1. Definitions. “Agreement” means the Terms and Conditions in these Terms and Conditions and the provisions found on the Face Page provided to you on the day of your rental (the “Face Page”). “You” or “your” means the person identified as the renter in this Agreement, any person signing this Agreement, any Authorized Driver, or any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our”, “Kodiak Car Rentals” or “us” means Kodiak Car Rentals, LLC. “Additional Driver” means a person we list on the Face Page of this Agreement. “Authorized Driver” means the renter, any Additional Driver, or any other individual but only where required by applicable state law. An “Unauthorized Driver” means anyone who is not the renter, any Additional Driver, nor any other individual as required by applicable state law. Each Authorized Driver must have a valid driver’s license for the duration of the rental period or their reservation period, whichever period is longer, and, be at least age 21. Authorized Drivers are the only persons permitted to drive the Vehicle. To the extent permitted by law, we may charge an additional fee for each Authorized Driver (other than the renter). “Vehicle” means the motor vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents, but “Vehicle” does not include portable navigation devices or other optional equipment (“Optional Equipment”) that you rent from us. “LDW” means Loss Damage Waiver, RCP means Rental Collision Protection. “Loss of Use” means the loss of our ability to use the Vehicle for any purpose (including, but not limited to non-rental uses such as general display of the Vehicle, display of the Vehicle for sale, non-revenue transportation by employees) due to damage to or loss of the Vehicle during your rental. “Diminished Value” means the difference between the value of the Vehicle immediately prior to damage or loss, and the value of the Vehicle after repair or replacement. “Vehicle License Fee” means our estimate of the average per day per vehicle portion of charges imposed by governmental authorities on us, including our total annual vehicle licensing, titling, plating, inspection, and registration costs, or to recover other similar charges as permitted by applicable law.
2. Rental, Indemnity, and No Warranties. This is a contract for rental of the Vehicle. The price you are provided on your Face Page is only for the specific rental period on the Face Page. If you return your Vehicle early or late your price is subject to change. To the extent permitted by law, we may terminate this Agreement and repossess the Vehicle at your expense without notice to you, if you breach this Agreement or if the Vehicle is abandoned or used in violation of law or this Agreement. To the extent permitted by law, 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 (b) We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree not to alter the Vehicle or any Optional Equipment. If you or an Authorized Driver determine the Vehicle or any Optional Equipment is unsafe, you or the Authorized Driver shall stop operating the vehicle or Optional Equipment and notify us immediately.
4. Condition and Return of Vehicle. You must return the Vehicle to our rental office or other location we identify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. You remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it upon return. If the Vehicle is returned to any other office or location or left somewhere other than the office or location identified by us, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it. In addition, you authorize us to charge your credit or debit card a one-way charge or service fee plus any additional costs incurred by us in the return of the Vehicle. If the Vehicle is returned after closing hours, you remain responsible for the safety of and damage to or loss of the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior written approval. You must check and maintain all fluid levels, check that the Vehicle is in a roadworthy condition, lock the Vehicle at all times when you are not operating it, and return the Vehicle with at least the same amount of fuel as when rented, unless we offer and you purchase a pre-paid fuel service. No refund or credit shall be issued if you return the Vehicle with a greater amount of fuel than when you received it.
5. Responsibility for Damage or Loss; Reporting to Police; Responsibility for Fees; Responsibility for Optional Equipment. You are responsible for all damage to, and for loss or theft of, the Vehicle including damage caused by collision, weather, road conditions and acts of nature, even if you are not at fault. It is your responsibility to inspect the Vehicle for damage before leaving our facility. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use (without regard to fleet utilization), Diminished Value, and our administrative expenses incurred processing a claim. You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them. You are responsible for paying the charging authorities directly all parking citations, toll fees, fines for toll evasion, and other fees, fines and penalties assessed against you, us, or the Vehicle during this rental. If you fail to pay any of these charges and we pay any part of them, you will reimburse us for all such charges and, in addition, pay us an administrative fee of up to $40 for each such charge.
