Montreal / Toronto / Sherbrooke Minivan and Van Rentals

 
The present Policy constitutes an AGREEMENT between YOU (the “RENTER”) whose name appears in the reverse side and Horizon Autos Inc. (the “COMPANY”) for the rental of a vehicle (the “VEHICLE”) belonging to the COMPANY. YOU, the RENTER, enter in the present agreement for the purpose of using the VEHICLE (including, its tires, tools, accessories, equipments and documents) described on the reverse side. In return, you accept all the terms and conditions hereinafter stipulated and agree to pay all charges in connection with the rental of the VEHICLE as detailed on the reverse side hereof. By affixing your signature to the present AGREEMENT, YOU acknowledge having taken communication of its terms and conditions. For matters arising from this AGREEMENT, RENTER authorizes the COMPANY to verify and / or obtain through credit agencies or other sources RENTER's personal, credit and / or insurance information. This AGREEMENT, between RENTER and COMPANY, cannot be altered by another document or oral agreement unless agreed to in writing and signed by RENTER and COMPANY. 1. AUTHORIZED DRIVER: A) LIMITED USE During the time the VEHICLE is leased to you under the present AGREEMENT, it may only be driven by Authorized Driver B) DEFINITION: An AUTHORIZED DRIVER (“AD”) is: A- YOU, the RENTER, provided that you are at least twenty one (21) years old and have had, for more twenty four (24) month a valid Driver’s license which will be in effect though the duration of this AGREEMENT and /OR. B- Any Driver who has had , for more than twenty four (24) month a drivers license which will be valid through the duration of this agreement and who has been accepted in writing by the COMPANY as an additional driver having signed the present AGREEMENT; C- INTERPRETATION: For the purpose of the present AGREEMENT and within the proper context, the word “YOU” shall be designate any driver authorized according to the preceding definition 2. CONDITION OF THE VEHICLE RETURN AND REPOSSESSION. The VEHICLE is delivered to you in a good mechanical and body condition. YOU agree to return the VEHICLE to the COMPANY in the same condition you received it, at the date and the point of return specified hereunder and during the posted business hours. YOU agree to pay the supplementary charges stipulated by the COMPANY if you return the VEHICLE at a date or point other than those stipulated. The COMPANY may at any time, without previous notice and at your expense, take possession of the VEHICLE if it is illegally parked, used in violation of the law or of the present AGREEMENT, if it is not returned at the date specified or if it appears to have been abandoned. In such an event, you renounce by these presents to any and all recourse or claim against the COMPANY for any damages, direct or indirect resulting from its repossession. RENTER IS RENTING VEHICLE "AS IS" AND HAS HAD AN ADEQUATE OPPORTUNITY TO INSPECT VEHICLE AND ITS OPERATION BEFORE LEAVING COMPANY'S PREMISES. If RENTER determines VEHICLE is unsafe, RENTER shall stop operating VEHICLE and notify the COMPANY immediately. 3. Payment by RENTER A) RENTER shall pay COMPANY on demand as set forth on the reverse side hereof: A- The hour, day, week and month charges on the reverse side hereof for the Rental Period. The hourly charge if shown on the reverse side hereof shall apply to each full or partial hour in excess of a rental day. The hourly charges shall not exceed the cost of one additional day If RENTER returns VEHICLE during non-business hours or to any place other than the original rental office RENTER is responsible for all rental charges until an employee of COMPANY checks in VEHICLE. B- The charge per Kilometer for all kilometers exceeding the free kilometers set forth on the reverse side hereof, permitted for the Rental Period. C- The optional equipment, services and/or products charges for those items accepted by RENTER. D- The fuel charge at the rate shown on the reverse side hereof. If based on consumption and VEHICLE is returned with less fuel than when rented, the charge is for the estimated difference in fuel level shown on the fuel gauge from the time VEHICLE is rented to the time it is returned. RENTER shall not receive a refund or credit if VEHICLE is returned with more fuel than when RENTER received the VEHICLE or RENTER purchased pre-paid fuel indicated on the reverse side hereof. E- The taxes and surcharges. F- Other charges as indicated on the reverse side hereof, including for instance Drop charges. B) Obligations of RENTER - RENTER shall pay COMPANY on demand. A. A vehicle recovery fee of $100 or $.50 per kilometer between return location