Rentals
Rental Terms and Conditions
1099145 ALBERTA LTD O/A BIG WEST RENTALS
Rental Terms and Conditions
These Rental Terms and Conditions, any documents signed by you or to which you have electronically consented, any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental, the Privacy Notice, and a return record with the computed rental charges together constitute the rental agreement (collectively, “Agreement”) between you and 1099145 ALBERTA LTD O/A BIG WEST RENTALS, and any affiliate conducting business under the Big West Rentals brand or independent Big West Rentals System Licensee identified in the Agreement (collectively, “Big West Rentals”). “We”, “our”, and “us” means Big West Rentals, and “you” and “your” means the person who signs the Agreement. You agree that you are not our agent for any purpose and that you cannot assign or transfer your obligations under this Agreement. You rent from us the Vehicle described in the Agreement, which rental is solely a bailment for mutual benefit. By renting a Vehicle from Big West Rentals, you agree to these Rental Terms and Conditions, if such term is not prohibited by Applicable Law of a jurisdiction covering this rental, in which case such law controls. You agree that failure to comply with these Rental Terms and Conditions will constitute a breach of the Agreement. If you breach the Agreement, we may exercise all remedies permitted to us under this Agreement or by law, which include but are not limited to terminating the current rental, refusing to enter future rental agreements with you, and/or asserting claims against you for any damages we incur because of your breach.
You should keep handy the following phone numbers during your rental:
o For rental extension requests: 780-470-3316
o For reservations: 780-470-3316
o For emergency 24-hour Roadside Assistance: 1-800-241-3673
o For incidents involving law enforcement: 780-470-3316
1. Vehicle Use Terms.
1.1 Who May Drive the Vehicle. Only you may operate the Vehicle, except as provided below. You represent that you are a capable and validly licensed driver. You represent that the license you provided is valid, and that it is not modified, suspended, revoked, or restricted. Digital and temporary licenses are not acceptable for purposes of the rental. You acknowledge that we may use a device or application to scan your license for purposes such as verifying its authenticity, confirming your identity, or as authorized under Applicable Law. By providing us with your license, you consent to this scanning and the use of your personal information as described in our Privacy Notice at Big West Rentals.com/privacy. We reserve the right to deny any rental or to terminate this rental in our sole discretion. Except where specifically required by Applicable Law, only you, your spouse or domestic partner, or, if you rent from us under your employer’s corporate account agreement, your employer or a regular fellow employee incidental to business duties may drive the Vehicle, but only with your prior permission. Authorized Drivers must be (i) at least 25 years old, and (ii) capable and validly licensed drivers in possession of a license that is not modified, suspended, revoked, or restricted. Where permitted by Applicable Law, we may charge a fee for each additional Authorized Driver, which charge is specified in the Agreement. You are responsible for ensuring that the Vehicle is used according to the terms of this Agreement by all Authorized Drivers. You agree that you will remain financially responsible under the Agreement even if the car is operated by an Authorized Driver or someone other than yourself.
1.2 Keeping the Vehicle Safe and Secure. You, and any Authorized Driver, must operate and park the Vehicle in compliance with all laws, regulations, and ordinances, including using child safety seats (see Paragraph 2.6(n)) and passenger safety restraints wherever required by Applicable Law. You, and any Authorized Driver, must refrain from using mobile phones or other handheld devices while operating the Vehicle and must otherwise exercise sound judgment and safe-driving practices while operating the Vehicle. You may not leave the Vehicle unattended unless all windows, doors and trunks are closed and locked, and the Vehicle is in a secure location where you are allowed to park. You must take reasonable precautions to safeguard the keys to the Vehicle from anyone other than yourself and any Authorized Driver.
1.3 No Smoking or Vaping. We maintain a 100% smoke-free fleet. No one may smoke or vape any substance inside or immediately surrounding the Vehicle. If, in our sole discretion, we determine the Vehicle smells of smoke, vape or any other substance, we may charge you a fee, as per Paragraph 2.6(c).
1.4 Returning the Vehicle.
1.4(a) When to Return the Vehicle. You must return the Vehicle in the same condition you received it, ordinary wear and tear excepted, at the Designated Return Time identified in the Agreement. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee. You may not return the Vehicle to a location when the location is closed. If you do so, we will treat the Vehicle as though it was not returned until the location reopens and we take actual possession of the Vehicle. You will remain responsible for daily charges, late fees, damages, and/or loss until we take actual possession of the Vehicle, including its keys. If we do not find the Vehicle when the location reopens, you are responsible for all charges and for damage to or loss of the Vehicle until the Vehicle is returned or recovered. If you wish to extend any rental contract, you must contact us at 780-470-3316 prior to the Designated Return Time. We may grant or deny an extension, in our sole discretion, for part of or the entire period you request. If we do grant an extension, a different or higher rate and a service fee may apply to the extension period.