6. Loss Damage Waiver; Prohibited Use of the Vehicle; Roadside Assistance. LDW and RCP Rental Coverage Protection are not insurance, are optional, and may duplicate other coverage that you have. If you purchase LDW or RCP, we waive your responsibility for the portion of damage to or loss of the Vehicle that is stated on the Face Page up to the coverage limitation of the policy. We will not waive your responsibility, even though you purchased LDW or RCP, if you gave us false, fraudulent or misleading information prior to the rental or during the rental, and we would not have rented the Vehicle to you or extended the rental period, if we were given true information; or if you fail to notify us and the police of an accident, theft or vandalism involving the Vehicle, or if damage to or loss of the Vehicle is the result of a prohibited use, including damage or loss that: (a) is caused by anyone who is not an Authorized Driver; (b) is caused by anyone under the influence of a drug or alcohol; (c) occurs while the Vehicle is used during the commission of a felony or other crime, other than a minor traffic violation; (d) occurs while carrying persons or property for hire, while pushing or towing anything, during any race, speed test or contest, or while teaching anyone to drive; (e) results from carrying dangerous, hazardous, or illegal material; (f) results from use of the Vehicle outside the geographic area specified on the Face Page, (g) is caused by driving on unpaved roads; (h) occurs while transporting more persons than the Vehicle has seat belts, while carrying persons outside the passenger compartment, or while transporting children without approved child safety seats as required by law; (i) occurs when the odometer has been tampered with or disconnected; (j) occurs 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; (k) is caused by carrying anything on the roof, trunk or hood of the Vehicle, or by inadequately secured cargo inside the Vehicle, or by an animal transported in the Vehicle; (l) occurs when the Vehicle is unlocked, or the keys or key fob are lost, stolen or left in the Vehicle when not operating it; (m) is caused, where applicable, by anyone who lacks experience operating a manual transmission; (n) results from failure to allow sufficient height or width clearance; (o) results from your willful, wanton or reckless act or misconduct; (p) results from fueling with a type of fuel improper for the specific Vehicle; or (q) results from driving or operating the Vehicle while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in a hands-free mode. In the event of a loss due to theft of the Vehicle, we will not waive your responsibility for the loss unless you return to us all the Vehicle keys or ignition devices we gave you at the time of rental.
a. Lost or Damaged Keys or Key Fobs. Even if you purchase LDW or RCP and do not violate the terms detailed in paragraph 6 above, you will be responsible for the following: a) a service fee for replacing the keys or key fob and delivering replacement keys or key fobs or towing the Vehicle to the nearest Kodiak Car Rentals location if you lose the keys or key fob to the Vehicle; and b)a service fee for delivering replacement keys or key fob or towing the Vehicle to the nearest Kodiak Car Rentals location if you lock the keys or key fob in the Vehicle and request assistance from Kodiak Car Rentals, flat tire service, and jumpstarts.
Failure to return keys. Failure to return keys to Kodiak Car Rentals upon return of the vehicle rental will result in the rental staying on rent and You will be charged the daily rate of the rental and may incur a late return fee until keys are received by Kodiak Car Rentals.
b. Roadside Assistance Protection. Roadside assistance is available to all renters. We offer two Roadside Assistance options; Town Roadside Assistance & Complete Roadside Assistance. If you purchase the optional Roadside Assistance Protection, we will provide you with 24/7 breakdown assistance (where available) from Ft. Abercrombie State Park to the Kodiak State Fair Grounds for no additional charge up to a $500 limit (Town Roadside Assistance) $750 (Complete Roadside Assistance). Roadside assistance beyond these points will incur an additional deductible of $ per mile. Roadside Assistance Protection does not include replacement of lost keys or key fobs. Coverage does extend to towing, flat tire service, jumpstart, and key lockout services. Cost of a replacement tire is not covered by Roadside Assistance Protection. If you do not purchase Roadside Assistance Protection, you may incur additional costs if we provide the services described above. When deciding whether to purchase Roadside Assistance Protection, you may wish to check whether you have other coverage for the services. Roadside Assistance Protection is not insurance and is optional. Roadside Assistance Protection is void if you are in breach of this agreement, including the prohibited uses in Paragraph 6.
