liability protection or You accept the optional LIS. Primary insurance means that, in the event of a covered loss, Your insurance or that of the Authorized Operator would be responsible for the payment of personal injury or property damage claims up to the limits of that insurance.

c. FOR RENTALS COMMENCING IN CANADA, INSTANT LUXURY RENTALS WILL, WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, EXCLUDING ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION ARE A COMBINED SINGLE LIMIT OF CAN$1,000,000 FOR BODILY INJURY AND PROPERTY DAMAGE. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, INSTANT LUXURY RENTALS AND YOU HEREBY REJECT THE INCLUSION OF ANY SUCH COVERAGE. If such coverage is imposed by operation of law for the benefit of persons other than You or any Authorized Operators, then the limits of such coverage will be the minimum required by the law of the jurisdiction in which the accident occurs. Instant Luxury Rentals warrants that the protection described in this subparagraph will be provided in accordance with its lawful requirements in the jurisdiction in which the accident occurs. To the extent permitted by applicable law, the protection described in this subparagraph will be secondary to Your insurance and the insurance of the operator of the Car.

d. YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD INSTANT LUXURY RENTALS, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPENSE OF ANY KIND (A “LOSS”) , ARISING FROM THE USE OR POSSESSION OF THE CAR BY YOU OR ANY OTHER OPERATOR(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY INSTANT LUXURY RENTALS TO ENFORCE ANY OF ITS RIGHTS HEREUNDER, UNLESS SUCH LOSS ARISES OUT OF INSTANT LUXURY RENTALS’ SOLE NEGLIGENCE.

FOR RENTALS COMMENCING IN MICHIGAN: Under Michigan law, Instant Luxury Rentals is liable for an injury caused by the negligent operation of the Car only up to a maximum amount of US$20,000 because of bodily injury or death of one person in any one accident and US$40,000 because of bodily injury or death of two or more persons in any one accident, and only if the injury occurred while the Car was being operated by You, Your spouse or another Authorized Operator, or Your parent, sibling, child or other immediate family member. You may be liable to Instant Luxury Rentals up to the maximum amounts specified in the preceding sentence and to an injured person for amounts awarded in excess of those maximum amounts.

e. FOR RENTALS COMMENCING IN PENNSYLVANIA, YOU ARE REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS AGREEMENT, AND ANY POLICY OF INSURANCE OR SELF INSURANCE ISSUED UNDER THIS AGREEMENT, FOR YOU AND ALL OTHER PASSENGERS OF THE VEHICLE. UNINSURED MOTORIST COVERAGE PROTECTS YOU AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND DAMAGES.

f. IF YOU ARE INVOLVED IN AN ACCIDENT IN COLORADO, INSTANT LUXURY RENTALS WILL PROVIDE BASIC NO FAULT AND SUPPLEMENTAL NO FAULT PERSONAL INJURY PROTECTION BENEFITS AS PRESCRIBED BY COLORADO LAW, SUBJECT TO AN AGGREGATE LIMIT OF US$200,000 FOR BODILY INJURY, INCLUDING DEATH, TO ANY ONE PERSON.

g. The Car may not be driven into Mexico without first obtaining specific written permission from Instant Luxury Rentals, which permission may be withheld in Instant Luxury Rentals’ sole discretion. If permitted, You must first obtain through Instant Luxury Rentals insurance valid in Mexico. Instant Luxury Rentals does not provide any liability protection with this Agreement while a Car is in Mexico.

ACCIDENTS, THEFT AND VANDALISM

You must promptly and properly report any accident, theft or vandalism involving the Car to the Renting Company and to the police in the jurisdiction in which such incident takes place. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Instant Luxury Rentals. You and any Authorized Operators must cooperate fully with Instant Luxury Rentals’ investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION, PAI/PEC, LIS, AND LDW. You and any Authorized Operators authorize Instant Luxury Rentals to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.

