THE RENTAL AGREEMENT SIGNED BY YOU AS RENTER, OR ADDITIONAL RENTER, (HEREINAFTER “YOU”), WHICH INCLUDES THESE ADDITIONAL TERMS AND CONDITIONS, AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE VEHICLE, TOGETHER CONSTITUTE THE AGREEMENT (the ”AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED IN THE RENTAL AGREEMENT, INCLUDING ALL THE VEHICLE’S PARTS (the “VEHICLE”). THIS AGREEMENT IS BETWEEN YOU AND BRISTOL RENTALS LTD., (“BRISTOL”).
You are obtaining solely a bailment that allows You to use the vehicle as permitted by the Agreement. You acknowledge that the Vehicle is owned by Bristol or leased by Bristol from a third party. No one other than Bristol may transfer the Vehicle or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Vehicle by anyone other than Bristol is void. Neither You nor a Permitted Additional Driver, (as defined below), are agents of Bristol. No one may service, repair, or tow the rental vehicle without Bristol’s prior express written approval. BRISTOL MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANT ABILITY OR THAT THE VEHICLE IS FIT FOR ANY PARTICULAR PURPOSE.
Only You and persons specified by You who are acceptable to Bristol and whose names and background information are provided by You and recorded by Bristol as Permitted Additional Drivers may operate the rental vehicle with Your permission, (such person(s) specified hereinafter “Permitted Additional Drivers”).
All renters, Additional Renters, and Permitted Additional Drivers must be at least 21 years of age and have a valid driver’s license from a jurisdiction acceptable to Bristol. Renters, Additional Renters and Permitted Additional Drivers must present the original copy of their valid Driver’s License at a Bristol location and be listed on the Rental Agreement as a Renter or Additional Renters or recorded as a Permitted Additional Driver by Bristol. With respect to a person who must sign as an Additional Renter or be recorded as a Permitted Additional Driver, other qualifications may, at Bristol’s discretion, be in effect at the time and place of rental and, where permitted by law, Bristol may impose an additional fee for such persons. By operation the Vehicle, the Additional Renter will be jointly and severally responsible for all obligations under this Agreement and will be responsible to Bristol for all actions of the Permitted Additional Driver(s).
EXCEPT ONLY FOR ORDINARY WEAR DUE TO REASONABLE AND EXPECTED USE, YOU MUST RETURN THE VEHICLE TO BRISTOL IN THE SAME CONDITION IT WAS IN WHEN YOU RECEIVED IT. YOU MUST RETURN THE VEHICLE TO BRISTOL BY THE DUE BACK DATE AND TIME SPECIFIED ON THE RENTAL AGREEMENT, OR SOONER IF DEMANDED BY BRISTOL. THE VEHICLE WILL REMAIN SUBJECTED TO THESE TERMS AND CONDITIONS AND YOU ARE RESPONSIBLE FOR THE VEHICLE, INCLUDING ANY DAMAGE OCCURRING TO THE VEHICLE FROM THE TIME AND DATE OUT UNTIL YOU HAVE RETURNED THE VEHICLE AND BRISTOL HAS INSPECTED AND ACCEPTED IT. IF YOU RETURN THE VEHICLE WHEN THE RETURN LOCATION IS CLOSED, YOUR RESPONSIBILITY FOR THE VEHICLE CONTINUES UNTIL THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND BRISTOL HAS INSPECTED AND ACCEPTED IT. TIME CHARGES, CHARGES FOR LOSS DAMAGE WAIVER (LDW), AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON THE RENTAL AGREEMENT AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE VEHICLE IS RETURNED OR IF RETURNED WHEN THE RETURN LOCATION IS CLOSED THEN UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. If you do not return the Vehicle when required by this agreement, then Bristol may, at your expense, (including “recovery expense” as defined herein), recover the Vehicle where and when it is found. If the Vehicle is found illegally parked or apparently abandoned, or if the Vehicle is used as prohibited under paragraph 5, then Bristol may recover the Vehicle to the extent permitted by law. You waive any right to a hearing or to receive any notice or legal process as pre-condition for Bristol recovering the Vehicle. Upon return if the Vehicle requires more than Bristol’s standard cleaning or there is evidence of smoking, Bristol may charge You an additional fee to have the Vehicle cleaned.