and original rental office, whichever is greater, if RENTER returns VEHICLE to a location other than the original rental office unless a drop charge has been shown on the reverse side hereof. B. For damage to, loss, or theft of VEHICLE, including all related costs. C. A fees of 500$ if VEHICLE is involved in an accident and / or damaged during the rental period. D. All fines costs and legal fees for legal violations incurred by COMPANY against VEHICLE, driver or COMPANY occurring during the Rental Period, unless caused by COMPANY. COMPANY may charge an administrative fee. E. All expenses incurred by COMPANY in the collection of amounts due to COMPANY under this AGREEMENT or in regaining possession of VEHICLE or in enforcing any term or condition of this AGREEMENT including legal fees, COMPANY's administrative fees, and any other costs or expenses incurred by COMPANY. IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF DEPOSIT OR SECURITY, RENTER AUTHORIZES THE COMPANY TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING IF ANY THIRD PARTY TO WHOM A BILLING WAS DIRECTED REFUSES TO MAKE PAYMENT. All charges are subject to final audit by COMPANY. At the moment of signing the agreement, you authorize the company to fill in a credit card receipt in your name and to cover the estimated rental charges and the other charges provided hereunder and undertake to have the issuing credit card company reserve the corresponding amount. 4. Limits on Use and Termination of Rights to Use RENTER agrees to the following limits on use: A) VEHICLE shall not be driven by any person other than RENTER or AD without COMPANY's prior written consent. B) VEHICLE shall not be used for transporting persons or property for hire; such as a school bus; or for driver training. C) VEHICLE shall not be used for any legal purposes, in any illegal or reckless manner, in a race or speed contest, or to tow or push anything. D) VEHICLE shall not be used to carry passengers in excess of the number of seat belts provided by manufacturer. E) RENTER shall not remove any seats from VEHICLE. F) VEHICLE shall not be driven by any person impaired by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription. G) VEHICLE shall not be driven or taken outside of the provinces and states authorized on the reverse side hereof of this AGREEMENT. H) VEHICLE shall not be driven on an unpaved road or off-road. I) VEHICLE shall not be operated by anyone: who has given a fictitious name, false address, or a false or invalid driver's license; whose driver's license becomes invalid during the Rental Period; who has obtained the keys without permission of COMPANY; who misrepresents or withholds facts to or from COMPANY material to rental, use or operation of VEHICLE. J) RENTER shall not transfer or assign this AGREEMENT and/or sublease VEHICLE. K) VEHICLE shall not be used to transport explosives, chemicals, corrosives or other hazardous materials or pollutants of any kind or nature. In the event of any violation of the limits on use or any other provision of this AGREEMENT, COMPANY automatically, without any further notice to RENTER or AD, terminates their right to use VEHICLE and COMPANY retains any other rights and remedies provided by law. COMPANY has the right to seize VEHICLE without legal process or notice to RENTER or AD. RENTER and AD hereby waive all claims for damages connected with such seizure, and shall pay all expenses incurred by COMPANY in returning VEHICLE to the original rental office. If RENTER or AD continues to operate VEHICLE after the right to do so is terminated, COMPANY has the right to notify police VEHICLE has been stolen. RENTER and AD hereby release and discharge COMPANY from any liability arising from such notice. 5. Accidents Accidents involving VEHICLE must be immediately reported in writing to the office where VEHICLE was rented, and in no event later than the following business day after the accident. RENTER must immediately deliver to the office where VEHICLE was rented every process, pleading or paper relating to any claims, suits and proceedings arising from such accident. In the event of a claim, suit or legal proceeding RENTER and AD shall cooperate fully with COMPANY. 