RENTAL TERMS, CONDITIONS, & POLICIES

Rental Terms & Conditions

  1. Definitions. “Agreement” means all terms and conditions found on this form, any addenda and any additional materials you sign or we provide at the time of rental. “You” or “Your” means the person identified as the customer elsewhere in the Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “Company,” “we,” “our” or “us” means Taylor’d Overland Vehicles & Adventures, LLC. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 25. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. “Equipment” means the all items attached or related to the Vehicle or other rented in connection with the Vehicle, including but not limited to roof racks, tents, awnings, ladders, water containers, coolers, drawers, camping gear, cookware, dinnerware, lighting, and any other item(s) provided to you by the Company. “Physical Damage” means damage to, or loss of, the Vehicle and/or Equipment caused by collision or impact; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle and/or Equipment due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire or other comprehensive loss not caused by collision or impact. “Loss of Use” means the loss of our ability to use the Vehicle for any reason due to damage to it, or loss of it, during this rental; loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is replaced or repaired, times the daily rental rate.
  2. Rental, Indemnity and Warranties. This is a contract for rental of the Vehicle and/or Equipment. We may repossess the Vehicle and/or Equipment at your expense without notice to you, if the Vehicle and/or Equipment is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle and/or Equipment. We make no warranties, express, implied or apparent, regarding the Vehicle and/or Equipment, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.
  3. Condition and Return of Vehicle. You must return the Vehicle and Equipment to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear and tear. If the Vehicle and Equipment is returned after closing hours, you remain responsible for the safety of, and any damage to, the Vehicle and/or Equipment until we inspect it upon our next opening for business. Service to the Vehicle and/or Equipment or replacement of parts or accessories during the rental must have our prior approval. You must report any low fluids immediately to us.
  4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all damage to, or loss or theft of, the Vehicle and Equipment, which includes the cost of repair, or the actual cash retail value of the Vehicle and/or Equipment on the date of the loss if the Vehicle and/or Equipment is not repairable or if we elect not to repair the Vehicle and/or Equipment, plus loss of use, diminished value of the Vehicle and/or Equipment caused by damage to it or repair of it, and our administrative expenses incurred processing the claim, whether or not you are at fault. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
  5. Prohibited Uses & Breach of Agreement. In addition to the Rental Policies listed above, which you should carefully review, the following uses of the Vehicle and/or Equipment are prohibited and are breaches of this Agreement. The Vehicle and/or Equipment shall not be used: (a) by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) by anyone under the influence of any drug or alcohol; (c) by anyone who obtained the Vehicle and/or Equipment or extended the rental period by giving us false, fraudulent or misleading information, or who withheld information that would have caused us not to rent the Vehicle and/or Equipment; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law other than a minor traffic violation; (e) to carry persons or property for hire; (f) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle (other than the Equipment); (g) in any race, speed test or contest; (h) to carry dangerous or hazardous items or illegal material; (i) outside the United States, Canada or the geographic area indicated elsewhere in this Agreement; (j) when loaded beyond its capacity as determined by the manufacturer of the Vehicle; (k) on unpaved surfaces, except at licensed public campgrounds and well maintained and graded service roads; (l) to transport more persons than the Vehicle has seat belts, or to carry persons outside the passenger compartment; (m) to transport children without approved child safety seats as required by law; (n) when the odometer has been tampered with or disconnected; (o) when the Vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle; (p) in a manner that causes damage to the Vehicle due to inadequately secured cargo; (q) after an accident with the Vehicle unless and until you summon the police to the accident scene; or (r) to transport any unapproved or undisclosed animals. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.
