Thrifty rental agreement terms and conditions

THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND THE COMPANY WHICH IS IDENTIFIED ON THE RENTAL RECORD DOING BUSINESS AS THRIFTY CAR RENTAL (“THRIFTY”).

1. Nature of this agreement

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

2. Who may operate the car

Only You and the following persons, with Your permission (“Authorized Operators”), may operate the Car: (a) For rentals commencing in the states of Iowa and Nevada, Your spouse and Your employer, employees and fellow employees incidental to their business duties; (b) for rentals (“Replacement Rentals”) which are designated as replacement rentals on the Rental Record, any person specifically named as an insured on Your automobile policy; and (c) for rentals other than Replacement Rentals, any other person who meets Thrifty’s qualifications and who signs an Additional Authorized Operator form at the time of rental or who is authorized under Your Thrifty CDP number, if any, shown on the Rental Record.

All Authorized Operators must be at least 25 years old and must have a valid driver’s license from a jurisdiction acceptable to Thrifty, except that persons operating the Car pursuant to clause (b) above need only be at least 21 years old. Except to the extent necessary for valet parking or in an emergency, no other persons are permitted to operate the Car. With respect to persons who must sign an Additional Authorized Operator Form, other qualifications may, at Thrifty’s discretion, be in effect at the time and place of rental and, where permitted by law, Thrifty may impose an additional fee for such persons. By operating the Car, an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement.

3. Return

ORDINARY WEAR DUE TO REASONABLE USE EXCEPTED, YOU MUST RETURN THE CAR TO THRIFTY IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. YOU MUST RETURN THE CAR TO THRIFTY BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, OR SOONER IF DEMANDED BY THRIFTY. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS (IN NEW JERSEY, OHIO AND SOUTH DAKOTA, 28 DAYS), UNLESS AUTHORIZED IN WRITING BY THRIFTY.

THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL THRIFTY HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL THRIFTY HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND (B) TIME CHARGES, CHARGES FOR LDW, PAI/PEC AND LIS, AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED ON THE RENTAL RECORD AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS.

IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER THRIFTY SENDS YOU A WRITTEN DEMAND TO RETURN IT, THRIFTY MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. FAILURE TO RETURN THE CAR IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT MAY RESULT IN A CRIMINAL PENALTY.

THE CAR MAY BE EQUIPPED WITH GLOBAL POSITIONING TECHNOLOGY OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS THRIFTY TO TRACK OR OTHERWISE LOCATE THE CAR AND PRIVACY IS NOT GUARANTEED. YOU ACKNOWLEDGE THAT THE DATA DERIVED FROM THE IN-CAR TELEMATICS AND OTHER DEVICES MAY CONTAIN PERSONAL INFORMATION AND YOU AUTHORIZE THRIFTY TO SHARE THAT DATA WITH THE DEVICE MANUFACTURER, THE ORIGINAL EQUIPMENT MANUFACTURER AND AFFILIATES, SERVICE PROVIDERS AND ANY THIRD-PARTIES.

IT IS YOUR RESPONSIBILITY TO DELETE ANY BLUETOOTH SYNCED DATA FROM THE CAR UPON YOUR RETURN. UPON RETURN, IF THE CAR REQUIRES MORE THAN THRIFTY’S STANDARD CLEANING OR THERE IS EVIDENCE OF SMOKING IN A NON-SMOKING VEHICLE, THRIFTY MAY CHARGE YOU AN ADDITIONAL FEE TO HAVE THE CAR CLEANED.

4. Your responsibility for loss of or damage to the car and optional damage waivers

(a) EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE, INCLUDING BUT NOT LIMITED TO COLLISION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OR GOD, REGARDLESS OF FAULT.

(b) EXCEPT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR OR ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY THRIFTY, AND AN ADMINISTRATIVE CHARGE AND A CHARGE FOR LOSS OF USE, REGARDLESS OF FLEET UTILIZATION.

(c) YOUR RESPONSIBILITY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS LIMITED BY LAW IN CERTAIN JURISDICTIONS, INCLUDING ILLINOIS, INDIANA, NEVADA AND WISCONSIN. Contact Thrifty for applicable limitations in these jurisdictions.

(d) IF YOU HAVE ACCEPTED THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”), WHICH IS NOT INSURANCE, THRIFTY WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e). IF YOU HAVE ACCEPTED THE OPTIONAL PARTIAL DAMAGE WAIVER (“PDW”), THRIFTY WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR UP TO AN AMOUNT EQUAL TO THE LESSER OF $1,000 AND ANY DEDUCTIBLE UNDER YOUR OWN AUTOMOBILE INSURANCE THAT APPLIES TO THE DAMAGE SUSTAINED BY THE CAR. PURCHASE OF LDW OR PDW IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. YOUR OWN INSURANCE MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW OR PDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER.

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

(f) YOU GRANT THRIFTY A LIMITED POWER OF ATTORNEY TO PRESENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER.

5. Prohibited use of the car

NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY:

1. Permit the use of the Car by anyone other than You or an Authorized Operator;
2. Intentionally destroy, damage or aid in the theft of the Car;
3. Take or attempt to take the Car into Mexico or to anywhere else outside of the United States or Canada, except as expressly permitted under this Agreement;
4. Engage in any willful or wanton misconduct, which may include reckless conduct such as: failure to use seat belts, failure to use child seats where legally required, use when overloaded, use off paved roads or on roads which are not regularly maintained, leaving the Car and failing to remove the keys, or failing to close and lock all doors;
5. Use or permit the use of the Car while legally intoxicated or under the influence of alcohol or drugs;
6. Use the Car for any purpose that could properly be charged as a crime, in a speed test or contest, in driver training activity, to carry persons or property for hire, to tow or push anything, or to carry hazardous materials;
7. Use the Car if it has been obtained from Thrifty by fraud or misrepresentation.

