21 & FUN CAR RENTALS LLC
VEHICLE RENTAL TERMS AND CONDITIONS
These Vehicle Rental Terms and Conditions ("Agreement") apply to every vehicle rental provided by 21 & Fun Car Rentals LLC ("Company," "we," "us," or "our").
The person making the reservation and accepting possession of the vehicle is referred to as the "Renter" or "Guest."
By signing or electronically accepting the rental agreement, completing the reservation, or accepting possession of the vehicle ("Vehicle"), Renter acknowledges that Renter has read, understands, and agrees to these Terms and Conditions and all reservation details, disclosures, and charges presented to Renter at booking.
1. MINIMUM AGE AND DRIVER REQUIREMENTS
All Renters and authorized additional drivers must be at least 21 years old.
Every driver must:
- Possess a valid, unexpired driver's license;
- Successfully complete any identity and driver's-license verification required by Company;
- Satisfy Company's insurance requirements; and
- Be expressly authorized by Company to operate the Vehicle.
Only Renter and additional drivers specifically approved by Company may operate the Vehicle.
Renter may not permit any unauthorized, unlicensed, suspended, revoked, impaired, or otherwise ineligible person to operate or take possession of the Vehicle.
The primary Renter remains responsible for the Vehicle and for compliance with this Agreement.
To the fullest extent permitted by applicable law, each authorized additional driver who operates the Vehicle is jointly and severally responsible with the primary Renter for obligations, loss, damage, costs, and liabilities arising from that driver's operation or possession of the Vehicle.
Company may refuse, cancel, or terminate a rental when Renter or a proposed driver fails to satisfy Company's eligibility requirements.
2. RENTAL PERIOD AND RETURN
Renter may possess and operate the Vehicle only during the rental period shown in the reservation or Rental Summary.
The Vehicle must be returned:
- By the scheduled return date and time;
- To the location designated by Company;
- With all keys, key cards, charging equipment, accessories, and equipment supplied with the Vehicle;
- In substantially the same condition in which it was provided, ordinary mechanical wear excepted; and
- With the required fuel or battery level.
An extension is valid only after Company approves it.
Keeping the Vehicle beyond the scheduled return time does not constitute an approved extension.
Renter remains responsible for the Vehicle until it has been properly returned to Company or returned pursuant to Company's authorized return instructions.
Unauthorized retention may result in additional rental charges, late charges, towing, storage, Vehicle recovery expenses, loss-of-use damages where legally recoverable, termination of the rental, and other lawful remedies.
3. GEOGRAPHIC RESTRICTIONS
The Vehicle may not be taken outside the State of Florida without Company's prior written authorization.
The Vehicle may not be transported outside the United States.
Renter may not transport the Vehicle by ferry, vessel, trailer, transporter, or similar conveyance without Company's authorization.
Renter may not operate the Vehicle in any geographic area prohibited by Company, Company's insurer, or applicable law.
Violation of this section may result in immediate termination of the rental and a demand for return of the Vehicle.
4. PROHIBITED USE
The Vehicle may not be:
- Operated by anyone under 21 years old;
- Operated by an unauthorized or unlicensed driver;
- Operated while the driver is impaired by alcohol, marijuana, narcotics, controlled substances, or medication that materially impairs driving ability;
- Used for racing, drifting, burnouts, speed contests, timed events, track use, or driver training;
- Operated at excessive, sustained, or unreasonably high speeds;
- Operated recklessly, aggressively, or intentionally in violation of traffic laws;
- Used for towing or pushing another vehicle or object without Company's authorization;
- Driven off-road, on beaches, trails, construction areas, flooded roads, or roads not reasonably intended for ordinary passenger vehicles;
- Used for rideshare, taxi, delivery, courier, livery, or other for-hire or commercial transportation without Company's written authorization;
- Used in connection with criminal or unlawful activity;
- Used to transport illegal substances, explosives, hazardous materials, or property reasonably likely to damage the Vehicle;
- Operated beyond the Vehicle's rated passenger or cargo capacity;
- Used in a manner that intentionally or negligently damages the Vehicle;
- Subleased, re-rented, sold, pledged, loaned, transferred, or otherwise provided to another person without Company's authorization; or
- Used in any other manner prohibited by this Agreement.
