Terms and Conditions - Try-A-Tesla

The terms and conditions appearing in this agreement apply to all TRY-A-TESLA rentals commencing in the United States.

You accept and agree to be bound by these Terms and Conditions by clicking “accept” or utilizing some other applicable means of electronic acceptance that coincides or applies to these Terms. Each time that you rent a vehicle, you agree that you have received, read, understood, and accepted these Terms.

E-CONSENT. As of the date you are reading this paragraph, you represent to TRY-A-TESLA that your hardware and software meet the requirements for access to, receiving of, and retention of electronic records and email. You may receive a paper copy of these Terms by calling 786-837-5222. By clicking on the “I accept” or similar button applicable to these Terms, you agree to both the Rental Agreement Terms and Conditions and electronic contracting/signature relating to your applicable reservations and applicable rentals. You have received, read, understand, accept, and agree to the Terms and Conditions.

Rental Agreement terms and conditions

DEFINITIONS:

“Agreement” means all terms and conditions found in the Rental Agreement Vehicle Inspection Form this terms and conditions, any addenda, and any additional documents you sign, or we provide at the time of rental.

“You” or “your” means the person identified as the renter and each additional driver listed by us in this Agreement., each person signing this agreement, each authorized driver and every person or organization to whom charges are billed by us at its or the renter’s direction.

“We,” “our,” or “us” means “TRY-A-TESLA Inc,” or “TRY-A-TESLA,” the independent rental company named elsewhere in this Agreement

“Authorized Driver” means the renter and each additional driver listed by us on this agreement, as long as each such person has valid driver’s license and is at least age of 21. Only Authorized driver are permitted to use the Vehicle.

“Vehicle” means the automobile identified in this agreement and any vehicle we substitute for it, and all its tires’ tools, accessories, optional equipment, keys and vehicle documents.

“CDW” means Collision Damage Waiver

“Collision Damage” means damage to, or loss of, the Vehicle caused by collision or upset. Collision Damage does not include damage to tires, wheels, or windshields; comprehensive damage such as damage to or loss of the Vehicle due to theft, vandalism, act of nature, riot or civic disturbance, hail, flood or fire; or other comprehensive loss not caused by collision or upset.

“Loss of Use” means the loss of our ability to use the vehicle for rent or sale, opportunity to upgrade or sale, opportunity to upgrade or sell, or transportation of employees.

“Diminished Value” means the different between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third-party estimate obtained by us or on our behalf.

“Charge” means the fees and charges incurred under this Agreement. All the amount expressed under this agreement shall be payable in U.S. Dollars.

“Rental Period” means the period between the time that you take possession of the vehicle and the time that the vehicle is either returned to or recovered by us and checked in by us.

“Vehicle License Fee,” “Vehicle licensing,” “Vehicle License Prop Tax,” “Vehicle License Cost Recovery Fee,” or “Motor Vehicle Tax” means a vehicle license cost recovery fee based on our estimated average per day per vehicle portion of our total annual vehicle licensing, titling, and registration cost.

NATURE OF THIS AGREEMENT

This is a contract for the rental of the Vehicle only. 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 TRY-A-TESLA. No one other than TRY-A-TESLA may transfer the Car or any rights or obligations under this Agreement. You do not have the right to sublease the vehicle. Any attempted transfer or sublease of the Car by anyone other than TRY-A-TESLA is void. Neither You nor any Authorized Operators are agents of TRY-A-TESLA. No one may service or repair the Car without TRY-A-TESLA’ prior express approval. TRY-A-TESLA MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE. TO THE EXTENT PERMITTED BY LAW, WE MAY REPOSSESS THE VEHICLE IMMEDIATELY WITHOUT NOTICE TO YOU, IF THE VEHICLE IS ABANDONED OR USED IN VIOLATION OF LAW OR THIS AGREEMENT.

INDEMNITY

No Warranties. To the fullest extent permitted by law, you agree to indemnify TRY-A-TESLA, defend TRY-A-TESLA and hold TRY-A-TESLA harmless from all judgments, claims, liability costs and attorney fees we incur resulting from or arising out of, this rental, your use of the Vehicle or our repossession of it, and/or your use of “optional equipment.” WE MAKE NO WARRANTIES, EXPRESS, IMPLIED, OR APPARENT, REGARDING THE VEHICLE OR OPTIONAL EQUIPMENT THAT WE RENT TO YOU FOR USE IN THE VEHICLE, NO WARRANTY OF MERCHANTABILITY AND NO WARRANTY THAT THE VEHICLE OR OPTIONAL EQUIPMENT IS FIT FOR A PARTICULAR PURPOSE.

WHO MAY OPERATE THE CAR

Only You and, with Your permission, the following persons, provided that they meet the qualifications set forth in the following sentence (“Authorized Operators”), may operate the Car: Your spouse, Your domestic partner (if You are not married), Your employer, employees and fellow employees incidental to their business duties, and any other person who meets TRY-A-TESLA’ qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 21 years old and have a valid driver’s license from a jurisdiction acceptable to TRY-A-TESLA. Charges for Authorized Operators under 25 will apply. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at TRY-A-TESLA’ discretion, be in effect at the time and place of rental; and, where permitted by law, TRY-A-TESLA may impose an additional fee for such persons. A “domestic partner” is an unmarried partner of the same or opposite sex who is not Your parent, grandparent, sibling, child, grandchild, uncle, aunt, niece or nephew (in each case by blood or adoption), who permanently resides at the same address as You, and whose driver’s license shows the same residence address as Your driver’s license.

By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car.