1.4(b) Where to Return the Vehicle. You must return the Vehicle to the Designated Return Location identified in the Agreement. Express Car Return may be available at certain locations. If you wish to return the Vehicle at a location other than the Designated Return Location, you must contact us prior to the Designated Return Time. We may, in our sole discretion, deny permission to return the Vehicle to an alternative location. If we grant permission to return the Vehicle to an alternative location, we may apply different rates and additional fees or charges, which could increase the cost paid by you.
1.4(b)(1) Returning Electric Vehicles. Due to the unique infrastructure needs associated with an Electric Vehicle (“EV”) (e.g., a specific charger), your EV must be returned to the Designated Return Location, and if it is not, all costs incurred in transporting your EV to the Designated Return Location will be assessed to you. In addition, you will be assessed a fee for Big West Rentals’ loss of use of the EV between the time that you should have returned the EV and the time that it is returned to the Designated Return Location, up to a maximum of thirty (30) days. The loss-of-use fee will be your daily rental rate.
1.4(c) If You Fail to Return the Vehicle. If you fail to return the Vehicle at the Designated Return Time and to the Designated Return Location, subject to any approved extensions or modifications described in Paragraph 1.4(b), you will breach this Agreement. We may, at our discretion and subject to any notice requirements imposed by Applicable Law, treat your failure to return the Vehicle according to the terms of this Agreement as a theft or other illegal taking. You may be charged for any fees associated with the failure to return the Vehicle, and any payment by the payment card does not constitute a waiver of our right to treat the Vehicle as stolen.
1.5 Vehicle Use Prohibitions and Responsibilities. Certain uses of the Vehicle and other things you or another person may do, or fail to do, will violate this Agreement. ANY VIOLATION OF THIS PARAGRAPH CONSTITUTES AUTOMATIC BREACH OF THE AGREEMENT AND GROUNDS FOR US TO DEMAND IMMEDIATE RETURN OF THE VEHICLE AND, WHERE PERMITTED BY APPLICABLE LAW, TO RETAKE POSSESSION OF THE VEHICLE. ANY VIOLATION OF THIS PARAGRAPH IS ALSO AN EXCLUSION FROM, AND AUTOMATICALLY VOIDS, ALL LIABILITY PROTECTION AND ANY AND ALL PRODUCTS AND SERVICES, INCLUDING BUT NOT LIMITED TO THE ENTIRE ADDITIONAL LIABILITY INSURANCE POLICY, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE ASSISTANCE, LOSS DAMAGE WAIVER, AND PARTIAL LOSS DAMAGE WAIVER. YOU WILL ALSO BE LIABLE FOR ANY PENALTIES, FINES, FORFEITURES, LIENS, RECOVERY COSTS, AND STORAGE COSTS, AS WELL AS ANY RELATED LEGAL FEES, EXPENSES, AND COSTS (INCLUDING ON APPEAL), WE MAY INCUR AS A RESULT.
1.5(a) Prohibited Uses of the Vehicle. You will violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:
1.5(a)(1) Allow anyone except you or an Authorized Driver to operate the Vehicle;
1.5(a)(2) Use the Vehicle to carry passengers or property for hire;
1.5(a)(3) Use the Vehicle to tow or push anything;
1.5(a)(4) Operate the Vehicle while (i) under the influence of alcohol or any other substance that Applicable Law prohibits the use of while driving; or (ii) using a mobile phone or other hand-held device, unless it is in a hands-free mode;
1.5(a)(5) Use the Vehicle in connection with any conduct, other than a traffic infraction, that could properly be charged as a felony or misdemeanor or reckless driving, including the transportation of a controlled substance or contraband;
1.5(a)(6) Transport the Vehicle into Mexico, unless we give you express written permission; or
1.5(a)(7) Use the Vehicle (i) to carry hazardous materials; (ii) in a test, race, or contest; (iii) on unpaved roads; and/or (iv) recklessly or while overloaded.
1.5(b) Responsibilities of Use. You will also violate Paragraph 1.5 and the Agreement if you or a person you allow to possess or operate the Vehicle (regardless of whether that person is an Authorized Driver) do any of the following:
1.5(b)(1) Fail to promptly report to us and, where required by Applicable Law, to law enforcement authorities, any damage to or loss of the Vehicle when it occurs or when you learn of it; fail to provide us with a written accident/incident report or fail to cooperate fully with our investigation; or fail to promptly report any interaction with law enforcement during your rental, as provided in Paragraph 3;
1.5(b)(2) Fail to secure the Vehicle as provided in Paragraph 1.2;
1.5(b)(3) Intentionally or with willful disregard cause or allow damage to the Vehicle; or
1.5(b)(4) Return the Vehicle when the location is closed, and the Vehicle is subsequently damaged, stolen or vandalized, as provided in Paragraph 1.4 (including all subparts).