Prohibited use constitutes a breach of this Agreement and may result in immediate termination of the rental.
5. VEHICLE SECURITY, KEYS, AND UNATTENDED VEHICLES
Renter is responsible for taking reasonable precautions to protect the Vehicle against theft, unauthorized use, vandalism, and loss.
Renter may not:
- Leave the Vehicle running while unattended;
- Leave the Vehicle unlocked while unattended;
- Leave the key, key fob, key card, or other Vehicle access device inside an unattended Vehicle;
- Leave Vehicle access devices in an unsecured or readily accessible location;
- Give the Vehicle's keys or access credentials to an unauthorized driver;
- Intentionally disable factory or Company-installed security systems; or
- Act in a manner that materially increases the risk of theft or unauthorized use.
Renter must promptly notify Company if any Vehicle key, key fob, access card, mobile key, or other access device is lost, stolen, or compromised.
Renter may be responsible, to the extent permitted by law, for losses, damage, towing, recovery, replacement-key expenses, or other costs resulting from failure to take reasonable Vehicle-security precautions.
6. VEHICLE CONDITION AND PRE-RENTAL INSPECTION
Before taking possession of the Vehicle, Renter is responsible for reviewing its condition and Company's pre-rental photographs, videos, and/or Vehicle Condition Report.
Renter must promptly report any existing damage that has not already been documented.
Company may use photographs, videos, timestamps, inspection records, odometer records, telematics information, diagnostic data, and other reasonably reliable evidence to establish the Vehicle's condition before, during, and after the rental.
Damage not documented as pre-existing before Renter takes possession and reasonably determined to have occurred during the rental may be charged to Renter in accordance with this Agreement and applicable law.
Renter is encouraged to take independent photographs or video of the Vehicle at pickup and return.
7. RESPONSIBILITY FOR DAMAGE OR LOSS
Except for ordinary mechanical wear, manufacturer defects, or losses for which Renter is not legally responsible, Renter is financially responsible to the fullest extent permitted by law for loss of or damage to the Vehicle occurring while the Vehicle is in Renter's possession or control.
Recoverable amounts may include, where applicable:
- Collision damage;
- Vandalism;
- Theft;
- Fire damage;
- Flood or water damage resulting from prohibited or negligent use;
- Windshield and glass damage;
- Tire damage;
- Wheel damage and curb rash;
- Interior damage;
- Exterior body or paint damage;
- Roof damage;
- Underbody damage;
- Suspension damage;
- Lost or damaged keys and key fobs;
- Damage caused by improper fueling;
- Damage caused by improper charging;
- Towing;
- Storage;
- Vehicle recovery;
- Applicable insurance deductibles;
- Amounts not paid by insurance or another protection provider;
- Reasonable claims-related expenses when recoverable;
- Loss of use where legally recoverable; and
- Other amounts legally recoverable from Renter.
Any damage not documented before the rental and reasonably determined to have occurred while the Vehicle was in Renter's possession may be submitted to Renter's insurance and/or charged to Renter's authorized payment method to the extent permitted by this Agreement and applicable law.
Submission of an insurance claim does not relieve Renter of responsibility for amounts properly owed that are not paid by an insurer or protection provider.
Insurance is a potential source of payment and does not automatically limit Renter's contractual responsibility.
Company will credit against Renter's outstanding responsibility amounts actually recovered by Company from Renter's insurer, another responsible party, or another applicable coverage source for the same loss.
Renter will not be charged twice for the same covered loss.
8. RENTER'S INSURANCE
If Renter relies on personal automobile insurance, Renter must provide acceptable proof of insurance before the Vehicle is released.