RETURN

You must return the vehicle to our rental office or other location we specify, on the date and time noted in this agreement. Ordinary wear due to reasonable use excepted, you must return the car to TRY-A-TESLA in the same condition it is in when you receive it. If you exceed 2500 miles in a 30-day period, your rental privileges may be revoked due to excessive wear and tear. You must return the car to TRY-A-TESLA by the due date specified on the rental record, or sooner if demanded by TRY-A-TESLA. To extend the rental period, you must first obtain our approval by contacting our rental office before the due-in date, during BUSINESS HOURS (MONDAY- FRIDAY 8 AM -5 PM). It’s your responsibility to notify us about the return or changing of time of the return. In no event may you keep the car for more than thirty (30) days unless authorized in writing by TRY-A-TESLA. A RETURN CHANGE FEE WILL APPLY TO ANY CHANGE IN YOUR SCHEDULED RETURN DATE, TIME OR LOCATION. IF YOU RETURN THE CAR BEFORE OR AFTER YOUR SCHEDULED RETURN DATE AND TIME AND FAIL TO TIMELY NOTIFY TRY-A-TESLA, TRY-A-TESLA MAY CHARGE YOU AN EARLY/LATE RETURN FEE. The car will remain subject to these terms and conditions until TRY-A-TESLA has inspected and accepted it; if you return the car after hours, (a) you are responsible for any damage to the car until TRY-A-TESLA has inspected and accepted it on the next day that the return location is open for business and (b) time charges, charges for Liability Damage Waiver 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. TRY-A-TESLA do not provide immediate inspection after checking out during business hours, but we will make sure we handle inspection in a timely and responsive manner. SERVICE TO THE VEHICLE OR REPLACEMENT OF PARTS OR ACCESSORIES DURING THE RENTAL PERIOD MUST HAVE OUR PRIOR WRITTEN APPROVAL. You must check and maintain all electricity levels and return the vehicle with at least the same amount of charging as when rented unless you purchase a prepaid EV Charging option.

IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN IMMEDIATELY AFTER TRY-A-TESLA SENDS YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN IN YOUR ENROLLMENT OR OTHERWISE PROVIDED TO TRY-A-TESLA, TRY-A-TESLA MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER THE PROHIBITED USE OF THESE TERMS. THEN TRY-A-TESLA MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRECONDITION FOR TRY-A-TESLA RECOVERING THE CAR. YOU EXPRESSLY CONSENT AND AGREE THAT TRY-A-TESLA MAY USE ELECTRONIC OR VERBAL MEANS TO CONTACT YOU. YOU AGREE THAT TRY-A-TESLA MAY USE EMAIL ADDRESS OR TELEPHONE NUMBER YOU PROVIDE TO CONTACT YOU, INCLUDING MANUAL CALLING, VOICE MESSAGES, TEXT MESSAGES, EMAILS OR AUTOMATIC TELEPHONE DIALING SYSTEMS. The car may be equipped with global positioning technology or other telematics systems and a transmitter that allows TRY-A-TESLA 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 TRY-A-TESLA to share that data with the device manufacturer, the original equipment manufacturer and its affiliates (collectively, “oem”), service providers, and other third parties to whom TRY-A-TESLA or oem grants data access. To the extent permitted by law, you authorized TRY-A-TESLA’, the device manufacturer’s, oem’s, service provider’s and other third parties to whom TRY-A-TESLA or oem grants data access use of the technology included in the car, including to track the location of the car, to disable the car and to assist in the repossession of the car. It is your responsibility to delete any bluetooth synced data from the car upon your return. You acknowledge and agree that, to the extent permitted by applicable law, TRY-A-TESLA may collect, process, charge on the basis of, add to your customer profile and take disciplinary action on the basis of the data derived from in-car telematics and other devices and gauges. To the extent permitted by law, we may disable the vehicle when we deem necessary, including if you breach this agreement. These systems may use cellular communications, and you should have no expectation of privacy related to your use of this vehicle. You agree to inform all drivers and passengers of the vehicle of the terms of this section, and that you have authorized release of information collected by gps or other telematics system or edr. We are not responsible for the operability of any telematics navigational or other system included with the vehicle. To the extent permitted by law, you agree to indemnify, defend, and hold us harmless from any damage to persons or property caused by failure of the gps or other telematics system or edr to operate properly, or otherwise arising from the use of the gps or other telematics system or edr.

YOU EXPRESSLY DISCHARGE ANY CLAIMS OF RESPONSIBILITY OF TRY-A-TESLA REGARDING THE MISUSE OF INFORMATION BY CDP SPONSER. SUCH INFORMATION MAY INCLUDE, BUT IS NOT LIMITED TO: NAME; BIRTH DATE; CONTACT INFORMATION (PHONE, EMAIL ADDRESS, MAILING ADDRESS); DRIVER’S LICENSE NUMBER, STATE OF ISSUANCE AND EXPIRATION DATE, CREDIT / DEBIT CARD INFORMATION; CHARGES APPLICABLE TO THE RENTAL; INSURANCE INFORMATION; CAR USAGE INFORMATION (INCLUDING GEOLOCATION, SPEED, AND OTHER DATA); CAR LICENSE PLATE ISSUING STATE AND NUMBER; CAR MAKE, MODEL, YEAR, MILEAGE, COLOR AND NUMBER OF DOORS; RENTAL LOCATION; BACKGROUND AND FINANCIAL INFORMATION; AND RENTAL HISTORY (INCLUDING CURRENT RENTAL AND DUE DATE). YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE CDP SPONSOR MAY PROVIDE PERSONAL INFORMATION ABOUT YOU TO TRY-A-TESLA.

Upon return, if the car requires more than TRY-A-TESLA’ standard cleaning on its return, TRY-A-TESLA may charge you for the actual costs incurred by TRY-A-TESLA to have the car cleaned.
To the extent permitted by law, we may repossess the vehicle without notice to you, if the vehicle is abandoned or used in violation of law or this agreement.

YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL LOSS DAMAGE WAIVER

YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGE TO, LOSS OF, OR THEFT OF THE VEHICLE DURING THE RENTAL PERIOD 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.

YOUR RESPONSIBILITIES WILL INCLUDE:

ALL DAMAGES TO THE VEHICLE MEASURED AS FOLLOWS:

1. IF WE DETERMINE THT THE VEHICLE IS A TOTAL LOSS, THE FAIR MARKET VALUE OF THE VEHICLE, LESS SALVAGE.
2. IF WE DETERMINE THE VEHICLE IS REPAIRABLE:
  1. THE DIFFERENCE BETWEEN THE VALUE OF THE VEHICLE IMMEDIATELY BEFORE THE DAMAGE AND THE VALUE IMMEDIATELY AFTER THE DAMAGE; OR
  2. THE REASONABLE ESTIMATED RETAIL VALUE OF ACTUAL COST OF REPAIR PLUS DIMINISHED VALUE
LOSS OF USE, WHICH IS MEASURED BY MULTIPLYING YOUR DAILY RENTAL RATE BY EITHER THE ACTUAL OR ESTIMATED NUMBER OF THE DAYS FROM THE DATE THE VEHICLE IS DAMAGED UNTIL IT IS REPLACED OR REPAIRED, WHICH YOU AGREE REPRESENTS A REASONABLE ESTIMATE OF LOSS OF USE DAMAGES AND NOT A PENALTY. LOSS OF USE IS PAYABLE REGARDLESS OF FLEET UTILIZATION;
AN ADMINISTRATIVE FEE, CALCULATED BASED ON THE DAMAGE REPAIR ESTIMATE AS FOLLOWS, WHICH YOU AGREE IS REASONABLE: $0-$25 DAMAGE = $50 FEE; $251-$500 DAMAGE = $75 FEE; $501-$750 DAMAGE = $100 FEE; $751-$1500 DAMAGE = $150 FEE; $1500- $2500 DAMAGE = $200 FEE; OVER $2500 DAMAGE = $250 FEE;
TOWING, STORAGE, AND IMPOUND CHARGES AND OTHER REASONABLE INCIDENTAL AND CONSEQUENTIAL DAMAGES;
ALL COST ASSOCIATED WITH OUR ENFORCEMENT OF THIS AGREEMENT OR COLLECTION OF CHARGES, INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES, AND COST WHETHER OR NOT LITIGATION IS COMMENCED. YOU MUST REPORT ALL ACCIDENTS OR INCIDENTS OF THE THEFT AND VANDALISM TO US AND THE POLICE AS SOON AS YOU DISCOVER THEM.

WHERE PERMIITED BY LAW, YOU AUTHORIZE US TO CHARGE YOU FOR THE ACTUAL COST OF THE REPAIR OR REPLACEMENT OF LOST OR DAMAGED ITEMS SUCH AS GLASS, MIRRORS AND ANTENNA, AS PART OF THE RENTAL CHARGES AT THE TIME OF RETURN.

TRY-A-TESLA MAY, WHERE PERMITTED UNDER APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT, CHARGE OR DEBIT CARD FOR THESE LOSSES, COSTS AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL.

You will need insurance to rent a car with TRY-A-TESLA. It’s your sole responsibility to verify your insurance coverage to make sure it can be extended to our rental vehicle. It’s your responsibility to purchase optional loss damage waiver coverage and liability, and personal and property damage supplements to ensure full coverage if you do not have insurance. You will be 100% liable for all damage incurred during your rental period.

If you have purchased the optional Loss Damage Waiver (“LDW”), which is not insurance, TRY-A-TESLA will not hold you responsible for the portion covered by loss of or damage to the car. You will still be responsible for the cost that LDW did not cover. According to third party insurance provider, as of June 1 , 2019, LDW purchased for program rentals which commence in the United States is not subject to a deductible. In the future deductibles may, without notice, be imposed, and thereafter changed from time to time, where permitted by law, but only if the deductibles imposed are noted on the rental records for the rentals to which they apply.

YOU MAY, AT THE COMMENCEMENT OF A RENTAL, BE GIVEN ADDITIONAL DISCLOSURES PERTINENT TO YOUR DECISION WHETHER TO PURCHASE OR DECLINE LDW IN THE JURISDICTION IN WHICH THE RENTAL COMMENCES. THESE ADDITIONAL DISCLOSURES MAY APPEAR ON YOUR RENTAL RECORD OR IN A SEPARATE NOTICE. YOU SHOULD READ THESE DISCLOSURES CAREFULLY PRIOR TO COMMENCEMENT OF THE RENTAL. IF YOU HAVE DECLINED LDW IN YOUR ENROLLMENT, YOU MAY NEVERTHELESS PURCHASE LDW FOR A SPECIFIC RENTAL BY ADVISING A TRY-A-TESLA REPRESENTATIVE OF YOUR DECISION AT THE COMMENCEMENT OF THE RENTAL AND HAVING THE REPRESENTATIVE REVISE THE RENTAL RECORD TO REFLECT YOUR ELECTION. LIKEWISE, IF YOU HAVE ACCEPTED LDW IN YOUR ENROLLMENT, YOU MAY ELECT TO DECLINE LDW FOR A SPECIFIC RENTAL BY OBTAINING A REVISED RENTAL RECORD/AGREEMENT FROM A TRY-A-TESLA REPRESENTATIVE AT THE COMMENCEMENT OF THE RENTAL.

YOU GRANT TRY-A-TESLA A LIMITED POWER OF ATTORNEY TO PRESENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER.