1.6 Misrepresentation/Repossession of the Vehicle. We can repossess the Vehicle at any time in our sole discretion for reasons that include but are not limited to the following: you obtained possession of the Vehicle through any fraud or misrepresentation; or the Vehicle is found illegally parked, is being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we do not need to notify you in advance and that we may take any actions reasonably necessary to obtain possession of the Vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the Vehicle or affecting the Vehicle’s operation. If the Vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the Vehicle. You agree that such costs will be charged to the payment card or account used to rent the Vehicle. If the Vehicle is repossessed because of fraud or misrepresentation, except where expressly prohibited by Applicable Law, liability protection and products or services will be automatically null and void, including but not limited to Additional Liability Insurance, Personal Accident Insurance, Personal Effects Protection, and Extended Roadside Assistance.
2. Standard Charges. You will pay us the following standard charges for the rental of the Vehicle:
2.1 Daily Charges. You will pay the daily rate stated in the Agreement for each Day, or part of any Day, of the rental. The minimum charge is one Day, plus mileage or a fixed fee. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins.
2.2 Mileage Charges. You will also pay for the number of miles you drive, or a fixed fee, if applicable, at the rate stated in the Agreement. We will determine the number of miles you drive by reading the factory-installed odometer.
2.3 Rate Eligibility Requirements. If at the time of booking, the rate in the Agreement is a conditional rate (such as a special rate, promotional rate, or corporate rate) or benefit discount code, and at the time of booking or at any time during your rental, you fail to meet the conditions of the rate, we will charge you the applicable default higher rate for similar rentals. An unauthorized use of a conditional rate or benefit discount code will be viewed as an unlawful use and theft of services for which Big West Rentals can pursue legal remedies, including but not limited to reasonable attorneys’ fees and costs, and for which Big West Rentals can void any associated discounts or rental benefits. Big West Rentals also reserves the right to cancel, terminate and/or not honor vehicle reservations, including prepaid reservations, where we determine in our sole discretion the rate or other material information related to the rate on the reservation is manifestly incorrect or there is an abuse of our policies. If we do not process a reservation for such reason, we will either refund the amount paid or will not charge you for the reservation.
2.5 Fuel Service. Most rentals come with a full tank of fuel, but that is not always the case.
2.5(a) If you drive fewer than 75 kilometres. Where applicable, and if permitted by Applicable Law, if you drive the Vehicle fewer than 75 kilometres, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the rental document and at the counter prior to rental. You may avoid this charge by providing a receipt for fuel purchased at time of return, after which the flat fee will be reversed from your total rental charges.
2.5(b) If you drive 75 kilometres or more. If you drive the Vehicle 75 miles or more, there are three refueling options: Returning the Vehicle with less fuel. If you do not accept the fuel service option (see below), where available, at the beginning of your rental, and you return the Vehicle with less fuel than was in it when you received it, you will pay a fuel service charge at the applicable per-mile or per-gallon rate specified on the rental document. The per-mile rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the Vehicle’s odometer, times the per-mile rate shown on the rental document. The per gallon rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the Vehicle was when you received the Vehicle (by using the factory-installed gauge, rounded down to the nearest 1/8 tank, or by using telematics for connected cars, rounded down to the nearest 1/10 tank), times the per-gallon rate shown on the rental document. Although two methods are used for ease of calculation, the per-mile and per-gallon rates produce approximately the same result. Some of our vehicles are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your Vehicle has such a device, you will be charged for the actual amount of fuel needed to fill the tank based on the reading of this device. Fuel service option. If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the Agreement for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. The per-gallon cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the Vehicle yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel. Fuel before you return. You may avoid a fuel service charge if you return the Vehicle with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
2.6 Miscellaneous Fees/Charges. Except where prohibited by Applicable Law, you will also pay us the following miscellaneous fees and charges, where applicable:
2.6(a) Surcharges, Fees, and Taxes. You will pay certain taxes, including sales, use, rental, environmental and excise taxes; customer facility fees; concession recovery fees; vehicle license recovery fees; tax-related surcharges; and other similar fees and charges imposed by local, state, federal, or other authorities.
2.6(b) Redemption Fees. If you present any rewards certificates, coupons or vouchers associated with a loyalty rewards program, you may be charged a redemption fee. Additionally, if you choose to earn airline miles or other benefits with a comparable loyalty program, you may be charged a fee.
2.6(c) Cleaning Fees. You will pay a reasonable fee for cleaning the Vehicle’s interior or exterior for what we determine in our sole discretion are excessive stains, trash, dirt, soilage, odors, or pet hair after the Vehicle is returned. If we discover any evidence of violation of our smoke-free and vape-free policy as provided in Paragraph 1.3, we may charge a fee for interior cleaning and for repair of any damage caused by your violation of this policy.