7. Prohibited Uses. Where permitted by law, the following, in addition to the prohibitions listed above in the Loss Damage Waiver section, unless granted permission by Kodiak Car Rentals, shall be considered prohibited uses of the Vehicle (“Prohibited Uses”):
- By anyone without first obtaining Kodiak Car Rental’s written consent;
- By anyone who is not a qualified and licensed driver;
- To carry persons or property for hire, livery, On-Demand service, or Transportation Network Company (Uber, Lyft, etc.);
- To propel or tow any vehicle, trailer or other object;
- In any race, test or contest;
- For any illegal purpose or in the commission of a crime;
- To instruct an unlicensed person in operation of vehicle;
- If the vehicle is obtained from Kodiak Car Rentals by fraud or misrepresentation;
- To carry persons other than in the passenger compartment of the Vehicle;
- Loading the vehicle beyond its rated capacity;
- While under the influence of alcohol or other intoxicants such as drugs or narcotics or under any other physical or mental impairment which adversely affects the driver’s ability to operate the Vehicle;
- Intentionally causing damage to or loss of the Vehicle;
- On other than a paved road or graded private road or driveway;
- In an unsafe, reckless, grossly negligent, or wanton manner. Violating a traffic law or receiving a ticket in an accident is not automatically a violation of this provision, but may be an indication that a violation of this provision has occurred;
- Younger than the minimum age set forth in this agreement; and
- Driving the Vehicle outside of the Geographic area provided in the Rental Information on KodiakCarRentals.com and on your Face Page. Prohibited use of the Vehicle violates this agreement, voids all liability and other insurance coverage (where permitted by law), makes Vehicle subject to immediate recovery by Kodiak Car Rentals, and makes you responsible for all loss of or damage to or connected with the Vehicle, regardless of the cause, including but not limited to Kodiak Car Rental’s expenses, including loss of use.
8. Insurance. Unless you have purchased Supplemental Liability Insurance from us, YOU AGREE TO MAINTAIN AUTOMOBILE INSURANCE during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage: a) Bodily injury (“BI”) and property damage (“PD”) liability coverage; b) Personal injury protection (“PIP”), no-fault, or similar coverage where required;
c) Uninsured/underinsured (“UM”/”UIM”) coverage where required, and d) Comprehensive and collision damage coverage extending to the rental vehicle. Customer’s insurance will provide at least the minimum limits of coverage required by the financial responsibility (“FR”) laws of the state where the loss occurs. Because the customer is providing automobile insurance, we are not. The customer’s insurance will be primary. Any insurance we are required to provide applies to claims of BI and PD only. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Customer agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States. Where permitted by law, You reject UM, UIM, supplemental, PIP, and no-fault coverages. Where we are required to provide any such coverage, You are afforded the minimum limits required by law. Any breach of this rental agreement will void any insurance coverage. You understand that you are not an additional insured under Kodiak Car Rental’s insurance for collision, upset and comprehensive damage to the Vehicle.
