Below are the Terms and Conditions to rent a Sonoran Trails Jeep or Jeep Camper. Please read carefully and click the link to download a copy, complete, and bring with you to your orientation. This will expedite this process! Thank you!
TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE YOU SIGN THIS RENTAL AGREEMENT
This Rental Agreement (hereinafter: “Agreement”) is made by and between Sonoran Trails, LLC, an Arizona Limited Liability Company, (hereinafter: “Owner”) and the person and/or company signing the Rental Document (hereinafter: “Renter”) whose particulars are recorded on Page 1 of this Agreement. This Rental Agreement is comprised of the following terms and conditions and the information contained on Page 1 (hereinafter: “Page 1”), attached hereto and incorporated herein, outlining the rental details.
It is hereby agreed as follows:
In this agreement, unless otherwise indicated:
“Damage(s)” includes expenditures for towing, transporting and storing the vehicle, repairing any damage to the vehicle (including rim and tire damage), the costs of an expert to inspect collision damage and report therein;
“Condition” means the state of the Vehicle, especially with regard to its appearance, quality, or working order.
“Contract” means this Rental Agreement for which these terms and conditions have been annexed, issued by Owner to the Renter and signed by Renter with respect to Owner’s Vehicle as defined on Page 1 and will have the effect of a legally binding contract between the parties and should be read with these terms and conditions;
“On Time” means that the Renter agrees to return the Vehicle to Owner by the return date as indicated on Page 1;
“Late Return” means that the Renter failed to return the Vehicle to Owner on or before the date specified on Page 1;
“Renter” means the person whose name is reflected on Page 1 as the Renter;
“Term of Hire” includes the period from the date of rental as indicated on Page 1 until the date the Vehicle is returned to Owner;
“Vehicle” means the motor vehicle for which Renter is permitted by Owner to operate as described on Page 1.
II. TERM OF RENTAL AND VEHICLE DESCRIPTION
Owner hereby allows Renter to use the motor vehicle documented on Page 1, and Renter will hereby take the motor vehicle (hereinafter: “Vehicle”), details of which are described on Page 1, for the term of hire as described on Page 1.
Owner hereby allows Renter use of the Vehicle, but Renter has no authority to act for or on behalf of Owner. Under no circumstances is Renter permitted to have the Vehicle serviced or repaired without Owner’s prior permission in writing.
The Vehicle is being rented by Renter as is, and Owner makes no warranties of any kind or nature to Renter or any other person or party, whether express or implied, as to merchantability or fitness of the Vehicle for any particular purpose. Under no circumstances is Owner responsible to Renter for any loss, damage, or inconvenience which may occur to Renter as a result of any malfunction or breakdown of the Vehicle.
III. VEHICLE CONDITIONS AND RETURN
Renter acknowledges and agrees that the vehicle which is rented to them is in good condition when rented except as noted on Page 1, and that the vehicle shall return in the same condition for which it was rented without any damage or injury to the vehicle. Owner will collect a security and damage deposit before Renter is allowed to use the Vehicle.
Should the Renter fail to return the Vehicle on time as notated on Page 1, or should Renter violate any provisions of this agreement, Owner reserves the right to locate, repossess, and collect the Vehicle without any notice or hearing and Renter agrees to compensate Owner for any cost, fees, and charges associated therein.
Renter shall pay Owner for the use of the Vehicle the sum or sums specified on Page 1; and authorizes the Owner to charge all amounts payable to the Renter’s account. Renter’s account means a nominated debit card, credit card, pre-arranged charge account or appropriate cash deposit agreed to by the parties.
Full day rental charges are computed on a twenty-four (24) hour basis beginning from the time the Vehicle is rented until the time that the Vehicle is returned to Owner. Weekly rental charges are computed on a seven (7) day basis. Any charges other than full day or weekly charges are to be calculated in increments of one (1) hour. Full day and weekly rentals allow up to 100 miles per day and any miles above and beyond the daily allowance shall be charged to Renter as outlined on Page 1. There are no refunds for returning the Vehicle early or before the Vehicle is due to return.