PROHIBITED USE OF THE CAR:

CERTAIN USES OF THE VEHICLE AND OTHER ACTION BY YOU OR ANOTHER DRIVER OR A PASSENGER ARE PROHIBITED USES (“PROHIBITED USES”)
NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY:

a. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; OR WHOSE DRIVER’S LICENSE IS SUSPENDED IN ANY JURISDICTION OR EXPIRED;

b. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR;

c. TAKE OR ATTEMPT TO TAKE THE CAR TO ANYWHERE ELSE OUTSIDE OF FLORIDA STATE, EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT; SHOULD THE RENTER TAKE THE VEHICLE OUTSIDE THE STATE OF FLORIDA, A $1,000.00 FINE WILL BE CHARGED TO THE RENTER’S CREDIT CARD IMMEDIATELY, AND THE RENTER WILL BE SOLELY RESPONSIBLE FOR ALL DAMAGES AND LIABILITIES THAT MAY RESULT FROM ANY ACCIDENT WHILE OUTSIDE OF STATE OF FLORIDA;

d. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE OF THE CAR WHEN OVERLOADED OR CARRYING PASSENGERS IN EXCESS OF THE NUMBER OF SEAT BELTS IN THE CAR, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, LEAVING THE CAR AND FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK; OR INTENTIONALLY DISREGARD TO THE VEHICLE OR TO THIRD PARTIES AND THEIR PROPERTY;

e. DRIVE UNDER THE INFLUENCE OF ALCOHOL, MARIJUANA, A PRESCRIPTION OR NON-PRESCRIPTION DRUG, CONTROLLED SUBSTANCE, DRUGS,OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY;

f. IN FURTHERANCE OF ANY ILLEAGAL PURPOSE OR UNDER ANY CIRCUMSTANCE THAT WOULD CONSITUTE A FELONY OR OTHER VIOLATION OF LAW (OTHER THAN A MINORTRAFFIC VOILATION). FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND OR ANY DIRECT OR INDIRECT ACT OF TERRORISM INVOLVING THE CAUSING OR THREATENING OF HARM OF WHATEVER NATURE AND BY WHATEVER MEANS MADE OR CLAIMED TO BE MADE IN WHOLE OR PART FOR POLITICAL, RELIGIOUS, IDEOLOGICAL OR SIMILAR PURPOSE;
g. TOW OR PUSH ANYTHING; TEACH ANUTOME TO DRIVE; CARRY THE OBJECTS ON THE ROOF OF THE VEHICLE;

h. PERFORM A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION;

i. TO CARRY PERSONS OR PROPERTY FOR HIRE (i.e., FOR A CHARGE OR FEE), UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY TRY-A-TESLA;

j. USE THE CAR IF IT HAS BEEN OBTAINED FROM TRY-A-TESLA BY FRAUD OR MISREPRESENTATION;

k. CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSES INCIDENTAL THERETO;
l. LOAD THE VEHICLE BEYOND ITS CAPACITY AS DETERMINED BY THE MANUFACTURER OF THE VEHICLE;
m. OPERATE ON UNPAVED ROAD;
n. TRANSPORT MORE PERSONS THAN THE VEHICLE HAS SEAT BELTS, OR TO CARRY PERSONS OUTSIDE THE PASSENGER COMPARTMENT;
o. TRANSPORT CHILDREN WITHOUT APPROVED CHILD SAFETY SEATS REQUIRED BY THE LAW;
p. WHEN THE VEHICLE’S BATTERY LEVELS ARE LOW, IT IS OTHERWISE REASONABLE TO EXPECT YOU TO KNOW THAT FURTHUR OPERATION WOULD DAMAGE THE VEHICLE;
q. OPERATE THE VEHICLE AFTER AN ACCIDENT WITH THE VEHICLE UNLESS AND UNTIL YOU SUMMON THE POLICE TO THE ACCIDENT SCENE;
r. TRANSPORT AN ANIMAL (OTHER THAN AN SERVICE ANIMAL);
s. DRIVE IN OR THROUGH ANY STRUCTURE OR UNDERPASS WHERE THERE IS INSUFFICIENT CLEARANCE (WIDTH OR HEIGHT);
t. OPERATE THE VEHICLE WHILE USING HAND-HELD WIRELESS COMMUNICATION DEVICE OR OTHER DEVICE THAT IS CAPABLE OR RECEIVING OR TRANSMITTING WIRELESS COMMUNICATIONS, ELECTRONIC DATA, MAIL OR TEXT MESSAGES WHILE NOT IN A HANDS-FREE MODE;
u. NO SMOKE OR VAPE ANY SUBSTANCE IN THE VEHICLE.
THE FOLLOWING ARE ALSO PROHIBITED USES: FAILURE TO NOTIFY TRY-A-TESLA AND THE POLICE OF AN ACCIDENT, THEFT, OR VANDALISM INVOLVING THE VEHICLE; PROVIDING FALSE, MISLEADING OR FRAUDULENT INFORMATION TO US OR WITHHOLDING INFORMATION THAT WOULD HAVE CAUSED US NOT TO RENT THE VEHICLE.
PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT, AUTOMATICLLY TERMINATES YOUR RENTAL, AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE EXTEND PERMITTED BY THE LAW)

ANY USE OF THE CAR IN A MANNER PROHIBITED ABOVE

i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE ACCEPTED LDW;

ii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID PERSONAL ACCIDENT INSURANCE (“PAI”) AND PERSONAL EFFECTS COVERAGE (“PEC”), LIABILITY INSURANCE SUPPLEMENT (“LIS”) COVERAGE, EMERGENCY SICKNESS PROTECTION (“ESP”) AND ANY LIABILITY PROTECTION PROVIDED BY TRY-A-TESLA UNDER THIS AGREEMENT; AND

iii. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO TRY-A-TESLA CAUSED BY THE BREACH, TOGETHER WITH TRY-A-TESLA’S RELATED COSTS AND ATTORNEYS’ FEES.