9. Charges and Costs. You will pay us at or before the conclusion of this rental, or on demand, all charges due us under this Agreement, including the charges and fees shown on the Face Page and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) any taxes, surcharges or other government-imposed fees that apply to the transaction; (c) all expenses we incur locating and recovering the Vehicle if you fail to return it, return it to a location or office other than the location or office identified by us, or if we elect to repossess the Vehicle under the terms of this Agreement; (d) all costs including pre- and postjudgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a reasonable fee not to exceed $600 to clean the Vehicle if returned substantially less clean than when rented or if there is evidence of smoking or vaping in our Vehicle; and, (h) towing, impound, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental. Special rental rates, vehicle category upgrades or any equipment or services provided to you free of charge only apply to the initially agreed upon rental period: If you return the Vehicle after the Due-In Date, you may be charged the standard rates for each day (or partial day) after the Due-In Date, which may be substantially higher than the rates for the initially agreed rental period as well as up to $150 late return fee. You also may be charged the standard fees for each day (or partial day) after the Due-In date for any equipment or services provided to you without charge for the initially agreed upon rental period. You will not receive a refund of prepaid amounts if you return the Vehicle before the Due-In Date. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
If a reservation is for a period in excess of twenty-eight (28) consecutive days, such reservation shall be governed by the following. Such reservation shall consist of consecutive rentals for individual terms of no more than twenty-eight (28) days each (“Rental Period”), but consecutively lasting for a period of time equal to the reservation period (“LT Reservation Period”). Each Rental period is a separate rental, distinct from any other Rental Period during the LT Reservation Period. Subsequent rental agreements will be sent to You via email. You must review, electronically sign, and provide the Vehicle’s current mileage for each subsequent rental agreement. You acknowledge that a separate authorization equal to the rental agreement’s gross total plus the security deposit will be processed for every rental agreement in the LT Reservation Period. Further, if the authorization fails, You will be required to provide a different payment method. A Kodiak Car Rentals representative will contact You via phone call and email for three consecutive days, or until You are reached, or You contact Kodiak Car Rentals back. The first two
days, You will be informed about the failed authorization. On the third day of no response, You will be informed the vehicle must be returned at a Kodiak Car Rentals location within 24 hours. Otherwise, the Vehicle will be considered overdue and the overdue process will commence. Each rental during the LT Reservation Period will be charged the same time and mileage rate as set forth in the reservation for the initial Rental Period. You acknowledge that at any time You agree to a revised agreement, such revised agreement will govern each remaining Rental Period.
a. Change of Return Location: You agree if you return your Vehicle to a permissible location other than the return address listed on your Face Page, without previously informing us of your intentions to do so, you will be charged a change of location fee of $50.00, in addition to any applicable one-way charges.
b. Early Return: You agree if you return your Vehicle earlier than the Due In time listed at the top of your Face Page, without previously informing us of your intentions to do so, and it causes the amount of rental days listed on this Face Page to be reduced by one rental day or more, no refunds will be provided unless You have purchased a Refundable Rate.
c. Late Return Fee: You agree if you return your Vehicle one hour or more later than the Due In time listed at the top of this Face Page, without previously informing us of your intentions to do so, you may be charged a late return fee of $150.00, in addition to any applicable changes to the daily Rental Day charges and the amount of days charged, if your late return leads to you being in possession of the vehicle for an additional rental day(s). If you do not contact us to extend your rental, nothing herein gives you permission to retain possession of your rental vehicle beyond the date and time stated on your Rental Agreement. If you retain possession of the vehicle without contacting us, we will follow our standard overdue process.
10. Deposit. You permit us to reserve against your credit or debit card at the beginning of the rental an amount up to three times the estimated total charges as a deposit, in no event less than $200, or the amount listed on the Face Page. For Vehicles in the executive or luxury categories you authorize us to reserve up to $5,000 against your credit card. We may use your deposit to pay any amounts owed to us under this Agreement. The deposit amount does not limit in any way the total amount owed to use under this Agreement. We will authorize the release of any excess Reserve upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately available.
11. Your Property. You release us, our agents and employees from all claims for loss of or damage to your personal property, including digital data or information from any mobile device that you link to any telematics device or system in the Vehicle, 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. 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. If you pair your device during the rental, you should unpair it and wipe all personal information from the Vehicle’s systems before returning it.
12. Breach of Agreement. The acts listed in Paragraph 6 and 7 are prohibited uses of the Vehicle and breaches of this Agreement.
You will breach this agreement if you allow any person other than the Renter or an Authorized Driver to operate the Vehicle. If an Unauthorized Driver damages the Vehicle or injures others, we will hold you responsible for the damage. You waive all recourse against us for any criminal reports or prosecutions taken against you by law enforcement arising out of your breach of this Agreement.