Merely providing an insurance identification card does not establish that the policy provides coverage for the rented Vehicle.
Renter represents that any personal automobile insurance being relied upon provides coverage applicable to the Vehicle.
Where required by Company, applicable coverage must include:
- Automobile liability coverage;
- Personal Injury Protection where applicable;
- Collision coverage;
- Comprehensive coverage; and
- Coverage applicable to rental vehicles or temporary substitute vehicles.
Renter is responsible for confirming coverage directly with Renter's insurance carrier.
Renter authorizes Company to contact Renter's insurer, claims administrator, or protection provider when reasonably necessary to verify coverage, report a loss, or administer a claim.
Company may refuse to release the Vehicle if Renter does not provide acceptable insurance coverage or another protection option accepted by Company.
FLORIDA PRIMARY INSURANCE NOTICE
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.
9. INSURANCE CLAIMS AND COOPERATION
Following an accident, theft, vandalism, damage, or other covered incident, Renter must reasonably cooperate with Company, Company's insurer, Renter's insurer, and any applicable claims administrator.
Renter may be required to provide:
- Insurance information;
- Driver information;
- Photographs and video;
- Police or incident reports;
- Witness information;
- Statements concerning the incident; and
- Other documentation reasonably necessary to investigate or process a claim.
Renter may not knowingly provide false, altered, misleading, manipulated, or fraudulent information in connection with the rental or a claim.
Failure of an insurer or protection provider to pay a claim does not automatically eliminate Renter's responsibility for an otherwise valid amount owed under this Agreement.
10. ACCIDENTS, THEFT, VANDALISM, AND DAMAGE
Renter must notify Company immediately or as soon as safely practicable following any accident, theft, vandalism, collision, significant damage, or serious mechanical incident.
Renter must:
- Stop in a safe location;
- Comply with applicable law;
- Contact emergency services or law enforcement when required or appropriate;
- Obtain the other driver's name, contact information, driver's-license information, vehicle information, and insurance information;
- Photograph or record the vehicles, damage, license plates, roadway, and surrounding area when safely possible;
- Obtain available witness information;
- Provide Company with any police-report or incident number;
- Not abandon the Vehicle unless necessary for immediate safety;
- Not authorize repairs without Company's permission except when reasonably necessary to prevent immediate additional damage or injury; and
- Cooperate with Company's claims investigation.
CONTINUED OPERATION AFTER DAMAGE
After a collision, impact, flood exposure, significant warning message, airbag deployment, significant tire or wheel damage, fluid leak, or other event that could reasonably affect Vehicle safety, Renter must not continue operating the Vehicle unless:
- Continued operation is reasonably necessary to move the Vehicle to an immediately safe location; or
- Company expressly authorizes continued operation.
If Renter is uncertain whether the Vehicle is safe to drive, Renter must stop operating the Vehicle and contact Company.
Renter may be responsible for additional damage caused by continuing to operate the Vehicle after an incident when a reasonable person would have stopped driving.
Renter may not make settlements, payment commitments, or other promises on Company's behalf.
11. PAYMENT AND CARD-ON-FILE AUTHORIZATION
Renter must provide a valid payment method acceptable to Company.
Unless Company approves otherwise, the payment method must belong to Renter.
Renter authorizes Company and its payment processor to place authorized holds and charge amounts properly due under the rental transaction, subject to applicable law and payment-network requirements.
Charges may include, as applicable:
- Rental charges;
- Approved extensions;
- Late returns;
- Additional mileage;
- Fuel;
- EV charging;
- Charging-network fees;
- Tolls;
- Parking charges;
- Citations legally assessable to Renter;
- Extraordinary cleaning;
- Smoking or vaping remediation;
- Lost or damaged equipment;
- Lost or damaged keys;
- Towing;
- Storage;
- Vehicle recovery;
- Damage;
- Insurance deductibles;
- Amounts not paid by applicable insurance;
- Taxes and government surcharges; and
- Other charges disclosed and agreed to during the booking or rental process.