PAYMENT OF CHARGES

YOU AND ANY PERSON, CORPORATION OR OTHER ENTITY TO WHOM, WITH TRY-A-TESLA’S CONSENT, YOU EXPRESSLY DIRECT THE CHARGES IN ANY WAY INCURRED UNDER THIS AGREEMENT (“CHARGES”) TO BE BILLED, ARE JOINTLY AND SEVERALLY RESPONSIBLE FOR PAYMENT OF ALL CHARGES. IF YOU DIRECT CHARGES TO BE BILLED TO ANY PERSON, CORPORATION OR OTHER ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO DO SO. YOU PERMIT US TO RESERVE AGAINST YOUR PAYMENT CARD (“RESERVE”) OR TAKE A CASH DEPOSIT (“DEPOSIT”) WE MAY USE THE RESERVE OR DEPOSIT TO PAY ALL CHARGES, AND MAY USE THE RESERVE OR DEPOSIT TO PAY FOR DAMAGE TO THE VEHICLE FOR WHICH YOU MAY BE RESPONSIBLE FOR. WE WILL AUTHORIZE THE RELEASE OF ANY EXCESS RESERVE OR REFUND ANY EXCESS DEPOSIT AFTER THE COMPLETION OF YOUR RENTAL. YOUR PAYMENT CARD ISSUER’S RULE WILL APPLY TO YOUR ACCOUNT BEING CREDITED FOR THE EXCESS AND IT MAY NOT BE IMMEDIATELY RELEASED BY YOUR CARD ISSUER. CHARGES NOT PAID ON TIME AS REQUIRED BY THIS AGREEMENT MAY BE SUBJECT TO A LATE PAYMENT FEE. YOU MAY ALSO BE CHARGED A FEE FOR ANY CHECK (OR CHEQUE) USED FOR PAYMENT OF CHARGES THAT IS RETURNED TO TRY-A-TESLA UNPAID OR FOR ANY CREDIT, CHARGE, DEBIT OR STORED VALUE/PREPAID/GIFT CARD CHARGES WHICH ARE NOT HONORED BY THE CARD ISSUER.
You will pay us at or before conclusion of this rental or on demand all Charges, including but not limit to:
(a) Time and mileage for rental period, or mileage charge based on our experience if the odometer is tampered with;
(b) Optional products and service you purchased including fees for additional drivers;
(c) Charging and recharging fee, if you return the vehicle with less charge than when rented (unless you purchase a Prepaid EV Recharging option);
(d) Government-imposed taxes, fees, and surcharges;
(e) All expenses we incur locating and recovering the vehicle if you fail to return it or if we repossess in under the terms of this agreement;
(f) all costs including pre- and post-judgment 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 past due;
(h) $50, or the maximum amount permitted by law, if you pay us with a check returned unpaid;
(i) a reasonable fee of $400 dollars to clean the Vehicle if returned substantially less clean than when rented or if the Vehicle contains evidence of smoking;
(j) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle;
(k) a reasonable fee of $200 dollars if you lose the keys or toll transponder to the Vehicle;
(l) replacement cost of lost or damaged parts and supplies used in Optional Equipment (Charging adapter for $100 dollars, Portable Charger for $500 dollars etc. ) ;
(m) a reasonable fee if a navigational system that you rented is lost, stolen or otherwise rendered unusable during the rental;
(n) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you return it after the date and time due (“Due-In Date”). If you return the Vehicle earlier or later than the Due-In Date, a different or higher rate may apply, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period.
(o) a fine of $1000 dollars if you take the vehicle outside the State of Florida.
(p) fees of towing service fee and battery degradation fee of $500 if the vehicle requires towing service due to zero battery.
(q) Parking citations and traffic violations incurred during their rental period. Plus, an admin fee of 5% of the amount of the total penalty.
(r) Idle fees of $1 dollars per minute incurred when the car is left at the super charging station after it is fully charged.

All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.

Payment for all Charges is due at the completion of the rental by a credit card; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You will be required to present a credit card, charge at the commencement of rental and agree to permit TRY-A-TESLA to bill Charges to that card. By providing a form of payment, You authorize TRY-A-TESLA to perform a check on Your credit and /or other data sources that identify risk associated with a rental of the Car by You. TRY-A-TESLA may decline to rent based on this information. Stored value/prepaid/gift cards are not, and debit cards may not be, acceptable to qualify for rental, but both types of cards may be used for payment at return. Charges not known to TRY-A-TESLA at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the first credit, charge or debit card specified in Your Enrollment which had available credit or funds at the time of rental (or against the first credit, charge or debit card specified in Your Enrollment which has sufficient available credit or funds to cover all charges at the time of billing), even if cash, another credit, charge or debit card or stored value/prepaid/gift card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift card is governed by the terms of Your agreement with the card issuer. You authorize TRY-A-TESLA to process all charges against the first credit, charge or debit card listed on Your Enrollment which has been authorized in accordance with local requirements, has available credit or funds and which is accepted at the rental location (“Authorized Payment Method”). You authorize TRY-A-TESLA to take any Charges owed by you from the Authorized Payment Method without your additional authorization. You acknowledge and agree that each Renting Company is authorized under this Section 6 to take payment for Charges incurred in accordance with this Agreement for any rental provided by the Rental Company. This authorization shall remain in place until the earlier of the expiry of your card or the end of your Enrollment. TRY-A-TESLA reserves the right to require you to provide further authorization to TRY-A-TESLA to charge the Authorized Payment Method set out in this Agreement. YOU AUTHORIZE TRY-A-TESLA TO (1) AT THE TIME OF RENTAL, RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE ISSUER OF THE FIRST CREDIT, CHARGE OR DEBIT CARD SPECIFIED IN YOUR ENROLLMENT WHICH HAS AVAILABLE CREDIT OR FUNDS, IN A REASONABLE AMOUNT THAT IS GREATER THAN THE ESTIMATED CHARGES, EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN AND (2) PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST THAT CARD (OR AGAINST THE FIRST CARD SPECIFIED IN YOUR ENROLLMENT WHICH HAS SUFFICIENT AVAILABLE CREDIT OR FUNDS TO COVER ALL CHARGES AT THE TIME OF BILLING) FOR ALL ACTUAL CHARGES (INCLUDING BUT NOT LIMITED TO CHARGES FOR DAMAGE TO THE CAR, WHERE PERMITTED BY LAW) AT OR FOLLOWING THE COMPLETION OF THE RENTAL. IF A DEBIT CARD IS SPECIFIED IN YOUR ENROLLMENT OR IS USED TO QUALIFY FOR A RENTAL, TRY-A-TESLA WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER TRY-A-TESLA RECEIVES AN AUTHORIZATION AT THE COMMENCEMENT OF THE RENTAL, IF THE AUTHORIZATION EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL. THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. TRY-A-TESLA may audit all charges. If any errors are found, you will pay the corrected charges. If payment was by credit, charge or debit card, you authorize TRY-A-TESLA to correct the charges with the card issuer. TRY-A-TESLA will notify you of any correction.