13. Modifications. No term of this Agreement can be waived or modified except by a writing signed by one of our expressly authorized representatives. Kodiak Car Rentals counter representatives are not authorized to waive or change any term of this Agreement. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment from us by the Due-In Date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
14. Severability. If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
15.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. To the extent permitted by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle.
16. Arbitration Agreement and Class Action Waiver. You and Kodiak Car Rentals each waive their right to a jury trial or to participate in a class action pursuant to the following terms. You and Kodiak Car Rentals agree to arbitrate any and all claims, controversies or disputes of any kind (“claims”) against each other, including but not limited to claims arising out of or relating to this agreement, or our products and services, charges, advertisings, or rental vehicles including without limitation claims based on contract, tort (including intentional torts), fraud, agency, negligence, statutory or regulatory provisions or any other source of law. The arbitrator, and not any federal, state or local court or agency, shall have authority to resolve any and all disputes relating to the interpretation, applicability, enforceability or formation of this agreement, including but not limited to any claim that all or any part of this agreement is void or voidable. You and Kodiak Car Rentals agree that no claims will be asserted in any representative capacity on a class-wide or collective basis, that no arbitration forum will have jurisdiction to decide any claims on a class-wide or collective basis, and that no rules for class-wide or collective arbitration will apply. The parties agree, however, that either party may bring an individual action in a small claims court with valid jurisdiction provided that the action is not made part of a class action, private attorney general action or other representative or collective action. The parties also agree that claims involving a third party insurance company separately providing coverage to you, personal injury claims, or claims relating to the application of your financial responsibility relating to the use or operation of Vehicle, may be brought in a court with valid jurisdiction.
17. Dispute Resolution Procedure. Before asserting a claim in any proceeding, you and Kodiak Car Rentals agree that either party shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against Kodiak Car Rentals, you must send the written notice of the claim by certified mail to Attention: Kodiak Car Rentals, LLC., 1427 Airport Way, Kodiak, AK 99615 If Kodiak Car Rentals is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. No demand for arbitration may be made after the date when the institution of legal or equitable proceedings based on such claim or dispute would be barred by the applicable statute of limitation. No settlement demand or settlement offer used prior to any legal proceeding may be used in any proceeding including as evidence or as an admission of any liability or damages (or lack thereof) and shall remain confidential between you and Kodiak Car Rentals. If you and Kodiak Car Rentals do not resolve the claim within thirty (30) days after the above described notice is received, either party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Commercial Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement, however, a single arbitrator will be selected according to AAA’s Consumer Arbitration Rules. The AAA rules can be found at www.adr.org. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator has no authority to join or consolidate claims, or adjudicate joined and consolidated claims. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the Federal Arbitration Act. If you are an individual, in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, Kodiak Car Rentals will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. You are responsible for all other costs/fees that you incur in arbitration (e.g. fees for attorneys, expert witnesses, etc.). If any portion of this “Dispute Resolution Procedure” section or the “Arbitration Agreement and Class Action Waiver” section are deemed to be invalid or unenforceable or is found not to apply to a claim, the remainder of this “Dispute Resolution Procedure” section and the “Arbitration Agreement and Class Action Waiver” section remain in full force and effect. However, if the “Arbitration Agreement and Class Action Waiver” section is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
18. Personal Information. The information that you provide to us is stored and used to the fullest extent permitted by law. You agree that we may, and authorize us to, provide personal information in our possession about you and other Authorized Drivers (including driver’s name, address, cellular/mobile and other phone numbers, driver’s license and/or credit/debit card information) to applicable authorities or other third parties in connection with our enforcement of our rights under this Agreement and for other legitimate business purposes, including disclosure to our affiliates or other third parties that conduct services on our behalf. You also consent to us or our representatives contacting you. Questions regarding privacy should be directed to: Kodiak Car Rentals, LLC, 1427 Airport Way, Kodiak, Alaska 99615.