Rental Terms and Conditions
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THESE TERMS AND CONDITIONS CONTAIN A BINDIN
G ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ THIS PROVISION CAREFULLY.
1. The Rental Agreement. These Rental Terms and Conditions, the rental document you receive when you are given access to the car you are renting (the “Rental Contract”) any additional agreement signed by you, any documents or agreements (or links to on-line documents or agreements) sent to you electronically in connection with your rental), the Privacy Notice, and the return receipt or record (the “Rental Receipt”) with computed rental charges together constitute the “Rental Agreement” between yourself and Town Car Rental LTD.
2. Your Rental. You rent from Town Car Rental the car described on the Rental Contract, which rental is solely a transfer of possession and not of ownership. You agree to the terms in the Rental Agreement provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to Town Car Rental. You also agree that you are not our agent for any purpose; and that you cannot assign, delegate or transfer your obligations under the Rental Agreement and any discrete part thereof.
As the renter or signatory of this Agreement, you certify that you hold a valid driver’s license for the appropriate class authorizing you to drive the car or cars described in the contract and you undertake to ensure that any person called upon to drive the said car or cars also holds a valid driver’s license for the appropriate class pursuant to local law. Adiitionally any cancellations made will be liable for a 20% cancellation fee, of the total amount of the reserved trip.
3. Changes. Any change in the Rental Agreement or our rights must be in writing and signed by an authorized Town Car Rental officer. You further agree that we have the unilateral right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the Town Car Rental website. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the Town Car Rental website, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to these Terms and Conditions will be posted as they occur on the Town Car Rental web site at www.towncarrental.ca and will govern all rentals commencing after posting even if the terms provided at time of reserving the rental car are different.
4. Meaning of Car. The word “car” in the Rental Agreement means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by Town Car Rental with the vehicle and separately rented to you by Town Car Rental unless otherwise explicitly specified in the Rental Agreement.
5. Who May Drive The Car. You represent to Town Car Rental that you are a capable and validly licensed driver and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. Any Permitted Driver must be at least 25 years old and must also be a capable and validly licensed driver at all times during which such person is operating the car. Any person other than you or a Permitted Driver that operates the car must sign an additional driver form at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Rental Contract. You acknowledge that you will remain financially responsible under the Rental Agreement at all times even if the car is operated by a Permitted Driver or someone other than yourself.
6. Return of the Car. You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Rental Contract. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee. If you wish to extend any rental you must contact us at 1-204-421-1313 or use a method we approve to request the extension before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, in our sole discretion. If you do not return the car to the location specified in the Rental Agreement, as and when required under the Rental Agreement, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
7. Rental Charges. You will pay for the number of miles/kilometers you drive and the period of time you rent the car at the rate indicated on the Rental Contract, or your applicable corporate rate. Unless otherwise indicated on the Rental Contract, the minimum charge is three days (72 hours), unless “calendar day” is indicated on the Rental Contract, plus mileage/kilometerage, or a fixed fee. We will determine the miles/kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24 hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Rental Contract, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If you fail to comply with any conditions for special rates specified on the Rental Contract our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges.
a) You will also pay a reasonable fee for cleaning the car’s interior upon return if any stains, dirt, odor, or soiling attributable to your use cannot be cleaned with our standard post-rental procedures as determined by us in our sole discretion.
b) If the key(s) or key fob(s) are not returned with the car, you may be charged additional fees.
c) We maintain a non-smoking fleet, including a prohibition on the use of e-cigarettes in the car. You will pay an additional charge if you return the car and it smells or is soiled from smoke or e-cigarette vapor.
d) You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent that you are authorized to do so on behalf of the third party.
e) If you use a car with automatic toll payment capability, see the disclosures regarding “e-Toll” in Paragraph 16 below.
f) Town Car Rental makes every effort to ensure that all prices and descriptions quoted on its website or elsewhere are correct and accurate. However, in the case of a manifest error or omission, Town Car Rental reserves the right to rescind the Rental Agreement, even if we have already accepted your reservation and/or received your payment. Our liability in that event will be limited to the return of any money that you have paid with respect to the reservation. In the case of a manifest error in which we permit you to keep your reservation, we reserve the right to require that you pay the difference between the quoted price and the correct price, as confirmed in writing by Town Car Rental after the manifest error has been discovered. A “manifest error”, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by Town Car Rental which is more than 15% less than the price that would have been quoted had the mistake not been made.
8. Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Rental Agreement, as indicated on the Rental Contract, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Rental Agreement, based on your representations about this rental, as indicated on the Rental Contract, or the deposit amount indicated on signs at the location at which you rent the car at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the car and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
9. Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: the car is found illegally parked, being used to violate the law or the terms of the Rental Agreement, or appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car’s operation. If the car is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the credit or debit card or account you used to rent the car.