Renter specifically authorizes Company to pursue properly owed amounts through applicable insurance, a protection provider, and/or Renter's authorized payment method.
Where reasonably practicable, Company will maintain documentation supporting post-rental charges.
A declined transaction, chargeback, or payment dispute does not extinguish an otherwise valid debt owed under this Agreement.
12. PAYMENT FAILURE, REVERSALS, AND CHARGEBACKS DURING AN ACTIVE RENTAL
Renter must maintain a valid authorized payment method throughout the rental period.
If during an active rental:
- An authorized payment is declined;
- A required security authorization cannot be maintained;
- A payment previously made is reversed;
- Renter initiates a chargeback or payment dispute concerning a properly authorized rental charge; or
- Another payment failure results in an amount becoming presently due,
Company may contact Renter and require Renter to cure the payment issue or provide an acceptable replacement payment method.
If Renter fails to promptly resolve the issue after Company's demand, Company may, to the extent permitted by law:
- Refuse an extension;
- Terminate the rental;
- Demand immediate return of the Vehicle; and
- Exercise lawful Vehicle-recovery rights under this Agreement.
A good-faith billing dispute does not eliminate amounts ultimately determined to be properly owed, and a payment dispute does not authorize Renter to retain possession of the Vehicle after the rental has expired or been terminated.
13. SECURITY DEPOSIT
Company may require a security deposit or payment-card authorization hold.
The security deposit secures Renter's obligations under this Agreement and does not limit Renter's total financial responsibility.
If Renter breaches this Agreement or otherwise owes amounts to Company, Company may apply all or part of the security deposit toward properly owed amounts, including:
- Unpaid rental charges;
- Late charges;
- Damage;
- Insurance deductibles;
- Extraordinary cleaning;
- Smoke or vaping remediation;
- Fuel;
- EV charging;
- Tolls;
- Citations;
- Missing equipment;
- Towing;
- Storage;
- Vehicle recovery; and
- Other amounts properly owed under this Agreement.
A breach may therefore result in Renter receiving only a partial deposit refund or no deposit refund when properly owed charges equal or exceed the security deposit.
The security deposit is not automatically forfeited merely because a breach occurred.
If amounts owed exceed the security deposit, Renter remains responsible for the remaining balance.
Any unused portion of the security deposit will be released or refunded according to Company's procedures and applicable payment-processing timelines.
14. FUEL
Gasoline-powered Vehicles must be returned at the required fuel level disclosed at booking or pickup, generally the same fuel level at which the Vehicle was provided.
If the Vehicle is returned below the required fuel level, Renter is responsible for the cost of replacement fuel and any refueling charge disclosed during the booking or rental process.
Renter must use the fuel grade required by the Vehicle manufacturer.
Renter is responsible for damage resulting from the use of incorrect fuel.
15. ELECTRIC AND PLUG-IN HYBRID VEHICLES
The Vehicle's battery level at pickup will be documented through the reservation, Vehicle Condition Report, photographs, telematics information, or another Company record.
Renter must return the Vehicle with a battery state of charge no more than 10 percentage points below the battery level provided at pickup.
Examples:
- Vehicle provided at 100% must be returned at no less than 90%;
- Vehicle provided at 90% must be returned at no less than 80%; and
- Vehicle provided at 80% must be returned at no less than 70%.
Renter is not required to return the Vehicle at a higher charge level than the level provided at pickup.
Regardless of the battery level provided at pickup, an electric or plug-in hybrid Vehicle may not be returned with less than 20% battery charge unless Company has expressly authorized a lower return level.
If the Vehicle is returned:
- More than 10 percentage points below its documented starting battery level; or
- Below 20% without Company authorization,
Renter may be responsible for applicable charging costs and any EV recharge charge disclosed during the booking or rental process.
Renter must follow manufacturer-recommended charging procedures.
Renter is responsible for charging expenses incurred during the rental, charging-network charges, idle fees, and damage caused by misuse of charging equipment.