ADDITIONALLY, YOU AUTHORIZE TRY-A-TESLA TO TAKE ANY CHARGES OWED BY YOU FROM THE AUTHORIZED PAYMENT METHOD WITHOUT YOUR ADDITIONAL AUTHORIZATION. YOU ACKNOWLEDGE AND AGREE THAT EACH RENTING COMPANY IS AUTHORIZED TO TAKE PAYMENT FOR CHARGES INCURRED IN ACCORDANCE WITH THIS AGREEMENT FOR ANY RENTAL PROVIDED BY THE RENTAL COMPANY.

TRY-A-TESLA may from time-to-time issue prepaid vouchers, coupons or credits represented either by documents or by entries in TRY-A-TESLA’ records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. You must advise TRY-A-TESLA when You make the reservation of Your intended use of a Voucher. Vouchers are to be submitted at the time that the Car is returned to TRY-A-TESLA. Charges not covered by the Voucher, including Charges for optional services which You have selected in Your Enrollment, will be processed against the first credit, charge or debit card listed in Your Enrollment which has available credit or funds. TRY-A-TESLA shall have no duty to issue Vouchers Restrictions on the use of Vouchers may apply.

COMPUTATION OF CHARGES

a. TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24 HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 29 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAY CHAGRES. If the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, TRY-A-TESLA’ OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. Any changes to your agreed upon return time, date, or location may result in a change to your quoted estimated rate total and the daily or hourly rate.

b. MILEAGE/KILOMETRAGE CHARGES, including those for extra miles/kilometers, if any, are based on the per mile/kilometer rate specified on the Rental Record. The number of miles/kilometers driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles/kilometers. The per mile/kilometer rate is then multiplied by the number of miles/kilometers driven or, in the case of extra miles/kilometers, by the number of miles/kilometers in excess of the number of miles/kilometers allowed, as specified on the Rental Record. The result is the mileage/kilometrage Charges

c. A DROP-OFF/ PICK-UP CHARGE may be applied if You return the Car to any location other than the location from which it is rented.

d. LDW, PERS, PAI/ PEC , ESP and LIS CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record.
e. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Record or as otherwise required by applicable law. YOU ARE SUBJECT TO A 5% ADMIN CHARGE ON TOP OF YOUR TOTAL AMOUNT OF THE SUPERCHARING FEE DURING YOUR RENTAL.
f. TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE LIABLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, PHOTO ENFORCEMENT FEES, FINES FOR TOLL EVASION, OTHER EXPENSES AND PENALTIES (EACH A VIOLATION) ASSESSED AGAINST YOU, US, OR THE VEHICLE DURING THE RENTAL PERIOLD; IN ADDITION, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR.

IF WE ARE NOTIFIED BY CHARGING AUTHORITIES THAT WE MAY BE RESPONSIBLE FOR PAYMENT OF A TOLL OR VIOLATION, YOU AGREE THAT WE OR A PROCESSING FIRM (“PROCESSOR”) MAY, IN OUR SOLE DISCRETION AND WITHOUT PRIOR NOTICE TO YOU, PAY THE TOLL OR VIOLATION PLUS APPLICABLE TAXES ON YOUR BEHALF DIRECTLY TO THE APPROPRIATE AUTHORITY. IF WE OR A PROCESSOR ELECT TO PAY A TOLL OR VIOLATION, YOU MAY NOT BE ABLE TO CHALLENGE THE VALIDITY OF THE TOLL OR VIOLATION BEFORE THE CHARGING AUTHORITY. WE OR THE PROCESSOR WILL CHARGE YOU THE FACE VALUE OF THE TOLL OR VIOLATION AND ANY TAXES, PLUS AN ADMINISTRATIVE FEE PER TOLL AND VIOLATION. IF WE OR A PROCESSOR, IN OUR SOLE DISCRETION, ELECT TO TRANSFER LIABILITY FOR A TOLL OR VIOLATION ASSESSED AGAINST THE VEHICLE DURING THE RENTAL PERIOD TO YOU PERSONALLY, WE OR THE PROCESSOR WILL CHARGE YOU AN ADMINISTRATIVE FEE PER TOLL OR VIOLATION. YOU AUTHORIZE US TO RELEASE YOUR RENTAL AND PAYMENT CARD INFORMATION TO THE CHARGING AUTHORITIES AND THE PROCESSOR FOR PROCESSING AND BILLING PURPOSES. IF WE OR THE PROCESSOR PAY A TOLL OR VIOLATION, YOU AUTHORIZE US AND THE PROCESSOR TO CHARGE ALL PAYMENTS AND ADMINISTRATIVE FEES TO THE PAYMENT CARD YOU USED IN CONNECTION WITH THIS AGREEMENT. CERTAIN TOLL ROADS DO NOT ACCEPT CASH. TO AVOID TOLL VIOLATIONS AND ASSOCIATED FINES, FEES, AND TAXES (AND OUR ADMINISTRATIVE FEES), YOU MUST PAY ALL TOLLS WITH A PERSONAL TRANSPONDER THAT IS ACCEPTED ON THE ROAD; USE ONLY CASH LANES AND PAY CASH; PLAN A ROUTE TO AVOID TOLLS; OR CONSULT LOCAL AUTHORITIES FOR OTHER PAYMENT METHODS.