10. Loss Damage Waiver (LDW). Loss Damage Waiver (LDW) is not insurance and is not mandatory. If you accept full LDW by your initials on the Rental Contract at the additional daily rate, for each full or partial day that the car is rented to you, and the car is operated in accordance with this agreement, we assume responsibility for the loss of or damage to the car except, if permitted by law, for lost, damaged or stolen keys or remote entry devices, towing or tire services unless related to an accident, or recovery of the car if stolen, (except in the state of Alaska), and except for your amount of “responsibility”, if any, specified on the Rental Contract. If you do not accept either LDW, you owe for all loss or damage to the car. Loss and damage are described in paragraph 13 below. YOU ACKNOWLEDGE YOU HAVE BEEN ADVISED THAT YOUR OWN INSURANCE MAY COVER LOSS OR DAMAGE TO THE CAR. YOU ALSO ACKNOWLEDGE READING THE NOTICE ON LOSS OR DAMAGE SHOWN ON THE RENTAL CONTRACT, OR IN THESE TERMS, OR IN A SEPARATE NOTICE FORM, INCLUDING WITHOUT LIMITATION, THE STATE SPECIFIC NOTICES SET FORTH IN PARAGRAPH 36 WITH RESPECT TO THE STATE IN WHICH YOU RENTED THE CAR AND EACH STATE WHERE YOU TAKE THE CAR.
11. Damage to/Loss of the Car. If you do not accept a Loss Damage Waiver, or if the car is lost or damaged as a direct or indirect result of a violation of paragraph 14, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the greater of the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sales proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on LDW that are different than the terms of the Rental Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt. Town Car Rental LTD. reserves the right to not open a claim on their rented vehicle, if the quote for repair is less than $2000 USD. This does not apply if the driver of the rental vehicle was not at fault. Rental Insurance: We offer 4 insurance options.1. Loss Damage Waiver 1, in this your deductible will be $500 from $750 per claim nothing else will be covered (Down time and Pothole damage not covered, ranges from $39.00/Day to $200/Day). 2. Loss Damage Waiver 2, in this your deductible will be $300 from $750 per claim nothing else will be covered (Down time and Pothole damage not covered, ranges from $39.00/Day to $200/Day). 3. Loss Damage Waiver 3, in this your deductible will be $0 from $750 per claim nothing else will be covered (Down time and Pothole damage not covered. ranges from $39.00/Day to $200/Day). 4. Loss Damage Waiver 4, your deductible will be $0, it will cover, Stone chips, Door dings, Glass claims, Minor scratches and Vandalism Claims along with Down time and pothole damage covered.
Loss Damage Waiver. In Canada, if you accept LDW, there may nevertheless be a non-waivable amount for which you will be responsible in the event of loss or damage to the car, which amount will be specified on the Rental Contract at the time of rental. Currently this amount is a maximum of CA $500.
Liability Protection: Anyone driving the car who is permitted to drive it by the Rental Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-Permitted Driver, the same limits apply. Except where required by law to be primary, any protection provided by us shall be secondary to any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. Such protection will be provided by us according to the terms and subject to all of the conditions of a standard automobile liability insurance policy, issued in the jurisdiction in which the accident occurs, including all requirements as to notice and cooperation on your part, which are hereby made a part of this Agreement. You agree that we can provide this protection under a certificate of self-insurance or an insurance policy or both as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand and agree that unless required by applicable law we will not provide:
1. coverage for fines, penalties, punitive or exemplary damages;
2. coverage for bodily injury to you, or your death, while not a driver, or any member of your family or the driver’s family;
3. defense against any claim after applicable limits or coverage that you furnish have been tendered;
4. supplementary no fault, non-compulsory uninsured or undersigned motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages where and to the extent permitted by law. Where any of these coverages are required or implied by law, the limits shall be the minimum required under the applicable statute.
12. Prohibited Use of the Car. Certain uses of the car and other actions you or a driver may take, or fail to take, will violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS INSURANCE, ANY ROADSIDE ASSISTANCE PLAN, EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER (LDW). IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
A. You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in paragraph 5; 2) to carry passengers or property for hire or more passengers than the car has seat belts to carry; 3) to tow or push anything; 4) to be operated in a test, race or contest or on unpaved roads; 5) while the driver is under the influence of alcohol, any controlled substance, including without limitation, any federally controlled substance listed under the Controlled Substance Act, Title 21 of the United States Code (a “Controlled Substance”), or medications that affect vehicle operation and/or constitute driving while impaired under applicable law; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking; 7) recklessly or while overloaded; or 8) if the car is driven into Mexico without our expressed permission. B. You or an additional driver, whether authorized or not: 1) fail to promptly report to Town Car Rental any damage to or loss of the car when it occurs or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys (or key fobs) or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; or 5) intentionally or with willful disregard cause or allow damage to the car. C. You or an additional driver, whether authorized or not return the car after hours and the car is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the car, its keys, key fobs, or other remote entry and starting devices. D. Driving or operating this car 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 shall be deemed a breach of the Rental Agreement.