      PRIVACY

Instant Luxury Rentals (“EXOTICGO.COMLLC”) may collect and use personally identifiable data about You in accordance with Instant Luxury rentals Privacy Policy for Rental Customers (“Privacy Policy”). Among other things, the Privacy policy provides that Instant Luxury Rentals may use disclose personally identifiable data about You as it reasonably believes is necessary to protect its business and or businesses; to comply with applicable law; to protect the rights, privacy, safety or property of You or others; and to permit Instant Luxury Rentals to purse available remedies or limit the damages that it may sustain. Instant Luxury Rentals may disclose personally identifiable data about You in response to requests from law enforcement agencies or government regulators. Pursuit to the Privacy Policy, You have options to limit the use or sharing by Instant Luxury Rentals of personally identifiable data about You for marketing purposes and you may access and correct data about You. The Privacy Policy explains these options and provides information about how to chose an option. A full copy of Instant Luxury Rentals’s current Privacy Policy, which is subject to change by Instant Luxury Rentals from time to time, may be obtained at the at https://instantluxuryrentals.com/privacy-policy/ and/or at the rental location at which Your rental commences.

LIMITS ON LIABILITY

Instant Luxury Rentals will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.

WAIVER OR CHANGE OF TERMS/GOVERING LAW
No term of this agreement may be waived or change except by a writing signed by in expressly authorized representative of instant luxury Rentals. Rental representatives are not authorized to wave or change any term of this agreement. 
   This agreement shall be governed by the substantive law I did your stiction in which the rental commences, without given affect to the choice of laws rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
   If any provision of this Agreement conflicts with any Acabor law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of this agreement, which shall continue in full force and effect. If any provision of this agreement is held to be so broad as to be unenforceable and any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).

PAYMENT TO INTERMEDIARIES

If You arrange for a rental through a travel agent, Internet travel site, broker or other intermediary acting on Your behalf, Instant Luxury Rentals may pay commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with Instant Luxury Rentals. For details on such compensation, You should contact that party.

ARBITRATION AND CLASS ACTION WAIVER

THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND INSTANT LUXURY RENTALS (HEREINAFTER “INSTANT LUXURY RENTALS”) EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Instant Luxury Rentals remain free to bring any issues to the attention of government agencies. This Arbitration Provision scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”). You can obtain the Rules at www.adr.org. You or Instant Luxury Rentals may commence an arbitration by providing a written demand for arbitration to the other (to Instant Luxury Rentals, 3070 Venture Lane, Suite 106, Melbourne, FL 32934, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Instant Luxury Rentals will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT legal@instantluxuryrentals.com OR BY MAIL TO Instant Luxury Rentals, 3070 Venture Lane, Suite 106, Melbourne, FL 32934, Attn: Legal Department. Include Your name, address, reservation ID number or Rental Agreement number (if provided), and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Instant Luxury Rentals of Your decision to opt out of arbitration, You do not need to do so again.

DADE COUNTY WAIVER
Unless waived, a renter in Miami Dade County must be furnished a county approved visitor information map. These maps are generally furnished at all Instant Luxury Rentals locations in Dade County. Each renter must either acknowledge receipt of the map at the commencement of each rental or waive his or her right to receive the map. By accepting these North American Terms, You waive Your right to receive such a map.

OPTIONAL SERVICES; CAR CLASS
Except as provided below, for all rentals using the Program, You have requested the optional services (where available) and car class which You have elected on Your Enrollment (as such elections may have been modified from time to time by written notice to Your Enrolling Company or through our Internet website). You may select different optional services for a rental at the commencement of the rental; in order to select different optional services at the commencement of the rental, You must advise a Instant Luxury Rentals representative of Your decision at the commencement of the rental and have the representative revise the Rental Record to reflect Your elections. You may select a different car class at the time that You make Your reservation. As of June 1 , 2016, the classes of Cars which are generally available (subject in all cases to local availability) for rentals in the U.S. and Canada using the Program include Compact, Midsize, Full-size 4­Door, Sporty 2­Door, Premium, Luxury, Exotic, Super and SUV. Depending upon local availability, specialty vehicles such as minivans and convertibles may be rented using the Program by request at the time You make Your reservation.