g. You authorized TRY-A-TESLA to release Your billing/rental information and charge or credit card information or billing account information and information regarding Your rental to TESLA, Inc. and Florida’s Turnpike Enterprise for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees (and for Florida’s Turnpike Enterprise services, if utilized). You agree to pay, upon billing, applicable service and other fees related to such toll occurrences or toll, parking or traffic violations and providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that TRY-A-TESLA, TESLA, Inc. and /or Florida’s Turnpike Enterprise may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking or other citations that You incur during Your rental.

h. RECOVERY EXPENSE consists of all costs of any kind incurred by TRY-A-TESLA in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.

i. COLLECTION EXPENSE consists of all costs of any kind incurred by TRY-A-TESLA in collecting Charges from You or the person to whom they are billed, including, but not limited to, all attorneys’ fees and court costs.

j. LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of TRY-A-TESLA’ mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with TRY-A-TESLA.

k. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by TRY-A-TESLA resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission.

l. CHARGES FOR ADDITIONAL SERVICES, such as TRY-A-TESLA’s toddler car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day.

m. EARLY RETURN FEE of up to $18 will be applied if You return the Car more than 24 hours before the date and time previously scheduled, and You failed to notify us more than 24 hours in advance of such change by calling TRY-A-TESLA at 001 (786)-837-5222. This Fee will be applied in addition to any change in rental rate that occurs as a result of reducing Your rental timeframe.

n. LATE RETURN FEE of up to $15 per day, up to a maximum of five (5) days/$75, will be applied if You return the Car more than 12 hours after the date and time previously scheduled, and You failed to notify TRY-A-TESLA of such change more than 24 hours prior to Your scheduled return time by calling 001 (786)-837-5222. This Fee will be applied in addition to any change in rental rate that occurs as a result of extending Your rental.

o. RETURN CHANGE FEE of $10 will be applied if You return the Car to a different location from that which was scheduled, or if you return more than 24 hours before or 12 hours after the date and time previously scheduled, and You notify us of an early return or return location change more than 24 hours in advance of an applicable return, or for an extension of Your rental, notify Us by the return date and time previously scheduled by calling 001 (786)-837-5222. This fee will be applied in addition to any increase in rate that may occur as a result of changing the drop off location or the timeframe of Your rental.

p. LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, TRY-A-TESLA will charge You $200 dollars for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest TRY-A-TESLA location. If You lock the keys/key fob in the Car and request assistance from TRY-A-TESLA, TRY-A-TESLA may charge You $5 dollars for the cost of unlocking the car for you.

q. LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If Charging kit or Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify TRY-A-TESLA, and You will be responsible for replacement, delivery, and service costs.

r. SMOKING FEE. In the event it is determined by TRY-A-TESLA personnel that You smoked in the car (based on odor, test strips, or other mechanisms) or the car smells of cigarette, marijuana, or other smoke, You will be charged a $400 fee.
ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day.

Charges will continue to accrue until the Car is returned to TRY-A-TESLA or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to TRY-A-TESLA.

EV RECHARING OPTIONS

A. FOR RENTALS IN THE UNITED STATES. Most TRY-A-TESLA rentals come with full electricity, but that is not always the case. The recharging options are:

1. IF YOU DO NOT PURCHASE CHARGING FROM TRY-A-TESLA AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH BATTERY AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay TRY-A-TESLA a charge for charging.

2. IF YOU DO NOT PURCHASE CHARGING FROM TRY-A-TESLA AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS BATTERY THAN WAS IN IT WHEN YOU RECEIVED IT, TRY-A-TESLA will charge You a Battery Charing and Service Charge at the applicable battery percentages specified on the Rental Record.

a. The percentage rate is used if You do not buy charging during the rental. To calculate this amount, TRY-A-TESLA charging the fees:
When the vehicles are returned at battery level of / The charging fee
51% – 80%, $20
21% – 50%, $30
10% – 20%, $60
2 – 8% $200
0 – 2% $500

You will be subjected to a 5% service charge.

IF YOU CHOOSE TO PURCHASE CHARGING FROM TRY-A-TESLA AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE DAILY EV RECHARGING OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL CHARGING AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR CHARGING LEFT IN THE TANK AT THE TIME OF RETURN.

OPTIONAL EQUIPMENT

We offer certain optional equipment, including child safety seats, upon request and subject to availability for your use during the rental period at an additional charge. All Optional equipment is rented as is and must be returned to us at the end of the rental period in the same condition as when rented.