2.6(d) Authorized Drivers. We may charge a fee, as stated in your Agreement, for each additional Authorized Driver.
2.6(e) Extensions/Modifications. We may charge a $12 fee in addition to standard daily and mileage rates if we grant in our sole discretion your request to extend the Agreement or to return the Vehicle to any location other than the Designated Return Location.
2.6(f) Battery Charging Fee for Electric Vehicles (“EVs”). The range of your EV will vary based on several factors including vehicle load, driver’s actions such as speed and acceleration, climate, and terrain factors such as inclines. Big West Rentals does not warrant or guarantee the range of an EV. Your EV must be returned to Big West Rentals with a battery charge level of at least 70%. You may recharge the EV at public or private locations at your expense. You may have to register or create an account at some of these locations, and you are responsible for any required registration (including accepting the terms and conditions and privacy policy) and any fees. If the EV is returned with a battery charge level at less than 70% but more than 10%, a charging fee of $35 will be assessed to you. If the EV is returned with a battery charge level less than 10%, you will be assessed an additional low-charge fee of $35 (equaling a total of $70 in charging fees if returned with a battery charge of less than 10%). The charging fee is based on the kilowatt hours, overhead, loss of use of the EV, and administrative costs Big West Rentals incurs in charging the EV. Fees assessed in the United States refer to U.S. dollars and fees assessed in Canada refer to Canadian dollars.
2.6(g) Charging and Idle Fees for Tesla EVs. If you rented a Tesla EV, you will be able to access Tesla Superchargers, subject to availability, to recharge Tesla vehicles, provided, however, any charging fee or idle fee, expense and/or costs to access and utilize the Tesla Superchargers are charged to Big West Rentals and will be billed back to you at cost plus a reasonable administrative fee. These charges may not appear on your final invoice and may be charged to your payment card later due to processing, billing, and invoicing requirements. See Tesla’s website for definition and details about idle fees, https://www.tesla.com/support/supercharger-idle-fee. Paragraph 2.6(g) shall continue to apply to you.
2.6(h) Towing/Impound/Vehicle Delivery Fees. You will be charged actual towing charges and a commercially reasonable administrative charge. If you return the Vehicle to a location different from the location where the rental began (even if it is the Designated Return Location), we may charge an additional fee. If the Vehicle is not returned as required by this Agreement, in addition to any continued accrual of daily charges and late fees until we locate and take possession of the Vehicle, we may charge reasonable costs we incur in releasing the Vehicle from impound or storage and/or towing or delivering the Vehicle from where it was recovered.
2.6(i)(1) Special Fees for EVs. If you fail to return an EV to the Designated Return Location, the following fees will be assessed to the extent allowed by Applicable Law in addition to those above: (1) all costs incurred in transporting the EV back to the Designated Return Location; (2) a fee, which will be equal to your daily rental rate up to a maximum of 30 days, for our loss of use of the EV between the time that the EV was due to be returned and the time that the EV was actually returned to the Designated Return Location.
2.6(j) Late Return Fees. In addition to the daily rental rate and any applicable mileage charges for excess use of the Vehicle, we may charge an additional daily fee if you do not return the Vehicle at or before the Designated Return Time.
2.6(k) Fines, Expenses, Costs, and Administrative Fees. You agree to pay all fines, tickets, penalties, and court costs (including on appeal) for parking, traffic, red-light, toll and other violations, including storage liens and charges, if assessed directly against you. You also agree that we may provide any information requested by law enforcement authorities as part of any investigation of an alleged infraction. To the extent any tickets, citations, fines, penalties, or administrative fees are assessed against us because of the operation or use of the Vehicle from the time you take possession of it until it is returned to us, you agree to indemnify us from all resulting damages, losses, costs, and expenses. We have no obligation to contest or otherwise defend you against any alleged infraction.
You agree that we may, in our sole discretion if Applicable Law allows the fine to be assessed against us or the Vehicle, pay all tickets, citations, fines, and penalties on your behalf directly to the issuing authority and charge you unilaterally for the fine or penalty, plus court costs, attorneys’ fees, bonds or sureties, or other costs incurred by us as a result, including but not limited to impound fees or other costs to recover possession of the Vehicle. We may also charge you a reasonable administrative fee, to the extent permitted by Applicable Law, for each infraction, not to exceed the lesser of $25 or 10% of the amount we incur. You are strongly encouraged to promptly pay all fines, penalties, court costs, monetary assessments, fees, surcharges, or other charges assessed against you directly to the court, county government, or other appropriate government agency, and to provide proof of payment to us, to avoid these additional charges.
Verra Mobility (VMS) is our agent for processing and billing any tickets, citations, fines, and penalties. You authorize us to release the rental and payment card information regarding your rental to VMS as our agent for the purpose of processing and billing you for any tickets, citations, fines, and penalties incurred by you or assessed against us or the vehicle during your rental plus, where allowed by Applicable Law, a reasonable administrative fee not to exceed $50 per violation. You authorize VMS to contact you directly regarding any ticket, citation, fine, or penalty assessed in connection with the use of the Vehicle from the time you take possession until the time it is returned to us.