Charging cables, adapters, mobile connectors, and other charging equipment supplied with the Vehicle must be returned.
Missing or damaged charging equipment may be charged at reasonable replacement cost.
16. TOLLS, PARKING, CITATIONS, TOWING, AND IMPOUNDMENT
Renter is responsible for tolls, parking expenses, parking citations, traffic-related charges legally transferable to Renter, towing, booting, impound charges, and similar expenses resulting from Renter's possession or use of the Vehicle.
Company may charge such amounts to Renter's authorized payment method after the rental concludes if the charge is received later.
Any processing or administrative charge must have been disclosed to Renter during the booking or rental process and must be permitted by applicable law.
Renter must immediately notify Company if the Vehicle is towed, booted, seized, or impounded.
17. SMOKING AND VAPING
Smoking and vaping of any kind inside the Vehicle are strictly prohibited.
This includes cigarettes, cigars, marijuana, pipes, electronic cigarettes, and vaping devices.
Renter is responsible for reasonable cleaning, deodorizing, remediation, and repair expenses resulting from smoke, vaping, ash, burns, or related contamination.
Any applicable fixed remediation charge must have been disclosed during the booking or rental process.
18. PETS AND ANIMALS
Pets and other animals may not be transported in the Vehicle, except where applicable law provides otherwise.
Renter remains responsible for physical damage or extraordinary cleaning caused by an animal, including excessive hair, stains, scratches, odors, or contamination, subject to applicable law.
19. CLEANING
Ordinary dirt associated with normal Vehicle use is expected.
Renter may be responsible for extraordinary cleaning required because of:
- Excessive sand;
- Excessive mud;
- Food or beverage spills;
- Stains;
- Vomit or bodily fluids;
- Smoke contamination;
- Excessive pet hair;
- Strong odors;
- Excessive trash; or
- Similar conditions requiring cleaning or remediation beyond ordinary rental turnover.
Charges may be based on reasonable documented cleaning or remediation costs and/or amounts disclosed to Renter during booking, to the extent permitted by law.
Renter may not apply chemicals, paint, dye, adhesives, cleaning products, fragrances, protectants, or other substances to the Vehicle without Company's authorization.
20. VEHICLE ALTERATIONS, REPAIRS, AND WARNING LIGHTS
Renter may not modify, repair, disassemble, wrap, tint, sticker, program, tune, alter, or install equipment in or on the Vehicle without Company's authorization.
Renter may not intentionally disable, disconnect, block, shield, destroy, manipulate, or interfere with:
- GPS equipment;
- Telematics systems;
- Safety systems;
- Diagnostic equipment; or
- Other Company equipment.
If a serious warning light or mechanical warning appears, Renter must stop operating the Vehicle when reasonably safe and contact Company.
Renter may be responsible for additional damage caused by continuing to operate a Vehicle after a warning that reasonably required the Vehicle to be stopped.
21. GPS, TELEMATICS, AND CONNECTED VEHICLE DATA
Renter acknowledges that the Vehicle may contain manufacturer-installed or aftermarket GPS, telematics, diagnostic, recovery, mileage, fuel, battery, and other connected-vehicle technology.
Company may use such systems for legitimate business purposes, including:
- Vehicle location;
- Theft prevention and recovery;
- Roadside assistance;
- Emergency response;
- Mileage verification;
- Rental-period verification;
- Vehicle maintenance;
- Diagnostics;
- Fuel and battery monitoring;
- Prohibited-use investigation;
- Claims investigation; and
- Protection of Company property.
Renter may not remove, unplug, disable, shield, destroy, manipulate, or interfere with an authorized GPS or telematics system.
Tampering with such equipment constitutes a material breach of this Agreement and may result in immediate termination of the rental.
22. PRIVACY
Company may collect information reasonably necessary to administer the rental, including:
- Name;
- Address and contact information;
- Date of birth;
- Driver's-license information;
- Insurance information;
- Payment information;
- Rental history;
- Vehicle condition information;
- Vehicle location;
- Mileage;
- Fuel level;
- Battery level; and
- Vehicle diagnostic information.