  6. Insurance.You are responsible for all damage or loss you cause to the Vehicle and/or Equipment, yourself, and/or others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. Where State law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the financial responsibility laws of the State whose laws apply to the loss. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. The Policy does not cover losses caused by drivers of the Vehicle who are not Authorized Drivers.
  7. Charges. In addition to all rental fees, you will pay us, or the appropriate government authorities as applicable, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased; (c) fuel, if you return the Vehicle with less fuel than when rented; (d) applicable taxes; (e) all parking, traffic and toll violations, citations, fines, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle; (f) all costs, including pre- and post-judgment interest and attorney fees, we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a 2% per month late payment fee, or the maximum amount allowed by law, on all amounts paid after payment is due; (h) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee to clean the Vehicle and/or Equipment if returned substantially less clean than when rented.
  8. Damage Deposit. We may use your Damage Deposit to offset any damage, rental charges, or Loss of Use owed to us under this Agreement. Your liability is not limited by the amount of the Damage Deposit. You are responsible for the full amount of all damages, rental charges, or Loss of Use caused in addition to the Damage Deposit. We do not cover personal injury and personal effects whether it occurs through negligence, acts or failure to act by the Authorized Driver, passengers, other persons, animals, foreign objects, or us.
  9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
  10. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle and/or Equipment to our rental office for inspection and written amendment by us of the due-in date.
  11. Waiver. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement.
  12. No Consequential, Special, or Punitive Damages. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This clause shall survive the termination of the Agreement.
  13. Final Provisions.Any amendment or supplementation of the Agreement must be in written form and signed by the Parties. The Agreement constitutes the entire, final agreement between the Parties with respect to the subject matter thereof and there are no representations, understandings or agreements relative thereto which are not fully expressed therein. The Agreement cancels and supersedes all prior agreements, proposals, letters of intent, negotiations and representations, whether oral or written, between the Parties. The Agreement shall be binding on the Parties thereto and their respective successors and assigns. If any provision of this Agreement is void or unenforceable, the remaining provisions are valid and enforceable.
  14. Force Majeure. The Company shall not be liable in any way to you for death, bodily injury, illness, damage, delay or other loss or detriment to person or property, or financial costs both direct and indirect incurred, or for the Company’s failure to commence, perform and/or complete any duty owed to the Client if such death, delay, bodily injury, illness, damage or loss or detriment to person or property is caused by Act of God, war or war like operations, mechanical breakdowns, terrorist activities or threat thereof, civil commotions, labor difficulties, interference by authorities, political disturbance, extreme weather, or an event which the Company or the supplier of services, even with all due care, could not foresee.
  15. Governing Law.THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS (WITHOUT REGARD TO CONFLICT OF LAW RULES). THE PARTIES AGREE THAT PARKER COUNTY, TEXAS IS THE PROPER VENUE FOR ANY ACTION OR PROCEEDING BROUGHT BY ANY PARTY UNDER, IN CONNECTION WITH, OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE.
  16. Dispute Resolution. Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in Parker County, Texas, in accordance with the rules then in effect of the American Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the Parties to the arbitration. The prevailing Party shall be entitled to recover from the non-prevailing Party the prevailing Party’s actual attorneys’ fees and costs.

