Terms & Conditions

1. Description of Vehicle: Customer has requested and Company will endeavor to provide the following vehicle for the Customer’s use: Checked Above. Nevertheless, any vehicle owned by the Company and/or provided to the Customer on behalf of the Company will be considered the “Vehicle” for the purpose of this Agreement.

2. Nature of Rental: Customer, upon fulfillment of all the conditions precedent hereinafter described, will be allowed to rent the Vehicle, on a short-term hourly basis, as solely approved by the Company (the “Rental”).

3. Rental Fee: Customer shall pay to Company prior to the beginning of the Rental, in cash or by way of credit card, a rental fee (“Rental Fee”), as follows: Customer acknowledges that Company is not required to refund any portion of the Rental Fee to Customer once the Rental Fee is paid to Company. If Customer returns the Vehicle before Rental Time, Customer will not be entitled to any refund. If Customer exceeds the Rental Time, Customer will be charged for any excess Rental Time.

4. Taxes: Customer shall pay all sale, use, rental, environmental, excise and recovery taxes, including the mandatory 12% New York Sales Tax and an additional 8.625% New York State Surcharge.

5. Sobriety Test: Customer and/or any Authorized Driver represent and warrant during the entire Rental Period that he/she is not nor will be under the influence of any drugs, whether prescribed or non-prescribed, or alcohol which would impair Customer’s and/or Authorized Driver’s driving. Company, in its sole discretion, may deny Customer the Rental if it suspects Customer’s and/or any Authorized Driver’s ability to drive is impaired in any way.

6. Test Drive: Company, in its sole discretion, can require that Customer and/or any Authorized Driver submit to a test drive of the Vehicle prior to the beginning of the Rental, to ensure that the Customer and/or any Authorized Driver is capable of safely operating the Vehicle. Company can deny Customer and/or any Authorized Driver operation of the Vehicle if Company, in its sole and absolute discretion, determines that Customer and/or any Authorized Driver is incapable of safely operating the Vehicle.

7. Authorized Drivers: Customer, as an Authorized Driver, acknowledges that he/she possesses a valid driver’s license and that he/she is over 25 years of age. An Authorized Driver also includes any other individual that has Customer’s express permission to operate the Vehicle and who is at least 25 years of age or older, possesses a valid driver’s license, and possesses a good driving record. Customer agrees to not allow any unauthorized drivers to operate this vehicle and understands that failing to comply results in a fine as determined by the Company and immediate termination of the rental agreement.

8. Rental Indemnity: Customer agrees to indemnify and hold Company harmless from any loss, liability and expenses that Company incurs arising out of the use of the Vehicle, including reasonable attorney’s fees, which exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction, or the limits of any liability and comprehensive protection that Customer furnished to Company or which results from any unauthorized use or prohibited operation of the Vehicle. This is a contract for rental of the Vehicle. Company may repossess the Vehicle at Customer’s expense without notice to Customer if the Vehicle is abandoned or used in violation of any law or this Agreement.

9. Company Right to Defend: The Company has no duty to defend lawsuits not covered by the liability protection. To the extent permitted by applicable law, the Company has no duty to defend any Authorized Driver in any claim or lawsuit arising out of any acts prohibited by this Agreement. I understand that if a claim is made or a lawsuit if filed under the terms of this Agreement, and if no other source of defense is available to the Authorized Driver, the Company may defend the claim or lawsuit at its sole discretion.

10. Return and Condition of Vehicle: Customer must return the Vehicle in the condition he/she received it, on the date and the time indicated on the Agreement. Customer will return the Vehicle to Company’s office listed in this Agreement unless otherwise authorized by Company to arrange the pick-up at Customer’s place. Customer must return it sooner on Company’s demand.

11. Responsibility for Damage or Loss: The customer is responsible for all physical and mechanical damage to, or loss or theft of the vehicle, including damage caused by weather, road conditions, and acts of nature, whether or not the customer is at fault. The customer is responsible for the cost of repair or the actual cash retail value of the vehicle on the date of the loss.