13. Fuel Service Charge. Most rentals come with a full tank of fuel, but that is not always the case. If you drive less than 75 kms, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the Rental Contract and at the counter prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges. If this subparagraph (a) does not apply, there are two refueling options:
1) If you return the car with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge at the applicable rate per-liter specified on the Rental Contract or disclosed at the location. The per-liter rate is used if you do not buy fuel during the rental.
2) You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase. If you put fuel into the car, you must use the correct fuel (having the grade of gasoline stated on the car fuel information decal, or on-road diesel). Do not use ethanol fuel even if the car states that it is a flex-fuel vehicle.
14. e-Toll. If you do not pay cash for tolls or the roadway does not accept cash payment, you automatically opt into our e-Toll service, pursuant to which you agree to pay us or our toll program administrator, with whom we will share your credit card/debit information, for all tolls incurred during your rental and all related fees, charges and penalties. Under the e-Toll program, once you pass through an electronic toll, you will pay a convenience fee of $3.95 for each day of the entire rental period, including any days on which e-Toll is not used, up to a maximum of $19.75 per rental month, plus incurred tolls at the maximum prevailing rates posted by the toll authority. You can avoid the convenience fee and any other charges by paying the toll in cash, using your own electronic toll device, or avoiding any cashless toll road or passage. The e-Toll charges may take 4-8 weeks after the rental concludes to be billed to your credit card/debit card on file.
15. Fines, Expenses, Costs and Administrative Fees. You’ll pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
You authorize us to release the rental and credit/debit card information regarding your rental to ATS Processing Services, LLC (ATS), Violation Management Services (VMS), or another agent we authorize to act on our behalf for the purpose of processing and billing you for any tickets, citations, fines and penalties incurred by you or assessed against us or the car during your rental plus a reasonable administrative fee not to exceed $50 per violation. You authorize as our agent ATS, VMS or another agent we appoint to bill you directly to the credit/debit card you used to rent the car. You authorize ATS, VMS or another agent we authorize to contact you directly regarding any tickets, citations, fines and penalties incurred by your or assessed against us or to our car while the car was rented to you.
In the event we use a third party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
You agree to indemnify and hold us ATS, VMS and any other agent we authorize harmless for any such tickets, citations, fines, penalties, interest and administrative fees.
16. Property in the Car. We are not responsible for loss of, theft, or damage to any property in or on the car, in any service vehicle, such as a transit van or bus, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage caused by your property.
17. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.
18. Collections. If you do not pay all amounts due to us under the Rental Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Contract, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
19. Additional Services and Products. From time to time we may offer additional services and/or products with associated terms and conditions or terms of use. If you purchase and/or use these services or products you agree to be bound by such associated terms and conditions or terms of use, which are incorporated herein by reference.
20. Use of GPS Tracking Devices. We use GPS tracking devices to track or locate cars which may be late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. You should have no expectation of privacy or confidentiality as to the places where the car is driven while rented to you.
For a copy of our Privacy Notice, please go to www.TownCarRental.ca/privacy or write to Privacy Officer at info@towncarrental.ca
21. Connected Car & Location Data.
Equipment. Certain cars contain devices that monitor the car’s condition, performance and operation, track fuel consumption, distance travelled, location and other information (the “Connected Car Data”), and may transmit such Connected Car Data to us, our third party providers and/or the car manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the car are turned off. We cannot guarantee that a car without these features will be available at your time of rental. These devices may have been installed by us, on our behalf, or by the car manufacturer. If the devices are installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personally identifiable information (“PII”), unless authorized by you, or is necessary in connection with the provision of services provided through such car manufacturer, or is required by law. We may enter into agreements with car manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third party processor with your PII, unless authorized by you, necessary in connection with the provision of services provided through such third party, or required by law.
22. Cancellation Policy If the renter cancels within a week from when their rental begins, they will be subject to a 20% cancellation fee of their entire trip. If the renter cancels within a 48 hours from when their rental begins, they will be subject to a 25% Cancellation fee and 0% Cancellation fee if cancelled before a week of their rental reservation start date.
ADDITIONAL TERMS AND CONDITIONS1. Agreement to Terms
1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and Town Car Rental LTD., located at 64 Salter St, Winnipeg, MB R2W 4J6, Canada, Winnipeg, Manitoba R2W 4J6, Canada (we, us), concerning your access to and use of the Town Car Rental (https://towncarrental.ca) website as well as any related applications (the Site).