Except as stated below or to the extend required by the law of the applicable jurisdiction, You are responsible for all loss of or damage to the Vehicle resulting from any cause, (Whether or not cause by You or any Additional Renter or Permitted Additional Driver), including but not limited to dents, windshield chips or cracks, tire damage, collision, rollover, theft, vandalism, seizure, fire, flood, hail or acts of nature or god, regardless of fault.
b) Your responsibility will not exceed the less of:
(1) The costs incurred by Bristol to repair the Vehicle or which Bristol would have incurred if the Vehicle was repaired; OR,
(2) The fair market value of the Vehicle at the time the Vehicle is lost or damaged. Less any net disposal proceeds.
Plus: Costs for towing, storage and impound fees; diminution of value of the Vehicle as determined by Bristol; the full retail value for the loss of use of the Vehicle; and related administrative charges and legal fees; the foregoing reduced by all that Bristol recovers from any other party. In respect of damage, you are not responsible for mechanical damage unrelated to an accident or that could reasonably be expected from normal use of the Vehicle except in instances where abuse or neglect by You or a Permitted Additional Driver is shown. You will not be liable for loss due to theft or the vehicle unless it is established that You, or a Permitted Additional Driver failed to exercise reasonable care, or committed or aided and abetted the theft of the vehicle.
c) If the Vehicle is returned with damage, then within 48 hours after the Vehicle is returned, You or your insurer must notify Bristol that you wish to inspect the damaged Vehicle or the right to inspect the damaged Vehicle will be deemed waived. The inspection must be completed within 5 days of the return of the Vehicle. However, if Bristol determines the Vehicle to be a total loss and subject to salvage, the 48 hour period shall not apply and Your or our insurer shall have 7 days to inspect the Vehicle from the date Bristol mails or emails a notice of your obligation. In any event, You must execute and return to Bristol a complete and accurate Police report and incident report, describing any physical and/or mechanical damage.
d) If You have purchased the optional loss damage waiver (“LDW”) or tire and windshield damage waiver (“G&T”) or other program offered by Bristol to limit your responsibility for damages which in each case is NOT INTENDED TO BE INSURANCE, Bristol will not hold You responsible for the loss or damage to the vehicle except to the extent of the applicable deductible amount shown as your financial responsibility on page one of the Agreement and subjection to subparagraph 4e) below.
e) If you have accepted LDW then your LDW will be void in the following circumstances: (i) The loss or damage is caused intentionally or as a result of willful, wanton or reckless conduct of the Driver; a failure of the driver to share the road; a lack of due attention by the driver; or , any conduct of the driver that results in a conviction under the Highway Traffic Act (ii) The loss or damage arises out of the Driver’s operation of the Vehicle while intoxicated or impaired by the use of alcohol or drugs; (iii) Bristol entered into the rental transaction based on fraudulent or materially false information supplied by You and/or a Permitted Additional Driver; (iv) The loss or damage arises out of the use of the Vehicle: while engaged in the commission of a crime or in a manner contrary to any applicable law. Other than a traffic infraction; (v) The loss or damage arises out of the use of the Vehicle to carry person(s) or property for hire, to push or tow anything, (unless Bristol has provide its prior written approval specifically authorizing towing with the Vehicle and the use for towing complies with that authorization), while engaged in a speed contest, operating off road, or for driver’s training; (vi) The loss or damage arises out of the use of the Vehicle by a person other than You or a Permitted Additional Driver; (vii) The loss or damage arises out of the use of the Vehicle outside of Canada without first obtaining specific written permission by Bristol, which permission may be withheld in Bristol’s sole discretion; (viii) You or Permitted Additional Drivers have failed to comply with the requirements for reporting damage or loss as set forth herein; (ix) The loss or damage arises out of a collision with an overhead and/or stationary object and/or and object offering insufficient height, width or clearance; OR (x) Loss or damage occurs during or related to use which is prohibited herein, including with limitations in paragraph 5 of this Agreement.
(xi) If Vehicle and/or any of its part(s) is stolen and Renter fails to do any of the following:
(a) file a police report within 24 hours after discovering the theft;
(b) cooperate fully with Bristol, police and other authorities in all matters connected with the investigation of the theft;
(c) ensure that Vehicle’s ignition is turned off at the time Vehicle is stolen.”