12. Prohibited Uses: Violation of any of this paragraph will automatically terminate customer’s rental, and also make customer liable to company for all the penalties, fines, forfeitures, liens and recovery and storage costs, including all related legal expenses, fees and cost. The following are violations and acts prohibited under this Agreement.

13. Obedience to Traffic Laws: Customer and/or any Authorized Driver hereby agree that during the Rental Period, they will obey all traffic laws, including, but not limited to, driving within all posted speed limits. Customer and/or any Authorized Driver agree and acknowledge that they shall be solely liable for any and all traffic or other citations incurred while driving the Vehicle during the Rental Period.

14. Video; Photographs: Customer hereby agrees and acknowledges that as part of the Rental, Customer is allowed to video and/or photograph the Vehicle and Rental route, for the Customer’s own personal and private use. Customer shall not utilize any video and/or photographs for any commercial purpose without the express written consent of the Company.

15. Pre-Authorization to Charge Credit Card in Certain Circumstances: Customer authorizes Exoticus Car Rental to charge the credit card provided for any additional expenses incurred during the rental period, including but not limited to fines, damages, and late return fees.

16. Fuel Service Charge: Any Vehicle rented will always be delivered with a full tank of gas and needs to be returned with a full tank of gas. If the Vehicle is not returned with a full tank of gas, Customer will be charged a fuel service charge as determined by the Company for the fuel needed to fill the Vehicle.

17. Customer’s Property: Customer releases Company, our agents and employees, from all claims for loss of, or damage to Customer’s personal property or belonging to any other person, that Company received, handled or stored, or that was left behind or carried in or on the Vehicle or in any service Vehicle from our Office.

18. Breach of Agreement: Customer waives all recourse against Company for any criminal reports or prosecutions that Company takes against Customer which arise out of Customer breach of this Agreement.

19. Fines/Violation: Customer agrees to pay for all traffic, toll and parking violations and authorizes Company to charge the credit card of record for any such charges which Company may incur as a result of Customer’s actions, as well as agree to a service processing fee as determined by the Company.

20. Collections: If Customers does not pay all amounts due to Company under this Agreement upon demand, including all charges, fees and expenses, including, without limitation, payments for Loss of Use, loss or damage to the Vehicle, rental charges, parking and traffic fines and penalties, toll charges, towing, storage and impoundment fees, Customer agrees to pay a late charge of 40% per month on the past due balance or the highest rate permitted by applicable law.

21. Proof of Insurance: Customer agrees that prior to operating the Vehicle, Customer will provide Company with proof of liability and comprehensive insurance, and that Company will confirm liability and comprehensive insurance coverage with Customer’s insurance company.

22. GPS/RPM’S: Customer acknowledges and agrees that the Vehicle being rented contains a GPS device which not only gives Company the location of the Vehicle, but also provides information about the Vehicle’s performance (such as the engine RPM’s).

23. Warranties: Company has not made and specifically disclaims any representations or warranties, expressed or implied, as to any matter whatsoever, including, without limitation, the quality or condition of the vehicle, its merchantability or its fitness for a particular purpose regardless of cause.

24. Entire Agreement: This Agreement represents the final, complete and entire agreement between the parties hereto. There are no oral or unwritten agreements or understandings affecting this Agreement or the Vehicle.

25. Miscellaneous: In the event any provision, in whole or in part, of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provision(s), in whole or in part, shall remain and survive in full force and effect.

26. Jurisdiction: This Agreement shall be binding when accepted in writing by the Company. The interpretation, construction, and validity of this agreement and rights and obligations of the parties hereto shall be governed and construed in accordance with the internal laws of the state of New York (without regard to the conflict of laws principles of any state), including all matters of construction, validity, and performance, regardless of the location of the vehicle or the residency of the customer and/or any authorized driver. With respect to any legal action commenced hereunder, customer hereby voluntarily consents to the jurisdiction of any federal or state court located in the state of New York. Customer and/or any authorized driver expressly waive any right to a trial by jury.