2.6(l) Key/Fob Recovery Fee. We may charge a fee to cover the cost to us for replacement if you do not return the same number of keys, key cards, fobs and/or remotes to the Vehicle that you received at the beginning of the rental.
2.6(m) EV Equipment. All EV equipment including, but not limited to, charging equipment, keys, key cards, fobs and/or remotes provided with your EV must be returned. The full replacement cost of any EV Equipment not returned with your EV will be charged to you. Loss Damage Waiver, even if elected, does not cover EV Equipment. You are responsible for any damage to the EV, the charging station equipment and/or the charging location when charging the EV during your rental. You agree to indemnify and hold Big West Rentals harmless for any charges, expense, fees, fines or penalties incurred resulting from your charging or attempting to charge the EV (excluding mechanical malfunction of the EV, the charging equipment or the charging station not attributable to you or your use of the EV, EV Equipment, or the charging station).
2.6(n) Child Safety Seat Fee. Child safety seats are available for rental, for an additional fee where applicable, based on availability. We do not install child safety seats and are not responsible for any injuries resulting from the installation of or any defects associated with the device itself.
2.7 You are Responsible for Payment. You agree that you are responsible for all charges arising out of this Agreement. If we are directed to bill any charges made under this Agreement to any third party, such as an employer or insurer, you represent that you are authorized to do so by the third party. You are jointly and severally liable with any third party to whom the billing is directed. We may perform a credit check on your method of payment to ensure worthiness before releasing the Vehicle. If we perform a credit check on your payment card, you may also be asked to present a second form of current identification. ALL CHARGES ARE SUBJECT TO A FINAL DETERMINATION. THE TOTAL CHARGES FOR A RENTAL MAY BE HIGHER OR LOWER THAN ESTIMATED CHARGES PRESENTED AT THE TIME OF RESERVATION OR RENTAL DEPENDING ON A NUMBER OF FACTORS, INCLUDING BUT NOT LIMITED TO, RETURNING A VEHICLE TO A DIFFERENT LOCATION, ADDING ANCILLARY PRODUCTS, EXTENDING OR REDUCING THE RENTAL TIMEFRAME, CHANGING VEHICLE CLASSES, INCURRING TICKETS, CITATIONS OR TOLLS, OR FEES RELATED TO VEHICLE TOW, IMPOUND, OR DAMAGE, AND ANY ADDITIONAL FEES AS SET FORTH IN THIS RENTAL AGREEMENT. YOU AUTHORIZE US TO APPLY CREDITS OR CHARGES RELATED TO THIS AGREEMENT AFTER VEHICLE RETURN TO THE PAYMENT CARD USED AT TIME OF RESERVATION, RENTAL, OR AS OTHERWISE PROVIDED TO US.
2.8 Payment Card Reserve. If you use a payment card, including but not limited to a credit card or debit card, or a digital wallet or mobile payment application linked to your payment card, to make this rental reservation or to pay for the rental, you acknowledge that the card issuer may set aside or reserve an amount up to the greater of (i) the estimated total charges due under Paragraph 2 (including all subparts), as stated in the Agreement, or (ii) the deposit amount as stated on signs at the location where your rental begins. We are not responsible for any fees or charges by the payment card issuer because of the reservation, including overdraft fees. We will authorize the release of any excess reserve after the standard charges have been billed and the Vehicle has been returned to us according to this Agreement. We do not control payment card issuers, so we cannot guarantee the immediate availability of funds once we have released them. This Paragraph does not waive our right to make charges against your card in excess of the reservation or to make additional charges after we have released the reservation to the extent that the charges are otherwise authorized by this Agreement.
2.9 Errors/Adjustments. We will provide you with a preliminary statement of charges at or near the time you return the Vehicle. This statement is not final, and you may be responsible for additional charges, including but not limited to the following: fuel service charges; tolls, convenience fees, fines, citations, and penalties; charges for damage to the Vehicle; and other charges that have not yet been assessed or calculated as of the date of the statement. You will continue to be responsible for payment of further charges determined later and will receive a refund to the extent we review the preliminary statement and identify any excess charges. If you rent from us under your employer’s corporate account agreement, you acknowledge that we are entitled to contact your employer regarding any unpaid charges and to share with your employer any information you have shared with us in connection with this Agreement. If you do not rent using your employer’s corporate account agreement, you acknowledge that you are personally liable for all unpaid charges regardless of any agreement you may have with your employer or any other person for reimbursement of the charges.