Company may use this information for reservations, identity verification, payment processing, fraud prevention, fleet management, Vehicle recovery, safety, maintenance, claims administration, insurance purposes, legal compliance, and other legitimate business purposes.
Company may disclose relevant information to payment processors, insurers, claims administrators, service providers, governmental authorities, law enforcement, attorneys, collection providers, and other parties when reasonably necessary or legally required.
23. LATE RETURNS AND UNAUTHORIZED EXTENSIONS
Renter must obtain Company's approval before extending a rental.
Keeping the Vehicle beyond the scheduled return date or time without approval is an unauthorized extension and constitutes a breach of this Agreement.
Unauthorized retention may result in additional rental charges, late charges, Vehicle recovery expenses, termination of the rental, and lawful recovery of the Vehicle.
Renter remains financially responsible for the Vehicle and applicable charges until the Vehicle has been properly returned or recovered.
24. CANCELLATION POLICY
A reservation may be canceled without a rental cancellation charge only when Company receives the cancellation within the first 24 hours after the reservation is made.
For example, a reservation made Monday at 10:00 a.m. must be canceled no later than Tuesday at 10:00 a.m. to qualify for free cancellation.
A reservation modification does not restart or extend the 24-hour cancellation period unless Company expressly agrees otherwise.
A cancellation received more than 24 hours after the reservation is made may be subject to the cancellation terms and charges disclosed to Renter during booking.
Taxes and government-imposed charges will be refunded or retained as required by applicable law.
25. NO-SHOW POLICY
Company may classify a reservation as a no-show when Renter:
- Fails to cancel the reservation;
- Fails to arrive within 30 minutes after the scheduled rental start without contacting Company;
- Fails required identity, driver's-license, insurance, or payment verification;
- Arrives without a valid driver's license; or
- Attempts to have an unauthorized person take possession of the Vehicle.
Applicable no-show charges will be those disclosed to Renter during the booking process.
Company may elect to reschedule a reservation but is not required to do so.
26. EARLY RETURNS
Voluntarily returning the Vehicle before the scheduled rental end does not automatically entitle Renter to a refund or credit for unused rental time.
Any adjustment or refund requires Company's approval.
27. VEHICLE SUBSTITUTION AND AVAILABILITY
Company cannot guarantee that the specific Vehicle reserved will remain available if the Vehicle becomes unavailable because of:
- Mechanical failure;
- Safety concerns;
- Damage from a prior rental;
- Accident;
- Theft;
- Delayed return by a prior renter;
- Manufacturer recall;
- Maintenance requirements; or
- Another circumstance reasonably outside Company's control.
When reasonably possible, Company may offer Renter a comparable or higher-class substitute Vehicle.
Renter is not required to accept a materially different substitute Vehicle.
If the reserved Vehicle becomes unavailable through no fault of Renter, no acceptable substitute is available, and Company cannot fulfill the reservation, Company will refund applicable prepaid rental charges for the portion of the reservation Company is unable to provide.
Company is not responsible for consequential or incidental losses arising solely from Vehicle unavailability except where applicable law requires otherwise.
28. COMPANY CANCELLATION
Company may cancel a reservation before the rental begins because of:
- Vehicle unavailability;
- Safety concerns;
- Mechanical issues;
- Fraud concerns;
- Failure to satisfy driver requirements;
- Insurance issues;
- Payment issues;
- Operational necessity; or
- Other legitimate business reasons.
When Company cancels for reasons unrelated to Renter's breach or failure to qualify, prepaid unused rental charges will be refunded as applicable.
29. BREACH, TERMINATION, AND VEHICLE RECOVERY
Any breach of this Agreement may result in Company terminating the rental and requiring return of the Vehicle.
Company may determine the appropriate response based on the nature, seriousness, and circumstances of the breach.