SUMMARY OF OPTIONAL SERVICES

THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL OF THE PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE APPLICABLE LIABILITY INSURANCE SUPPLEMENT, , PERSONAL ACCIDENT INSURANCE AND PERSONAL EFFECTS COVERAGE AND EMERGENCY SICKNESS PROTECTION INSURANCE POLICIES (WHICH ARE AVAILABLE FOR INSPECTION AT THE CORPORATE OFFICE) , AND THIS AGREEMENT ; SINCE RENTALS FROM DIFFERENT LOCATIONS ARE COVERED BY DIFFERENT POLICIES, YOU SHOULD STATE THE LOCATION FROM WHICH THE CAR WILL BE RENTED WHEN REQUESTING A COPY OF A POLICY. FOR INFORMATION REGARDING THE OPTIONAL LOSS DAMAGE WAIVER, WHICH IS NOT INSURANCE, SEE SUBPARAGRAPHS 4.d, 4.e, 4.f AND 7.d OF THESE NORTH AMERICAN TERMS. THIS SUMMARY IS AS OF June 1, 2016. OPTIONAL SERVICES OFFERED, COVERAGES, LIMITS, EXCLUSIONS, OTHER FEATURES AND PRICES ARE ALL SUBJECT TO CHANGE WITHOUT NOTICE.

The insurance policies offered by Instant Luxury Rentals (LIS, PAI/PEC and ESP) may provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowner’s insurance policy, personal liability policy, or by another source of coverage. The purchase of these kinds of coverage is not required in order to rent a Car.

FOR RENTALS COMMENCING IN MARYLAND: You may not need the automobile insurance offered by Instant Luxury Rentals. Your automobile insurance policy may provide coverage for Your liability while operating a rental vehicle. You should check the terms and conditions of Your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if You are driving this rental vehicle due to an accident or repairs, state law may require Your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the owner of the rental vehicle.

FOR RENTALS COMMENCING IN TEXAS: You may not need the automobile liability insurance offered by us. Your Texas automobile policy provides coverage for Your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage. The purchase of LIS is not required as a condition of renting a Car. This insurance does not apply to any bodily injury or property damage arising out of the use or permitting the use of a rental vehicle by any driver while under the influence of drugs or alcohol in violation of law.

LIABILITY INSURANCE SUPPLEMENT (LIS)
SUMMARY OF COVERAGE

(Available on rentals in the United States only)

COVERAGE
If You elect to purchase LIS, coverage will be provided to You and any Authorized Operators under an excess automobile liability insurance policy issued to Instant Luxury Rentals or the independent Instant Luxury Rentals licensee from which You rent the Car. As of June 1 , 2016, the excess automobile liability insurance policy issued to Instant Luxury Rentals is issued by ACE American Insurance Company.

LIMITS
LIS provides protection from third-party automobile liability claims for the difference between the liability protection limits provided under paragraph 10 of these North American Terms and a maximum combined single limit of One Million (US$1,000,000) Dollars for bodily injury, including death, and property damage. For rentals where, Instant Luxury Rentals is the Renting Company, LIS also provides uninsured and underinsured motorists coverage for bodily injury and property damage, if applicable, for the difference between the statutory minimum underlying limits and US$1,000,000 limit of insurance for each accident; however, this coverage is not currently provided when the Renting Company is a Instant Luxury Rentals licensee for rentals in those states where such coverage is not mandatory. 

EXCLUSIONS
All exclusions, including claims arising from use of the Car as prohibited by this Agreement and claims by any of Your or any Authorized Operator’s family members related by blood, marriage or adoption who resides with You or the Authorized Operator, are set forth in the applicable policy, a copy of which is available at the corporate office.