A vehicle is deemed to be stolen when the renter fails to return the original ignition key(s) and Bristol’s key tag identifying Vehicle;
(xii) if the renter, knowingly or accidently, puts in wrong fuel/gas in the vehicle.
f)Notice: For an additional charge, You may purchase optional vehicle protection to limit your financial responsibility for damage or loss to the rental vehicle to the deductible as specified in the first page of this Agreement. As the purchase of optional vehicle protection is optional. It may be declined by You. You are advised to carefully consider whether to purchase this protection and whether you have other means to provide rental vehicle collision protection.
g)You grant Bristol a limited power of attorney to present claims for damage to or loss of the Vehicle to your insurance carrier. If such coverage exists under your automobile insurance policy you may request that Bristol submit claims to your insurance carrier as your agent.
NEITHER YOU NOR ANY ADDITIONAL RENTER NOR AUTHORIZED OPERATOR MAY:
a) Permit the use of the Vehicle by anyone other than You, an Additional Renter of a Permitted Additional Driver;
b) Intentionally destroy, damage or aid in the theft of the Vehicle;
c) Allow the Vehicle to be affected by any illegal behaviour or circumstance.
d) Take or attempt to take the Vehicle anywhere outside Canada except as expressly permitted under this Agreement.
e)Engage in any willful or wanton misconduct, including but not limited to reckless conduct such as: the failure to use seat belts, the failure to use child seats or other child restraints where legally required, use when overloaded, use on unpaved roads or on roads which are not regularly maintained by a governmental authority, leaving the Vehicle and failing to remove the keys, or failing to close and lock all doors, Vehicle windows or the trunk.
f) Use or permit the use of the Vehicle by anyone:
Any use of the Vehicle in a manner prohibited above:
i)To the extent permitted by applicable law will cause You to lose the benefit of any limitation of your liability for loss of or damage to the Vehicle; see also paragraph 4e) with respect to the circumstances in which LDW will be void;
ii)To the extent permitted by applicable law, will cause You to lose the benefit of all coverage provided by Bristol 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 Bristol caused by the breach, together with Bristol’s related costs and legal fees.
You are responsible for all charges in any way incurred pursuant to this Agreement (the ”Charges”). Furthermore, You are jointly and severally responsible for payment of all Charges, together with any person, corporation or other entity whom, with Bristol’s consent, You direct the Charges to be billed. 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 late payment fees. You may also be charged a fee for any cheque used for payment of Charges that is returned to Bristol unpaid or for any credit, charge, debit/cheque charges which are not honoured. Payment for all Charges is due on the Due Back Date and Time in cash or by credit card, charge card, debit/cheque card or other device acceptable to Bristol. You may be required to present a credit card at the commencement of the rental and to agree to permit Bristol to bill charges to that card. Charges not known to Bristol at the Due Back Date and Time are payable by You, or by the person, corporation, or other entity to whom such Charges are to be billed, immediately upon issuance of an invoice therefore or by billing to the credit card, charge card or debit card presented at the time of rental or at time of return of the Vehicle. The payment of Charges by use of a credit card, charge card, debit card is governed by the terms of Your agreement with the card issuer.
If you present a credit card, charge card, or debit card at the commencement of the rental you authorize Bristol to:
Bristol will process one or more vouchers of payment for all charges at or following the completion of the rental. Bristol may audit all charges. If any errors are found, You will pay the corrected charges. If payment was by credit card, charge card, debit card, You authorized Bristol to correct the Charges by means of a further charge(s) against your card. Bristol will notify you of any correction.
The following are Charges You are responsible for:
8. REFUELLING OPTIONS
Most Bristol vehicles come with a full take of gas, but that is not always the case. These are three refueling options.
The cost of refuelling the vehicle yourself at the local service station will generally be lower than Bristol’s fuel and service charge and 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 vehicle prior to return.
You agree that Bristol, its agents, employees and affiliates are not responsible to You, any permitted additional driver(s) or anyone else for the loss of or damage to personal property which includes, without limitation, property left in any Bristol vehicle or brought on Bristol’s premises, no matter how cause, including but not limited to acts or omissions by You or anyone else, or, to the extent permitted by law, by Bristol. You and any authorized operator(s) agree to indemnify and hold Bristol, its agents, employees and affiliates, harmless from any claim against Bristol for loss or damage to personal property that is connected with any rental under this Agreement.
Except to the extent required by the law of the applicable jurisdiction:
If You and Permitted Additional Drivers are in compliance with the terms and conditions of this Agreement and if Bristol is obligated to extend its insurance to You, Permitted Additional Drivers or third parties, then Bristol’s obligation is limited to the applicable minimum financial amounts. To the extent required by law, Bristol’s insurance may also provide for limited Accident Benefits and Uninsured/ Unidentified Motorist Coverage. Bristol does not otherwise assume or extend any financial responsibility or insurance coverage to You, Permitted Additional Drivers, passengers or third parties. Bristol’s responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act. Plan or contract.