Grounds for termination include, without limitation:
- Unauthorized drivers;
- Operation by anyone under 21 years old;
- Failure to maintain required insurance;
- False or fraudulent information;
- Unauthorized geographic use;
- Prohibited use;
- Excessive or sustained high-speed driving;
- Reckless operation;
- Racing, drifting, or burnouts;
- Criminal or unlawful activity;
- Failure or refusal to pay amounts properly due;
- Payment reversal or unresolved payment failure during the rental;
- Unauthorized rental extensions;
- Failure to return the Vehicle;
- Tampering with GPS or telematics;
- Attempting to conceal the Vehicle's location;
- Abandonment of the Vehicle;
- Unauthorized subleasing or transfer;
- Impoundment;
- Material misuse or damage;
- Continuing to operate a Vehicle after an accident or serious warning when continued operation was unsafe; or
- Other material violations of this Agreement.
Upon termination, Company may demand immediate return of the Vehicle.
Renter must promptly comply with a demand for return.
A billing dispute, security-deposit dispute, insurance dispute, damage dispute, chargeback, or other disagreement does not authorize Renter to retain possession of Company's Vehicle after the rental expires or is terminated.
If Renter fails to return the Vehicle as required, Company may use lawful measures to locate and recover its property.
Company may, to the extent permitted by law:
- Contact Renter and authorized drivers;
- Use GPS or telematics information to locate the Vehicle;
- Employ an authorized towing or Vehicle-recovery provider;
- Engage reasonable professional locator or investigative services when reasonably necessary to locate an unreturned Vehicle;
- Recover the Vehicle from a location that Company or its authorized agent may lawfully access;
- Make a formal demand for return;
- Seek assistance from law enforcement when legally appropriate;
- Pursue available civil remedies; and
- Exercise other rights available under applicable law.
Company and its agents will not intentionally use unlawful force, unlawfully enter a dwelling or secured area, or intentionally cause a breach of the peace in recovering the Vehicle.
When Vehicle recovery is required because of Renter's breach, Renter is responsible, to the extent permitted by law, for reasonable documented amounts caused by the breach, which may include:
- Towing;
- Third-party Vehicle recovery;
- Reasonable locator or investigative expenses;
- Transportation;
- Storage;
- Locksmith expenses;
- Replacement keys or access devices;
- Unpaid rental time;
- Applicable late charges;
- Damage;
- Loss of use where legally recoverable; and
- Other amounts properly owed under this Agreement.
Company may apply the security deposit and/or charge Renter's authorized payment method toward properly owed amounts.
If properly owed amounts equal or exceed the security deposit, Renter may receive no refund of the security deposit.
If properly owed amounts are less than the security deposit, any remaining deposit will be released or refunded according to Company's procedures.
If properly owed amounts exceed the security deposit, Renter remains responsible for the remaining balance.
30. FLORIDA FAILURE-TO-RETURN NOTICE
IMPORTANT FLORIDA NOTICE - RENTER INITIALS REQUIRED
Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
31. BREAKDOWNS AND ROADSIDE ISSUES
Renter must promptly notify Company of a breakdown or significant mechanical problem.
Renter may not authorize repairs at Company's expense without Company's permission except when immediate action is reasonably necessary to prevent injury or additional property damage.
Renter is not responsible for an ordinary mechanical breakdown unrelated to Renter's misuse, negligence, or prohibited use.
Renter may be responsible for roadside, towing, or recovery expenses resulting from Renter's conduct, including:
- Lost keys;
- Incorrect fuel;
- Failure to reasonably charge an electric Vehicle;
- Tire or wheel damage caused by misuse;
- Prohibited use; or
- Other misuse attributable to Renter.
32. LOST KEYS AND EQUIPMENT
Renter is responsible for all keys, key fobs, key cards, charging cards, remotes, adapters, cables, mobile connectors, parking devices, and other equipment supplied with the Vehicle.
Renter may be charged reasonable replacement, programming, delivery, towing, and recovery costs resulting from loss or damage.