2.10 Collections. You agree to pay a late fee of 1.5% per month (or the highest rate permitted by Applicable Law, whichever is less) for any amounts, including but not limited to charges, fees, tickets, expenses, fines, and all matters associated with the rental and/or damage to or loss of the Vehicle, including but not limited to acts of nature, under this Agreement if they are not paid within fourteen (14) days after we demand payment. You also agree to pay for any costs we may reasonably incur in collecting the unpaid charges or other amounts due under this Agreement including, but not limited to, court costs and attorneys’ fees (including on appeal) and insufficient funds fees for rejected checks. We may engage attorneys and/or third-party collection agents to collect unpaid charges. You agree that we are entitled to share any information provided by you in connection with this Agreement with our attorneys or third-party collection agents and that, except were prohibited by Applicable Law, any fees or costs billed to us by our attorneys and/or a third-party collection agency in collecting amounts owed under this Agreement will be included in costs we may recover from you. You understand that, to the extent that there are any unpaid charges, we reserve the right to report information to appropriate credit reporting agencies, and you authorize us to share the information necessary for such reporting.
3. Accidents/Incidents. You must report to us at 780-470-3316 any accident/incident involving the Vehicle as soon as it is safely and reasonably possible to do so, provide us with a written report, and otherwise cooperate in our investigation of the incident and recovery of damages. You also must promptly report any accident/incident involving the Vehicle to law enforcement authorities if required to do so by Applicable Law. You must also immediately report to us at 780-470-3316 any incident related to the Vehicle involving law enforcement.
3.1 Vehicle Damage/Loss. If you do not accept Loss Damage Waiver, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of Paragraph 1.5 (including all subparts), you are responsible and you will pay us for all loss of or damage to the Vehicle regardless of cause or who or what caused it, including but not limited to an act of nature. If the Vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s fair market retail value before it was damaged and the sale proceeds, except in Canada, Puerto Rico, or as otherwise required by Applicable Law. In Canada and Puerto Rico, you will pay the greater of the Vehicle’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sales proceeds. Depreciated book value may be higher than retail fair market value. You are also responsible for Loss of Use (“LOU”) of the Vehicle, which is defined as the applicable daily rate multiplied by the number of days taken to repair or replace the vehicle, not to exceed 30 days. Where permitted by Applicable Law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market retail value before it was stolen. As part of our loss, you will also pay for loss of use of the Vehicle, without regard to our fleet utilization, plus an administrative fee and appraisal, plus towing and storage charges, and diminished value, if any (“Incidental Loss”). If your responsibility is covered by any insurance, payment card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the Vehicle plus diminished value or the fair market retail value of the Vehicle (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. If the Applicable Law of a jurisdiction covering this rental requires conditions on Loss Damage Waiver that are different from the terms of the Agreement, such as if your liability for ordinary negligence is limited by such Applicable Law, that Applicable Law prevails. You understand that you are not authorized to repair or have the Vehicle repaired without our express prior written consent, and that if the Vehicle is repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental, per Paragraph 3.5 below.
3.2 Indemnification. Except where prohibited by Applicable Law, you will defend, indemnify, and hold us, and our parent and affiliated companies, harmless from all losses, liabilities, damages, claims, demands, awards costs, attorney fees, interest, and other expenses incurred by us in any manner from this rental transaction or from the use of the Vehicle by you or any person, regardless of whether that person is an Authorized Driver, including claims by third parties. You shall present a claim to your insurance carrier for such claims, events, and losses, but regardless, you will have final responsibility to us for all such claims, events, and losses. You agree that if the rental takes place at a location operated by an Big West Rentals System Licensee, any claim by you, including one that alleges unfair, deceptive or unconscionable conduct, your sole right and remedy is against that Big West Rentals System Licensee and not 1099145 ALBERTA LTD O/A BIG WEST RENTALS, its parent or any of its affiliated companies.