INSURANCE

Handling Accidents/Incidents, You are responsible for all damage or loss you cause to others. You agree to provide automobile 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 excess to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The policy provides bodily injury liability coverage 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. The policy does not cover the injury to you. You and we reject PIP, medical payments, no fault, and uninsured and under-insured motorist coverage to the extent permitted by law. To the extend such protection is imposed by operation of law, that protection will be for the minimum limits required by law. You must:
(a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and
(b) provide us with a legible copy of any service of the process, pleading, or notice of any kind related to an accident or other incident involving the vehicle. Coverage under the policy is void if you give the vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in an investigation of a loss or file a timely and accurate incident report.

ARBITRATION PROVISION

THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND US (“US” AND “WE” FOR THE PURPOSES OF THIS ARBITRATION PROVISION MEANS THE TRY-A-TESLA CORPORATION, (“TRY-A-TESLA”), ITS PARENT AND AFFILIATE CORPORATIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND ANY VENDOR OR THIRD PARTY PROVIDING SERVICES FOR THE RENTAL TRANSACTION) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and we remain free to bring any issues to the attention of government agencies. This Arbitration Provision’s scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”). You can obtain the Rules at www.adr.org. You or we may commence an arbitration by providing a written demand for arbitration to the other (to us, The TRY-A-TESLA Corporation, 1290 NE 125TH STREET, NORTH MIAMI, FL 33161) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, we will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT INFO@TRY-A-TESLA.com OR BY MAIL TO The TRY-A-TESLA Corporation, 1290 NE 125TH STREET, NORTH MIAMI, FL 33161, Attn: Legal Department. Include Your name, address, reservation ID number or Rental Agreement number (if provided), and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified TRY-A-TESLA of Your decision to opt out of arbitration, You do not need to do so again.

RESPONSIBILITY FOR PROPERTY

You agree that TRY-A-TESLA is not responsible to you, any authorized operators or anyone else for any loss of or damage to your or their personal property caused by your or their acts or omissions, those of any third party or, to the extent permitted by law, by TRY-A-TESLA’ negligence. You and any authorized operators hereby waive any claim against TRY-A-TESLA, its agents or employees, for loss of or damage to your or anyone else’s personal property, which includes, without limitation, property left in any TRY-A-TESLA vehicle or brought on TRY-A-TESLA’ premises, caused by you or any authorized operator, by any third party or, to the extent permitted by law, by TRY-A-TESLA’ negligence whether in whole or in part. You and any authorized operators agree to indemnify and hold TRY-A-TESLA harmless from any claim against TRY-A-TESLA for loss of or damage to personal property that is connected with any rental under this agreement.

The Car may not be driven outside of Florida without first obtaining specific written permission from TRY-A-TESLA, which permission may be withheld in TRY-A-TESLA’ sole discretion. If permitted, You must first obtain through TRY-A-TESLA insurance valid in other States. TRY-A-TESLA does not provide any liability protection with this Agreement while a Car is outside of Florida.

ACCIDENTS, THEFT AND VANDALISM

You must promptly and properly report any accident, theft or vandalism involving the Car to the Renting Company and to the police in the jurisdiction in which such incident takes place. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to TRY-A-TESLA. You and any Authorized Operators must cooperate fully with TRY-A-TESLA’ investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION, PAI/PEC, LIS, AND LDW. You and any Authorized Operators authorize TRY-A-TESLA to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.

LIMITS ON LIABILITY

TRY-A-TESLA will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.

DADE COUNTY WAIVER

Unless waived, a renter in Miami-Dade County must be furnished a county-approved visitor information map. These maps are generally furnished at TRY-A-TESLA locations in Dade County. Each renter must either acknowledge receipt of the map at the commencement of each rental or waive his or her right to receive the map. By accepting these Terms, You waive Your right to receive such a map.

RECOVERY OF COSTS

Except if prohibited by applicable law or arbitration rule, in any arbitration or other legal proceeding between You and us, the prevailing party shall be entitled to receive from the other party the prevailing party’s costs and expenses incurred in such arbitration or legal proceeding, including reasonable attorneys’ fees, arbitration or court costs, and arbitrator’s fees. info@TRY-A-TESLA.com

PERSONAL INFORMATION; COMMUNICATIONS

You agree that we may disclose personally identifiable information about you to law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and for other legitimate purposes. Questions regarding privacy should be directed to the location where you rented the Vehicle. To service your account or recover amounts you owe, you agree that we or our assignee may contact you by calling or sending text messages or emails to any email address or telephone number you provide us, including wireless telephone numbers, which could result in additional charges to you. You represent that you are either the owner or primary user of the number(s) and email address you provided. Methods of contact may include pre-recorded/artificial voice messages and/or use of an automatic dialing device. You may revoke your consent to this contact or to these types of communication at any time by contacting us in writing at the address on the Rental Agreement.

PERSONAL PROPERTY

We are not responsible for loss of or damage to personal property that was left with us or carried in or on the Vehicle. If you fail to claim property left in the Vehicle for more than 30 days, we may dispose of that property in a manner we choose. To the extent permitted by law, You waive all claims all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility. The Vehicle may be equipped with an infotainment system that permits you to pair your own mobile devices, and which may download your personal contacts, communications, location or other digital data. You should wipe all personal information from the Vehicle’s systems before returning it.

MISCELLANEOUS

NO TERM OF THIS AGREEMENT CAN BE WAIVED OR MODIFIED EXCEPT BY A WRITING THAT WE HAVE SIGNED. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND US. ALL PRIOR REPRESENTATIONS AND AGREEMENTS BETWEEN YOU AND US REGARDING THIS RENTAL ARE VOID. 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. TO THE EXTENT PERMITTED BY LAW: (A) 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; AND (B) YOU RELEASE US FROM ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THIS RENTAL OR THE RESERVATION OF A VEHICLE. IF ANY PROVISION OF THIS AGREEMENT IS DEEMED VOID OR UNENFORCEABLE, THE REMAINING PROVISIONS ARE VALID AND ENFORCEABLE.