33. SEAT BELTS, PASSENGERS, AND CHILD RESTRAINTS
Renter and all occupants must comply with applicable seat-belt, passenger-capacity, and child-restraint laws.
The number of occupants may not exceed the Vehicle's factory seating capacity.
When Company provides an optional child-restraint device or other accessory, Renter is responsible for proper installation and use except where applicable law provides otherwise.
34. PERSONAL PROPERTY
Company is not responsible for personal property left in or on the Vehicle except to the extent applicable law provides otherwise.
Renter is responsible for removing all personal property when returning the Vehicle.
35. INDEMNIFICATION
To the extent permitted by applicable law, Renter agrees to indemnify and hold Company harmless from third-party claims, liabilities, losses, and expenses arising from Renter's or an authorized driver's unlawful, negligent, reckless, or prohibited use of the Vehicle.
This provision does not require Renter to indemnify Company for liability that applicable law prohibits Company from transferring.
36. DEFAULT AND COLLECTION
Failure to pay an amount properly owed under this Agreement constitutes a default.
Company may use lawful collection remedies to recover unpaid amounts.
To the extent permitted by law, Renter may be responsible for reasonable collection expenses properly incurred in recovering amounts legally owed.
37. ELECTRONIC COMMUNICATIONS AND SIGNATURES
Renter consents to conducting the rental transaction electronically.
Electronic signatures, electronic acceptance, electronic records, photographs, videos, and electronic communications may be treated as originals to the extent permitted by law.
Renter agrees that Company may communicate regarding the reservation or rental by telephone, text message, email, or through the booking platform using the contact information supplied by Renter, subject to applicable law.
38. GOVERNING LAW
This Agreement is governed by the laws of the State of Florida except where federal law or another mandatory law applies.
39. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions remain effective to the fullest extent permitted by law.
Any unenforceable provision will be limited only to the extent necessary when permitted by applicable law.
40. ENTIRE AGREEMENT
These Terms and Conditions, together with the reservation or Rental Summary, Vehicle Condition Report, insurance or protection documents accepted by Renter, payment authorizations, disclosures, and any signed or electronically accepted addenda, constitute the agreement between Company and Renter concerning the rental.
No oral statement modifies this Agreement unless Company confirms the modification in writing.
41. RENTER ACKNOWLEDGMENT
By signing or electronically accepting this Agreement, Renter confirms that Renter:
- Is at least 21 years old;
- Has provided accurate information;
- Possesses a valid and unexpired driver's license;
- Has reviewed or had the opportunity to review the Vehicle's condition;
- Understands Company's insurance requirements;
- Understands that Renter may remain financially responsible for amounts not paid by insurance;
- Authorizes legitimate charges described in this Agreement;
- Understands that GPS and telematics systems may be installed in the Vehicle;
- Will not permit unauthorized drivers or persons under 21 years old to operate the Vehicle;
- Will take reasonable precautions to secure the Vehicle and its keys or access devices;
- Understands that excessive, reckless, or prohibited operation may result in termination of the rental;
- Understands that after an accident or significant damage Renter may be required to stop operating the Vehicle;
- Understands that unresolved payment failures or reversals during an active rental may result in termination and a demand for return;
- Understands that breach of this Agreement may result in termination and lawful recovery of the Vehicle;
- Understands that properly owed recovery, towing, investigation, storage, damage, or other charges may consume some or all of the security deposit;
- Understands that the security deposit does not limit Renter's total financial responsibility;
- Has separately initialed the Florida Failure-to-Return Notice;
- Has received or has electronic access to this Agreement; and
- Agrees to these Vehicle Rental Terms and Conditions.
FINAL ACCEPTANCE AND SIGNATURE
By signing electronically above, Renter acknowledges acceptance of this Agreement and confirms that Renter has had an opportunity to review these Terms and Conditions before taking possession of the Vehicle.
21 & Fun Car Rentals LLC - Vehicle Rental Terms and Conditions