Any prohibited use will, to the extent permitted by applicable law, cause You to lose the benefit of LDW and PDW, all PAI/PEC, LIS coverage, and liability protection provided by Thrifty under this Agreement; and will constitute a breach of this Agreement making You responsible for actual and consequential damages together with Thrifty’s related costs and attorneys’ fees.

6. Payment of charges

You and any person, corporation or other entity to whom You direct the charges to be billed are jointly and severally responsible for payment of all Charges. Payment for all Charges is due at the completion of the rental in cash or by an acceptable credit, charge, or debit/check card. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE THRIFTY TO RESERVE CREDIT IN AN AMOUNT THAT MAY BE GREATER THAN THE ESTIMATED CHARGES. Thrifty may audit all Charges and correct any errors found.

7. Computation of charges

TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days. THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24-HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME.

MILEAGE CHARGES, if any, are based on the per mile rate specified on the Rental Record. A SERVICE CHARGE may be applied for one-way returns. LDW, PDW, PAI/PEC and LIS charges are due for each full or partial rental day. TAXES, SURCHARGES, VEHICLE LICENSING FEES, AND AIRPORT FEES are charged as required by applicable law. RECOVERY EXPENSE and COLLECTION EXPENSE include all related costs including attorneys’ fees. FINES AND OTHER EXPENSES assessed against Thrifty due to Your use of the Car are Your responsibility. Charges continue to accrue until the Car is returned or, if stolen, until You report the theft to police and Thrifty.

8. Refueling options

Most Thrifty rentals come with a full tank of gas. Three options: (a) return the Car with at least as much fuel as it had when received and pay no fuel charge; (b) return the Car with less fuel and be charged at the applicable per-mile or per-gallon rate on the Rental Record; or (c) purchase a full tank of fuel from Thrifty at the beginning of the rental and return the Car with any amount of fuel. Fuel charges under option (c) are non-refundable.

9. Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR LIABILITY FOR ALL CLAIMS, WHETHER FOR BODILY INJURY (INCLUDING DEATH), PROPERTY DAMAGE, PUNITIVE DAMAGES OR OTHERWISE RELATED TO THE USE AND/OR OPERATION OF THE CAR BY ANY PERSON, ARISING OUT OF OR RELATED TO THE ACCIDENT, OCCURRENCE, OR OTHER INCIDENT, SHALL NOT BE LESS THAN THE MINIMUM LIMIT OF FINANCIAL RESPONSIBILITY REQUIRED BY THE MOTOR VEHICLE FINANCIAL RESPONSIBILITY LAW OF THE STATE IN WHICH THE ACCIDENT OCCURS. LIABILITY PROTECTION PROVIDED BY THRIFTY, IF ANY, IS VOID AND YOU ARE RESPONSIBLE FOR ALL LIABILITY IF THE CAR IS USED IN A MANNER PROHIBITED IN PARAGRAPH 5.

10. Optional coverages

(a) PAI/PEC: If accepted, Personal Accident Insurance provides accidental death and medical expense benefits. Personal Effects Coverage provides theft protection for personal belongings. Thrifty acts as agent for the insurer. Coverage is subject to policy terms, including exclusions.

(b) LIS: If accepted, the Liability Insurance Supplement provides up to $1,000,000 combined single limit for third-party bodily injury and property damage claims. Coverage is secondary to Your own insurance and is subject to policy terms and exclusions.

(c) Roadside Assistance: If accepted, roadside assistance covers services such as emergency towing, tire changes, jump starts, lockout service, and fuel delivery. You may still incur charges from Thrifty for the cost of fuel, keys, or tires.

11. Other provisions

This Agreement constitutes the entire agreement between You and Thrifty with respect to the rental of the Car. Any waiver by Thrifty of any term or condition shall not constitute a continuing waiver. If any provision is deemed unenforceable, the remaining provisions shall continue in full force. Thrifty may assign its rights and obligations under this Agreement. This Agreement shall be binding upon the heirs, executors, administrators and assigns of the parties.

Arbitration: EXCEPT WHERE PROHIBITED BY LAW, ANY DISPUTE RELATING TO THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION UNDER THE FEDERAL ARBITRATION ACT AND THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. UNLESS YOU OPT OUT WITHIN 30 DAYS OF THE COMMENCEMENT OF THE RENTAL, YOU AND THRIFTY AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION. Details of the arbitration process are available at Thrifty’s website or upon request.

12. Privacy

Thrifty collects, uses and discloses personal information about You in accordance with its Privacy Policy, which may be obtained at Thrifty’s website or upon request. Your personal information may be shared with affiliates, service providers and as required by law. By entering into this Agreement, You consent to such collection, use and disclosure.

These terms are reproduced for the convenience of customers of our locally operated franchise locations at Eagle County Regional Airport (EGE) and Jackson Hole Airport (JAC). Thrifty Car Rental is a registered trademark of The Hertz Corporation. Franchise locations are independently owned and operated by Frontier of Vail, Inc. (EGE) and New Frontiers of Jackson Hole, Inc. (JAC).