The Site provides the following services: We are a Car Rental Company offering rental services and other added services with rentals. (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.
If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in Manitoba. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include: Our Privacy Notice https://towncarrental.ca/privacy-policy/, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
2. Acceptable Use
2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
2.2 As a user of this Site, you agree not to: Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses
Use a buying agent or purchasing agent to make purchases on the Site
Use the Site to advertise or sell goods and services
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
Attempt to impersonate another user or person, or use the username of another user
Sell or otherwise transfer your profile
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
Use the Site in a manner inconsistent with any applicable laws or regulations
Threaten users with negative feedback or offering services solely to give positive feedback to users
Misrepresent experience, skills, or information about a User
Advertise products or services not intended by us
Falsely imply a relationship with us or another company with whom you do not have a relationship
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at info@towncarrental.ca.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "Social Network Content") so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.
Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.
You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.
You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to info@towncarrental.ca or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.
4. Our content
4.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.
4.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
4.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
4.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
4.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
4.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
4.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
5. Site Management
5.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
5.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
5.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
6. Modifications to and availability of the Site
6.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
6.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
6.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
7. Disclaimer/Limitation of Liability
7.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
7.2 Our responsibility for loss or damage suffered by you:
We offer 4 insurance options.1. Loss Damage Waiver 1, in this your deductible will be $500 from $750 per claim nothing else will be covered. 2. Loss Damage Waiver 2, in this your deductible will be $300 from $750 per claim nothing else will be covered. 3. Loss Damage Waiver 3, in this your deductible will be $0 from $750 per claim nothing else will be covered. 4. Loss Damage Waiver 4, your deductible will be $0, but it will cover Stone chips, Door ding, Glass claims, Minor scratches and Vandalism Claims along with downtime.
Whether you are a consumer or a business user: We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms and Conditions, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms and Conditions, but we would not be responsible for any loss or damage that were not foreseeable at the time you started using the Site/Services.
Notwithstanding anything to the contrary contained in the Disclaimer/Limitation of Liability section, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to a total aggregate amount equal to the greater of (a) the sum of £0 or (b) the amount paid, if any, by you to us for the Services/Site during the six (6) month period prior to any cause of action arising.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Site/Services; or
use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.
You have legal rights in relation to goods that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
8. Term and Termination
8.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at info@towncarrental.ca.
8.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
8.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
9. General
9.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
9.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
9.4 We may assign any or all of our rights and obligations to others at any time.
9.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
9.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
9.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
9.8 Town Car Rental reserves the right to repossess their rental vehicles at any point of time during the renatal period. This maybe for the following reasons but are not limited to: failed payments, delayed payments, communicative unreachability.
9.9 For business users only - If you are a business user, these Terms and Conditions, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Manitoban Law. We both agree to the exclusive jurisdiction of the courts of Manitoba.
9.10 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
9.11 In the event, a rental vehicle is repossesed by Town Car Rental, or the renter (Individual who rented the vehicle and any additional drivers) leave their belongings in the rented vehicle. They are responsible for those items, including but not limited to, cash, clothes, papers, cheques, electronic devices, food etc. Town Car Rental Ltd. will discard all these vehicles within 7 Days of repossession of the rented vehicle. The applies to when a renter returns/drop-off's the rented vehicle.
9.12 The renter or the additional driver is responisble for making sure to return the vehicle with full gas. If the gas is not full, there will be an additional fee of upto $50, which will be in addition to the fuel charge.
9.13 The renter is not allowed to take the rented vehicle outside of the province (Manitoba) without informing Town Car Rental Ltd. In the event the renter takes the vehicle out of the province an additional fee of $250+ tax, will be applicable. Town Car Rental reserves the right to track their vehicles at all times.
9.14 The renter or any additional drivers are prohibited for using the rental vehicles for commerical purposes, including but not limited to: Delivery services, Courier services, skip the dishes, Uber eats, Door Dash, etc.
9.15 Town Car Rental Ltd. reserves the right to cancel any rental reservation at their own convinience.
9.16 Cancellation policy: The renter is liable to pay 20% of the total amount of the rental duration, in case they cancel their reservation within 7 days before their trip begins.
9.17 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at info@towncarrental.ca or by post to:
Town Car Rental LTD. 64 Salter St, Winnipeg, MB R2W 4J6, Canada Winnipeg, Manitoba R2W 4J6 Canada Town Car Rental LTD. and Town Autobody and Car Sales, will not be liable for any damage that happens to the rented vehicle, where the primary driver/additional driver/renter has not purchased rental vehicle insurance from MPI or Town Car Rental Ltd.