In addition to the payment specified above, Renter acknowledges that they shall be liable at the end of the rental term to pay Owner any applicable additional charges, including but not limited to:
(a) Charges for petrol or other fuel used, not including oil, as notated on Page 1;
(b) Road user charges, including but not limited to toll fees;
(c) Charges for the late return of the Vehicle which shall be $50 per hour;
(d) Charges for damage to or repair of the Vehicle, and any enforcement charges relating to such damage or repairs (including attorney fees and costs associated thereto);
(e) Charges for Vehicle detail services/cleaning if the Vehicle is returned in an unreasonably unclean condition that requires additional cleaning and/or deodorizing. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unreasonably unpleasant odors including cigarette smoke;
(f) A fee to cover additional drivers;
(h) Towing or recovery charges;
(h) Any and all applicable taxes;
(i) Tools, parts, accessories, equipment, or other items that accompany the Vehicle when rented, which are lost or damaged, regardless of fault, up to the full retail value of the item;
(k) Any and all traffic and/or parking offense infringement fees; and
(l) Administrative fees or any and all other fees as specified in the Rental Agreement on Page 1.
Owner will charge the amounts set forth in this Rental Agreement to the Renter’s account during or after the term of the rental is completed, or Renter may pay such charges as agreed by Owner, such choice to be at Owner’s sole discretion.
Renter agrees that any funds on deposit for the rental shall be applied towards any outstanding balance on the Renter’s account, and that Owner may charge any credit cards, or debit cards on file for any outstanding balances on Renter’s account.
If the Renter fails to pay any money due under or in connection with this Rental Agreement within 14 days of the date by which the Renter was required to pay the money, Owner may, without prejudice to any other rights or remedies Owner may have or be entitled to, charge Renter and Renter must pay all additional costs, including but not limited to:
(a) Interest at a rate of 10% per day on the total amount owing from the expiration of 14 days from the date for which Renter was required to pay the money up until and including the date of payment;
(b) Any and All costs incurred by Owner for the collection of unpaid money by a debt collection agency or other external legal agency; and
(c) An administrative fee of $50
Vehicle may be driven during the term of the rental only by the person(s) named on Page 1 as either the Primary Driver or Additional Driver, and only if the authorized driver holds a current valid driver’s license appropriate for the Vehicle for the entire duration for which the permitted driver is using the Vehicle. Additionally, all Drivers must be at least twenty-one (21) years of age.
Renter and any other authorized drivers agree to operate Vehicle only on established roads or established trails within the State of Arizona. Renter and any other authorized drivers agree not to operate the Vehicle on any private property, wilderness, or primitive area, or on any closed road in any National Forest, Park, or Government Property unless the Driver has obtained the appropriate consent or permit to drive on said property. Driver shall be solely responsible for obtaining any required permits or consents to operate the vehicle on property. Driver agrees that the vehicle may be driven only in the continental United States and that the driver is specifically not authorized to take the vehicle out the United States.
Renter and any other authorized drivers agree to carry no more than the Vehicle rated number of occupants as specified on Page 1. Renter and any other authorized drivers agree also agree that all persons or occupants of the Vehicle shall ride in seats within the passenger compartment of the Vehicle and agree to not carry anyone or anything for hire.
Renter and any other authorized drivers agree to not place ice chest, coolers, or any other object on the seats of the Vehicle which may cause damage to the Vehicle.
Renter and any other authorized drivers agree to not use Vehicle for towing, pushing, pulling or otherwise move any other object, trailer, or vehicle.
Renter and any other authorized drivers agree to not operate the Vehicle while under the influence of any drug, substance, or alcohol. Renter and any other authorized drivers further agree to not operate the Vehicle in any way which may violate Local, State, or Federal Law including failure to report an accident, any transportation of drugs or alcohol, or any other violation of the law. Renter and any authorized drivers will be jointly and severally liable for any damage or injury that occurs for failure to abide by these provisions. Such damages may include, but are not limited to, Owner’s loss of business and up to the full value of the Vehicle.
VI. LIABILITY FOR PERSONAL PROPERTY, DAMAGE, AND THEFT
Owner is not responsible, under any circumstance, for any loss or damage to Renter’s personal property, or the personal property of any occupant of the Vehicle, regardless of the cause of such loss or damage. Renter agrees that should any loss or damage occur to their personal property or property of any occupant, that Renter shall hold Owner, its agents, and employees harmless and not liable for such loss or damage.