Indemnification by You and Permitted Additional Drivers
Subject to the foregoing in the paragraph 10:
Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection:
Except as required by law, or as provided for in the Agreement, Bristol does not provide personal injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through this Agreement. You expressly select such protection in the minimum limits with the maximum deductible and expressly waive and reject any such protection in excess of the minimum amounts required by law.
Operation of Vehicle Outside Canada
The Vehicle may not be driven outside Canada without first obtaining specific written permission from Bristol, which permission may be withheld in Bristol’s sole discretion. If permitted, You must first obtain through Bristol valid insurance coverage outside of Canada. Bristol does not provide any liability or loss damage waiver protection related to the Agreement while the vehicle is outside of Canada.
You must report any accident. Damage, theft or vandalism involving the Vehicle as soon as possible and in any event within 24-hours to Bristol and the police in the jurisdiction in which such incident takes place. You shall obtain as many details as possible concerning witnesses, other vehicles involved and their drivers, owners and relevant insurances. If You or any Permitted Additional Driver(s) receive any papers or documents relating to such an incident, those papers and documents must be promptly given to Bristol. You and any Permitted Additional Driver(s) shall cooperate fully with Bristol’s investigation of such incident and defense of any resulting claim. Failure to cooperate fully will void all liability protection and LDW coverage. You and any Permitted Additional Drivers authorize Bristol to obtain any records of information relating to any incident, irrevocably and unconditionally consent and submit to the jurisdiction of the courts and the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.
Bristol will not be liable to You or any Permitted Additional Drivers for any indirect, special, or consequential damages (including lost profits) arising in anyway out of any matter covered by this Agreement.
You understand and agree that it is improper for You to file a lawsuit concerning the Agreement against any entity other than Bristol.
a) PAY YOUR TICKETS/TOLLS IMMEDIATELY – You are responsible for traffic/toll/parking violations and towing/storage/impoundment charges, and any related fees and penalties incurred during the rental. You will be charged for any such costs imposed on Bristol and to the extent permitted by law, administrative fees, including those related to collection expense or the cost of sending information about you to a government entity.
b) Bristol may collect and use personally identifiable data about You, among other things, Bristol may use and disclose personally identifiable data about You as it reasonably believes is necessary to protect its business; to comply with applicable law; to protect the rights, privacy, safety or property to You or others; and to permit Bristol to pursue available remedies or limit the damages that it may sustain. Bristol may disclose personally in identifiable data about You in response to requests from law enforcement agencies or government regulators.
c) If You lose the keys and/or the remote keyless entry to the Vehicle, or if you lock the keys and/or the remote keyless entry in the Vehicle and request assistance from Bristol, Bristol may charge You for the costs of replacing the keys and/or the Vehicle’s remote keyless entry,(if possible), or towing the Vehicle to the nearest Bristol location.
The Vehicle may be equipped with tracking device(s) or Telematics System(s). Bristol has the right to monitor, track and locate the Vehicle through Telematics Systems or otherwise. Bristol has the right to disable and repossess the Vehicle through Telematics Systems or otherwise without demand at your expense at any time if the Vehicle is illegally parked, used in breach of the geographic driving restrictions, used in violation of any law, the Vehicle appears to be abandoned or if your contract with Bristol is breached in anyway. Some or all Telematics System functionality may or may not be active during the rental period or may be deactivated automatically or may cause the Vehicle to shut down or become inoperable and without warning or notice. You and Permitted Additional Drivers acknowledge that such systems utilize wireless technology to transmit data and, therefore, privacy cannot be guaranteed and is specifically waived and disclaimed by You and Permitted Additional Drivers. You and Permitted Additional Drivers authorize any person’s use or disclosure of or access to i) location information ii) automatic crash notification to any person for use in the operation of an automatic crash notification system and iii) operational condition, mileage, diagnostic and performance reporting of the Vehicle as permitted by law. You shall inform all Permitted Additional Drivers and passengers of the terms of this section and You have authorized such use, disclosure or access as provide herein. You and Permitted Additional Drivers release Bristol, the operator of the Telematics System, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damages (including incidental and/or consequential damages) properly or otherwise arising from the use of the Telematics System by You and/or Permitted Additional Drivers or Bristol.