Rental Policies

  1. Age Requirement and Driver’s License. All drivers must be at least 25 years of age and possess a current and valid driver’s license. Only drivers listed on the Rental Agreement are allowed to drive. All drivers must present a valid driver’s license at the time of pick-up. Two drivers maximum. An international driver’s license is recommended for foreign tourists and may be required if you will be purchasing insurance collision coverage. Proof of insurance is required and may be purchased as needed.
  2. Driving Restrictions. These rental vehicles are not intended for off-road use. Unimproved roads, high clearance, closed roads, trails, 4x4 trails and tracks are not permitted at any time. If you travel in a restricted area you will be liable for all damages to vehicle, tires, windshield, additional equipment, and towing costs, along with any additional expenses resulting from breakdown or accident. The consumption of alcohol and other intoxicants is prohibited. Travel is limited to a maximum of 200 miles/day averaged over the trip. 200 miles/day is included in your rates but additional mileage up to 1,000 miles/day is available for purchase.
  3. Pick Up & Drop Off Location. Pick up and drop off are by scheduled appointment only. If you are unavailable to meet during your scheduled time window, please let us know. Pick up and drop off occur during our normal business hours. No refunds are applied in the event of a late pick up or early drop off. A rental day is a 24 hour period. In the event of a travel delay we will work with you as best as possible. Late or early picks ups are sometimes available for a fee.
  4. Reservation Deposit and Payment. A deposit of $500.00 or 25% of the booking, whichever is greater, is required to confirm your booking. Full payment is due at time of pick up. All fees are payable in US dollars.
  5. Damage Deposit. A damage deposit of $1,000.00 is required with your full payment at the time of pick up. Your deposit will be returned, minus any damages, rental charges, or Loss of Use, within 7 days after the vehicle is returned.
  6. Cancellations. Rental reservations cancelled 30 days or more prior to the pick-up date will not be charged. Rental reservations cancelled 14 days or more prior to the pick-up date will be charged $250. Rental reservations cancelled 7 days or more prior to the pick-up date will be charged $500. Rental reservations cancelled 6 days or less prior to the pick-up date will be charged the full price of the rental reservation. While we understand that plans can and do change, often due to unforeseen and sometimes unpleasant events, our cancellation terms are final and binding. We highly recommend all rental clients consider purchasing traveler’s insurance to protect themselves from last-minute cancellations.
  7. Rental Period. Our minimum rental period is 3 days.
  8. Rates. Rentals are assessed on a daily basis, by the calendar day, and not on an hourly basis. Rates are subject to change without prior notice. All rental rates are subject to state and local taxes.
  9. Accidents. In the unlikely event of an accident, you must contact us as soon as reasonably possible. Please gather all information from the other party (license, insurance, and contact information), if any. You may need to file a police report if there are extensive damages or injuries. We will work very hard to help you get back to your vacation as soon as possible. Our optional insurance provides protection packages depending on your trip needs, with each plan offering varying physical and liability protection. All optional insurance is provided by Liberty Mutual via Outdoorsy/Wheelbase and subject to their terms and conditions.
  10. Roadside Assistance. Roadside assistance is provided by a third-party and may be purchased at the time of booking or prior to departure. Roadside assistance purchases are subject to the terms and conditions of the third-party provider.
  11. One-Way Rentals. One way rentals are possible for an additional fee that is dependent upon the drop off/pick up locations.
  12. No Smoking. All of our vehicles are non-smoking. If there is evidence of smoking within the vehicle a minimum fee of $500 will be assessed to the renter’s credit card.
  13. No Pets. Pets may be permitted with prior approval. A $200 per pet rental fee is required (maximum one pet). If there is evidence of an unauthorized pet within the vehicle a minimum fee of $500 will be assessed.
  14. Citation and Tolls. If we are notified by authorities that we may be responsible for payment of a Citation issued during your rental period, a $100 processing fee will be charged for each such notification. If we pay any one of the Citations issued during your rental period, you authorize us to charge all such payments to the credit/debit card you used to pay for this rental. If toll fees are incurred during the rental period, you authorize us to charge all such payments to the credit/debit card you used to pay for this rental.
  15. Fuel. The fuel tank has to be returned at the same level as noted at departure. Always re-fill with 87 grade fuel. If you return the vehicle below the required fuel rate, refueling will be charged at a rate to be determined by us and deducted from your security deposit. You are not required to return the propane tank full.
  16. Cleaning. We will provide a clean and tidy car. We expect the vehicles to be returned in the same condition, aside from normal wear and tear. If we determine that there is excessive cleaning that needs to be done we will make a deduction from your damage deposit.
  17. Windshield and Tire Damage.Windshield damage is the responsibility of the renter. Make sure to note prior damage before you take possession of the vehicle. Damage to tires and the cost of puncture repairs is the responsibility of the renter.
  18. Vehicle Consultation. On or before pick up of the vehicle, renter will receive a complimentary vehicle consultation. This includes an explanation of the interior and exterior features of the vehicle, how to use any additional equipment that is rented, and driving tips.

Subscribe