3.3 Liability Protection. Anyone driving the Vehicle who is authorized to drive it by the Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the Authorized Driver and/or you (the renter) up to the minimum financial responsibility limits required by the Applicable Law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of consortium or services. Where Applicable Law extends this protection to a non-Authorized Driver, the same limits will apply. Except where required by Applicable Law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any other insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by Applicable Law to anyone not permitted by the Agreement to drive the Vehicle, or to any person or instance where such protection is not afforded by the express terms of this Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply. You agree that we can provide such protection afforded by this Paragraph under a certificate of self-insurance or an insurance policy, or both, as we choose. In the event such protection is provided through self-insurance, we or a claims administrator designated by us will handle, adjust, defend, and pay covered claims without recourse to any insurance policy issued by an insurance company. In any case, a copy of the insurance policy and/or certificate of self-insurance will be available for your inspection at our main office. You understand that unless required by Applicable Law, we will not provide (a) any coverage for fines, penalties, punitive or exemplary damages; (b) any coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the driver’s family, or to a fellow employee arising out of or in the course of employment; (c) any defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered to the claimant; (d) supplementary no fault, non-compulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by Applicable Law. Where any of these coverages are required or implied by Applicable Law, the limits will be the minimum required under the applicable statute, and the coverage will be subject to any exclusions and limitations permitted by Applicable Law. Where permitted by Applicable Law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in the Vehicle for losses and damages suffered if injury is caused by the negligence of the driver of the non-rental vehicle who does not have any insurance or has insufficient insurance to pay
3.4 Assignment of Benefits/Insurance. If your responsibility for damage or loss is covered by any insurance, credit card benefit, travel insurance, or other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and to share any necessary information you have given to us in connection with this Agreement. You agree to cooperate with any request we may make for coverage under any such third-party benefits or insurance. If your responsibility is covered by any insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you authorize the benefit provider to handle and resolve the claim directly with us or our authorized representatives. Moreover, you assign your benefits directly to us to recover all consequential and incidental damages including but not limited to repairs of the Vehicle plus diminished value or the fair market retail value of the vehicle (less salvage value plus costs incurred in the salvage sale). You will remain primarily responsible and liable to pay us for any loss or damage, as provided in this Agreement, except payment we receive from the coverage provider. To the extent we recover any benefits from a third party that exceed the amount you owe us, we will set off or refund such overage, less our costs, including attorneys’ fees and interests.
3.5 Vehicle Repairs. You are not authorized to repair the Vehicle, and may not authorize repair by anyone else, without our express written consent. If you repair the Vehicle or have the Vehicle repaired without our consent, you will pay all costs we reasonably incur to restore the Vehicle to the condition it was in prior to your rental up to the fair market retail value of the Vehicle. To the extent your unauthorized repairs invalidate or in any way reduce the coverage of a warranty, you will be responsible for the costs of the invalidation of or reduction to the warranty. Where permitted by Applicable Law, you are also responsible for Diminished Value (“DV”) of the Vehicle, which is defined as the difference between the fair market value of the Vehicle immediately before the accident or incident giving rise to the repair and the fair market value of the Vehicle immediately after the repair. You are also responsible for any damages arising from the unauthorized repair of the Vehicle, including but not limited personal injury or diminution in resale value of the Vehicle.
4. Satellite/GPS Systems and Connected Car Data.
4.1 Use of Location Information. You should have no expectation of privacy or confidentiality as to the places where the Vehicle is driven while rented to you. You agree that we may, where permitted by law, use GPS precise location tracking devices installed in the Vehicle or location data generated by Connected Car technology for the purposes described in our Privacy notice, including without limitation to track or locate Vehicles which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, to analyze and enhance our services, improve efficiency in managing our inventory, maintaining our fleet and otherwise improving our services, and to identify Vehicles which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. If you are a representative of a corporate or commercial entity account, you agree to ensure that drivers of fleet Vehicles are provided notice and/or consent to such GPS tracking for these purposes where required by law.
5. Miscellaneous
5.1 Unique Terms for EVs and Tesla EVs. Software Updates. Your EV may contain onboard computers which periodically suggest software updates. YOU ARE NOT AUTHORIZED TO UPDATE THE IN-VEHICLE SOFTWARE UNLESS SPECIFICALLY REQUESTED TO DO SO BY BIG WEST RENTALS. If a software update prompt is received during your rental, disregard or press “cancel”. If you update software without authorization from Big West Rentals, you do so at your risk and you will be liable for any loss of use, interruption of service, incompatibility or expense incurred by Big West Rentals in restoring the EV to operation including, but not limited to, towing, software coding and technological expenses. No Automatic Carwashes for Tesla EVs. Tesla EVS may not be washed at an automatic carwash. Any damage to or loss of the EV caused by an automatic carwash shall be assessed as against you as provided above and will not be covered by LDW or PDW. If you do not purchase LDW or PDW and you rely on your personal insurance to cover your damage to the EV, it is your responsibility to ensure your insurance provides coverage for EVs and/or EV components.
5.2 Nature of the Agreement. This Agreement solely grants limited permission, subject to the terms and conditions described in the Agreement, to use the Vehicle. You are not an agent for us, and this Agreement does not transfer any ownership or other interest in the Vehicle. You may not assign or transfer the rights granted under this Agreement under any circumstances and any attempted assignment will breach this Agreement but otherwise will have no force or effect.
5.3 Waiver of Certain Types of Damages. You waive any claim against us for incidental, special, or consequential damages in connection with the rental. If a court finds that we have breached this Agreement, your damages shall not exceed the actual charges and fees paid by you to us pursuant to this Agreement.
5.4 Changes or Amendments. No changes may be made to this Agreement except in writing and signed by our authorized representative. You further agree that we have the unilateral right to change these Rental Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Big West Rentals web site and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental Vehicle are different. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Big West Rentals web site, which date will be indicated therein, without any requirement by you to sign the changed Rental Terms and Conditions.