HOW TO OBTAIN/DECLINE COVERAGE
If You indicate You “Accept” LIS in Your Enrollment, coverage will be provided during the rental period for each Program rental which You make in the United States (including Puerto Rico and St. Thomas). As of June 1, 2016, the daily Charge for this optional coverage is US$18.85 or less per day, but the Charge is subject to change without notice. THE CHARGE AT THE TIME YOU RENT WILL APPEAR ON THE RENTAL RECORD. Such daily Charge is due for each full or partial rental day.

Your Rental Record may contain additional disclosures pertinent to Your decision whether to accept or decline LIS in the jurisdiction in which the rental commences. YOU SHOULD READ THESE DISCLOSURES CAREFULLY AT THE COMMENCEMENT OF THE RENTAL. If You have declined LIS in Your Enrollment, You may nevertheless accept LIS for a specific rental by advising a Instant Luxury Rentals representative of Your decision at the commencement of the rental and having the representative revise the Rental Record to reflect Your election. Likewise, if You have accepted LIS in Your Enrollment, You may elect to decline LIS for a specific rental by obtaining a revised Rental Record from a Instant Luxury Rentals representative at the commencement of the rental.

NOTICE OF CLAIM
If You have purchased LIS, LIS coverage will automatically attach to a claim once You have properly reported the accident in accordance with paragraph 12 of the North American Terms.

PERSONAL ACCIDENT INSURANCE (PAI) AND PERSONAL EFFECTS COVERAGE (PEC) SUMMARY OF COVERAGES

(Available on rentals in the United States and Canada)

HOW TO OBTAIN PAI/PEC COVERAGE
If You indicate You “Accept” PAI/PEC in Your Enrollment, coverage will be provided during the rental period of each Program rental in the U.S. and Canada. Please note that PAI and PEC are not available separately and may only be taken in combination. As of June 1, 2016, the Daily Charge for optional PAI/PEC coverage is US$6.95 or less in the U.S. and CAN$7.95 in Canada, but the Charge is subject to change without notice. The Charge at the time You rent will appear on the Rental Record. Such Charge is due in full for each full or partial rental day. Coverage will be provided under a policy issued to the Renting Company (as identified on the Rental Record). As of June 1, 2016, for rentals commencing at facilities operated by Instant Luxury Rentals in the United States, the policy under which PAI/PEC coverage will be provided is issued to Instant Luxury Rentals by Insurance Company.

PERSONAL ACCIDENT INSURANCE (PAI): 
COVERAGE AND BENEFITS
For rentals in the United States, the PAI policies provide coverage for death directly caused by an accident independent of all other causes. The renter will be covered for any such accident during the rental period; passengers will also be covered, but only for accidents occurring while in, entering, or exiting the Car. Benefits in most parts of the U.S. include death benefits of US$175,000 for the renter and US$17,500 per passenger; PAI also provides limited coverage for medical expenses (benefits are limited to $2500; $3500 in New York) and ambulance expense (benefits are limited to $250; $150 in New York). In most parts of the U.S., benefits for any one accident are limited to US$225,000. For rentals in Canada, the PAI policy provides coverage for accidental death and/or dismemberment caused by an accident. The death benefit is CAN$100,000 for the renter and CAN$10,000 per passenger; dismemberment benefits are paid in accordance with a schedule of benefits specified in the policy. The renter will be covered for any such accident during the rental period; limited benefits are also payable to passengers who may be injured in an accident but only while they are occupants of the Car. These benefits are payable without regard to any other benefits which may be due under any other insurance policy. Coverage in both the U.S. and Canada is subject to various exclusions, terms and conditions.

EXCLUSIONS
In most parts of the United States, PAI insurance excludes coverage for injury or death resulting from use of the Car in violation of this Agreement and also for injury or death which: (a) is intentionally self-inflicted; (b) results from aircraft travel; (c) results from committing or attempting to commit an assault or felony; (d) results from intoxicants or narcotics unless administered on the advice of a physician (in Canada, this exclusion applies regardless of being administered on the advice of a physician); or (e) results from suicide or attempted suicide while sane or insane.