Accidents which involve the use of the Vehicle must be reported to Owner and any applicable law enforcement agency. Renter agrees to cooperate with any law enforcement agency and Owner by providing requested information and participating in the investigation of any accident and/or claim.
Renter agrees to inform Owner and any applicable law enforcement agency should the Vehicle become lost or stolen. Regardless of fault or cause, Renter agrees to pay Owner up to the full cost or value of the Vehicle, including any loss of business revenue or downtime incurred by Owner, should the Vehicle become lost or stolen or in the event of any damages to Vehicle.
THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.
THE OWNER REPRESENTS AND WARRANTS THAT EACH DRIVER HAS CONFIRMED THAT THE INSURANCE POLICY IDENTIFIED IN THIS CONTRACT IS IN FULL FORCE AND EFFECT AND COVERS RENTED VEHICLES, SPECIFICALLY THE RENTED VEHICLE THAT IS REFERENCED IN THIS AGREEMENT. EACH DRIVER FURTHER AGREES TO INDEMNIFY AND DEFEND SONORAN TRAILS OVERLAND FROM ANY AND ALL LOSS OR DAMAGE CAUSED BY THE DRIVER
VIII. BREACH OF THE RENTAL AGREEMENT, MODIFICATION, AND ASSIGNMENT
Should Renter violate any of the terms and conditions present herein, Owner retains the right to repossess the vehicle, charge the Renter for any and all loss, damage, or other applicable charges, and bring suit for any outstanding balance including charges for damage to the Vehicle.
The validity, interpretation and performance of this agreement shall be controlled by and construed under the laws of the State of Arizona. Renter, Owner, and all parties to this agreement further acknowledge that the exclusive jurisdiction for any action related to this agreement shall be the Superior Court for the State of Arizona located in Maricopa County, Arizona.
No addition to or modification or waiver of any provisions of this Agreement shall be binding on Renter, Owner, and any party unless made in writing and executed by an authorized representative of each party. The waiver of any provision of this Agreement shall not be construed as a waiver of (i) any claims arising from a subsequent breach of that or any other provision of this Agreement or (ii) any other provision of this Agreement. The failure of Renter or Owner to object to, or to take affirmative action with respect to, any conduct of the other party to this Agreement, shall not be construed as a waiver of any claim arising from a future breach or subsequent wrongful conduct.
Renter shall not assign or otherwise transfer any interests in or duties under this Agreement without the prior written consent of Owner.
VIII. HEADINGS, SEVERABILITY, AND OTHER PROVISIONS
The headings used in this Agreement are intended solely for convenience and shall not determine or alter the rights and obligations of the parties.
Any provision of this Agreement held to be in violation of any law or ordinance shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the Renter, Owner, and any parties to this Agreement. Renter and Owner shall attempt in good faith to replace any invalid or unenforceable provisions of this Agreement with provisions that are valid and enforceable and that approximate as nearly as possible the intention of the original provisions.
Renter will not use the name, trademarks, or service marks of Owner, or any information regarding the Agreement, for any purpose without the prior written consent of Owner, which consent may be withheld in Owner’s sole discretion.
This Agreement may be executed in two (2) or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument.
Unless otherwise specified below, the following signatories are the authorized representatives upon whose decision and information each party may rely for performance of this Agreement.
After carefully reading and considering the foregoing provisions of this Agreement, Drivers have voluntarily executed this Agreement to be effective as of the date first written above.
By signing I agree that I have read, understood and accept the Sonoran Trails Terms and Conditions contained herein. Any questions I have regarding the meaning of any of these terms have been fully explained to me by ALPHA1414, LLC/SONORAN TRAILS OVERLANDING. By signing this Agreement and initialing these Terms and Conditions, I agree to abide by and be bound by each and every term contained in this Agreement. Each Person signing as Driver or Additional Driver also agrees to be jointly and severely liable for all charges under this Agreement.
Signature of Driver: _______________________Date:__________
Signature of Additional Driver:____________________ Date:______