5.5 Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Agreement. You may transfer your rights or obligations under these Rental Terms and Conditions to another person only if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
5.6 Cooperation. You agree to cooperate and coordinate with Big West Rentals generally and to take any actions Big West Rentals reasonably requests in connection with (i) this Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Agreement or your use of the Vehicle, including without limitation, execution and delivery of any documents Big West Rentals reasonably requests, giving testimony under oath, and taking any other actions Big West Rentals reasonably requests related to this Agreement or your car rental.
5.7 Contact Information. You agree that we, or any of our third-party vendors, attorneys or agents in carrying out the terms of this Agreement on our behalf, may use and/or contact you at any telephone numbers (including via text message), email addresses, and physical addresses that you have provided to us in connection with this Agreement.
5.8 Severability. If any provision of this Agreement is held or construed to be invalid by any court having jurisdiction over disputes related to this Agreement, such provision shall, if reasonable to do so, be restated to reflect as nearly as possible the original intentions of the Parties in accordance with the law or, if not reasonable to do so, be deemed to be excluded from this Agreement. In any event, all other provisions of this Agreement shall remain in full force and effect.
5.9 Definitions. Wherever we have used the following terms throughout this Agreement those terms have the following meaning:
5.9(a) “Agreement” refers to the Rental Terms and Conditions, Receipts and e-Receipts, documents signed by you or to which you have electronically consented, and any additional documents from us regarding your rental, and a return record with the computed rental charges.
5.9(b) “Applicable Law” means all laws and regulations applicable to this Agreement. You agree that this Agreement will be governed by, interpreted under, and construed and enforced in accordance with the laws of the state where the rental begins, without reference to its conflict of laws principles.
5.9(c) “Authorized Driver” means any person(s) other than you who may be authorized to operate the Vehicle as provided above.
5.9(d) “Day” means (i) a 24-hour period, beginning from the time your rental begins as noted in the Agreement, unless “calendar day” is stated on the Agreement, or (ii) each consecutive calendar day, or any part of a calendar day, but only if “calendar day” is stated on the Agreement.
5.9(e) “Designated Return Location” means the location identified in your Agreement for return of the Vehicle. If no return location is specified, the Designated Return Location is the same location where your rental commences.
5.9(f) “Designated Return Time” means the date and time identified in your Agreement for return of the Vehicle.
5.9(g) “EV” means any Vehicle powered by an electric motor.
5.9(h) “EV Equipment” means, but is not limited to, cables, batteries, conductors, and other devices used for charging the EV.
5.9(i) “Rental Terms and Conditions” means these terms and conditions, along with all included information, provided at the time of Vehicle rental.
5.9(j) “Vehicle” means the vehicle assigned to you and any replacement vehicle provided to you pursuant to this Agreement. The term “Vehicle” includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by Big West Rentals with the Vehicle and separately rented to you by Big West Rentals unless otherwise explicitly specified in the Agreement.
5.10 Captions. The captions or headings in this Agreement are made for convenience and general reference only and may not be construed to describe, define, or limit the scope or intent of the provisions of this Agreement.
6. State and Country Specific Notices. The following notices and requirements apply if you rent a vehicle from Big West Rentals in any of the following states or Canada or if you take a vehicle into any of the following states or Canada:
CANADA:
Valid Driver’s License. As the renter or signatory of this Agreement, you certify that you hold a valid driver’s license for the appropriate class authorizing you to drive the Vehicle(s) described in the contract and you undertake to ensure that any person called upon to drive the said Vehicle(s) also holds a valid driver’s license for the appropriate class pursuant to local law.
Loss Damage Waiver. In Canada, if you accept LDW, there may nevertheless be a non-waivable amount for which you will be responsible in the event of loss or damage to the Vehicle(s), which amount will be specified on the Rental Contract at the time of rental. Currently this amount is a maximum of $5000 CAD.
Liability Protection. Anyone driving the Vehicle who is permitted to drive it by the Rental Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-Authorized Driver, the same limits apply. Except where required by law to be primary, any protection provided by us shall be secondary to any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. Such protection will be provided by us according to the terms and subject to all of the conditions of a standard automobile liability insurance policy, issued in the jurisdiction in which the accident occurs, including all requirements as to notice and cooperation on your part, which are hereby made a part of this Agreement. You agree that we can provide this protection under a certificate of self-insurance or an insurance policy or both as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office.
You understand and agree that unless required by applicable law we will not provide: 1. coverage for fines, penalties, punitive or exemplary damages; 2. coverage for bodily injury to you, or your death, while not a driver, or any member of your family or the driver’s family; 3. defense against any claim after applicable limits or coverage that you furnish have been tendered; 4. supplementary no fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages where and to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.
Any and all vehicles rented from Big West Rentals are not permitted to cross any provincial borders or be driven in the United States.