6. Damage to, Loss or Theft of VEHICLE and related costs RENTER accepts responsibility for damage to, loss or theft of VEHICLE or any part or accessory regardless of fault or negligence of RENTER or AD or any other person or act of God. RENTER shall pay COMPANY the amount necessary to repair VEHICLE, However, if VEHICLE is stolen and not recovered or COMPANY determines VEHICLE is salvage, RENTER shall pay COMPANY the fair market value less any sale proceeds. For purposes of this AGREEMENT, fair market value shall be the retail value of VEHICLE immediately preceding the loss. Damages for which RENTER is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees and other costs incurred by COMPANY to recover VEHICLE and to establish damages. If RENTER returns VEHICLE during non-business hours or to any place other than the original rental office, RENTER is responsible for any and all damages until an employee of COMPANY checks in VEHICLE. RENTER shall not have VEHICLE repaired without permission from COMPANY. 7. Motor VEHICLE Liability Insurance COMPANY has arranged for motor vehicle liability insurance With INTACT COMPANY, to provide coverage in accordance with the standard automobile insurance policy up to a limit of $50,000 for third party liability. To the extent required by law, the insurance also provides for limited Accident Benefits and Uninsured/Unidentified Motorist Coverage. COMPANY does not otherwise extend any of its motor vehicle financial responsibility or provide insurance coverage to RENTER, AD(s), drivers, passengers or third parties. COMPANY's financial responsibility does not extend to liability imposed or assumed by anyone under any worker’s compensation act plan or contract. 8. Personal Property COMPANY is not responsible for any damage to or theft of RENTER's personal property whether the damage or theft occurs during or after termination of the rental transaction. RENTER acknowledges and agrees that no bailment is or shall be created upon COMPANY, whether actual, constructive or otherwise. For any personal property carried in or left in VEHICLE or on COMPANY’s premises. 9. Indemnification by RENTER and AD. A- RENTER and AD shall defend, indemnify and hold COMPANY harmless from al losses, liability, damages, injuries, claims, demands, costs, legal fees, and other expenses incurred by COMPANY any manner from this rental transaction or from the use of Vehicle by any person. B- In the event of an accident or occurrence that may cause legal liability to be imposed on COMPANY, I. RENTER and AD shall indemnify and hold harmless COMPANY for the amount of any such liability if the vehicle was 1.being driven by, or in the possession of, any person other than the RENTER or AD; or 2.being used in contravention of the terms of this rental AGREEMENT. II. RENTER and AD shall indemnify and hold harmless COMPANY with respect to liability imposed on the owner that exceeds the limit of coverage of COMPANY's primary liability insurance coverage of described in paragraph 7 (point 7) above. 10. Personal Injury Accident Benefits and Uninsured/Unidentified Motorist Protection, Except as required by law, or as provided by the insurance described in paragraph 7 (point 7 above), COMPANY does not provide personal injury Accident Benefits protection, or Uninsured/Unidentified Motorist protection through this AGREEMENT. RENTER expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects any such protection in excess of the minimum amounts required by law. 11. Power of Attorney. RENTER hereby grants and appoints to COMPANY a limited Power of Attorney: A) to present insurance claims of any type to RENTER's insurance carrier if: a)Vehicle is damaged, lost or stolen during the Rental Period and if RENTER fails to pay for any damages; or b)Any liability claims against COMPANY arise in connection with this rental transaction and RENTER fails to defend, indemnify and hold COMPANY harmless from such claims. B) to endorse RENTER’s name to entitle COMPANY to receive insurance payments directly for any such claims, damages, liabilities or rental charges. 12. Severability. If any provision of this AGREEMENT is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. Where both a French and English version of this agreement have been provided, the English version shall govern on any questions of interpretation and in resolution of any ambiguity or conflict. 13. Limitation of Remedy/No Consequential Damages. If COMPANY breaches any of its obligations under this AGREEMENT and/or if VEHICLE has any mechanical failure or other failure not caused by RENTER or AD and if COMPANY is liable under applicable law for such breach or VEHICLE failure. COMPANY's sole liability to RENTER and AD and RENTER's and AD's sole remedy is limited to the substitution of another similar VEHICLE by COMPANY to RENTER and to recovery by RENTER of the pro rata daily rental rate for the period in which RENTER or AD did not have use of VEHICLE or substitute VEHICLE. RENTER AND AD WAIVES ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AD AND SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AD.

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