DIFFERENT EXCLUSIONS MAY APPLY FOR RENTALS IN CANADA AND FROM INDEPENDENT LICENSEE LOCATIONS IN THE UNITED STATES.

NOTICE OF CLAIM
In the event of any occurrence likely to result in a claim for PAI benefits, immediate written notice should be given to the Renting Company. Instant Luxury Rentals will provide You with a claim form and the address of the insurance company which is providing coverage. You will have to submit the claim form to the insurance company together with Your Rental Record.

PERSONAL EFFECTS COVERAGE (PEC): 
COVERAGE
For rentals commencing in the United States, coverage is provided for loss of or damage to covered personal effects owned by any covered persons while such personal effects are in transit or in any hotel or other building en route during a trip using the Car. For rentals commencing in Canada, coverage is provided only while such effects are in the Car.

COVERED PERSONS
For rentals commencing in the United States, You and members of Your immediate family traveling with You during a trip using the Car who permanently reside in the same household with You are covered, if You accept PAI/PEC. For rentals commencing in Canada, You and any persons travelling with You are covered up to a maximum of three people in total.

LIMITS OF LIABILITY
Maximum coverage during each rental period is US$600 in most parts of the U.S. for each covered person. In Canada, the maximum coverage during each rental period is CAN$500 per covered person up to a maximum of three persons, after a deductible of CAN$25 per covered claim. Total benefits in any rental period are limited to US$1,800 in most parts of the U.S. and CAN$1,500 in Canada. In New York State, the maximum coverage is US$500 for each covered person, per occurrence, and the total benefits in any rental period is limited to US$1,500.

EXCLUSIONS
The following personal effects are not covered for rentals from rental facilities operated by Instant Luxury Rentals in the U.S.: animals, automobiles, automobile equipment, cellular telephones, GPS equipment, motorcycles, boats, motors or other conveyances, household furniture, contact lenses, artificial teeth and limbs, currency, coins, deeds, bullion, stamps, securities, tickets, documents and perishables. (THESE EXCLUSIONS MAY VARY FOR RENTALS IN CANADA AND FOR RENTALS FROM INDEPENDENT LICENSEE LOCATIONS IN THE UNITED STATES.) Any loss of or damage to personal effects caused by mysterious disappearance or use of the Car in violation of the Agreement is not covered. Benefits are not payable for delay, loss of market, indirect or consequential losses or damages of any kind.

NOTICE OF CLAIM
In the event of any occurrence likely to result in a claim for PEC benefits, immediate written notice should be given to the Renting Company. Instant Luxury Rentals will provide You with a claim form and the address of the insurance company which is providing coverage.

EMERGENCY SICKNESS PROTECTION

(Available on rentals in the United States)

EMERGENCY SICKNESS PROTECTION (ESP)
ESP is available at select locations to non-U.S. citizen renters who possess valid non-U.S. passports at the time of rental. ESP provides certain medical benefits for some sicknesses that may occur during rental periods of thirty days or less for the renter and non-U.S. persons traveling with the renter. Benefits include up to $10,000 per person for reasonable and customary cost of necessary medical care for covered sickness, including medical or surgical treatment, hospital services, supplies, x-rays and laboratory fees, local ambulance, and visits to a physician’s office, subject to a $100 deductible per person.

PREMIUM EMERGENCY ROADSIDE ASSISTANCE (PERS)

(Available on rentals in the United States)

If accepted, PERS reduces Your financial liability for services required to remedy non-mechanical problems with the Car including lockouts, lost key, flat tire and mounting and dead batteries, among other services. Full details are available at each rental location.  

WARNING: YOU MUST REMOVE KEYS, LOCK ALL DOORS, CLOSE ALL CAR WINDOWS AND THE TRUNK WHEN LEAVING THE CAR OR PEC COVERAGE WILL NOT APPLY, IN WHICH CASE YOU WILL BE RESPONSIBLE FOR ANY LOSS.