Rental Agreement Terms & Conditions:

1. Definitions. “Additional Mandatory Charges” means customer facility charges, airport concession recovery fees, road safety fees, tourism commission fees, vehicle license recovery fees, or other government-imposed taxes or fees. “Agreement” means all terms and conditions found in the Rental Agreement, the vehicle inspection form, these Terms and Conditions, any addenda and any additional documents you sign or we provide at the time of rental. “Charges” means the fees and charges incurred under this Agreement. All amounts due under this Agreement are payable in U.S. dollars. “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss. “Includes” or “Including” means “including, but not limited to,” “including, without limitation,” and similar constructions. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to its damage or loss during the Rental Period, including use for rent, display for rent or sale, opportunity to upgrade or sell, or employee transportation. “Rental Period” means the period between the time you take possession of the Vehicle and the time that the Vehicle is either returned to or recovered by and checked in by us. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents. “Vehicle License Fee,” 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 costs. “We,” “our,” or “us” means the independent rental company named elsewhere in this Agreement. “You” or “your” means the person identified as the renter 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. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement.
2. Nature of Contract; Authorized Driver. This Agreement is a contract for rental of the Vehicle, and is a transfer of possession and use of the Vehicle only. You agree that you are not our agent for any purposes, and that you may not assign your obligations or sublease the Vehicle. “Authorized Driver” means: (a) the renter; (b) additional drivers listed by us in this Agreement; and (c) any person specifically authorized to drive the Vehicle under applicable motor vehicle rental law. Each Authorized Driver must possess a valid driver’s license and be at least age 21, and you represent that you and any Authorized Drivers are each a capable and validly licensed driver. Authorized Drivers are the only persons who are permitted to operate the Vehicle.
3. Inspection; Condition and Return of Vehicle; No Warranties. You agree that you are renting the Vehicle “As Is,” and that you had an opportunity to inspect it before leaving the premises. You must return the Vehicle to our rental office or other location we specify, on the date and time noted in this Agreement (or sooner upon our demand) and in the same condition that you received it except for ordinary wear. To extend the Rental Period, you must first obtain our approval by contacting our rental office before the due-in date. If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time. Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval. By taking possession of the Vehicle, you agree to these Terms and Conditions. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented unless you purchase a prepaid fuel option. To the fullest extent permitted by law: (a) we may repossess the Vehicle at your expense without notice to you if the Vehicle is abandoned or used in violation of law or this Agreement. To the extent permitted by law; and (b) 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.
4. Responsibility for Damage or Loss. You are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision, weather, terrain conditions, acts of God, and vandalism. Your responsibility includes: (a) all damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value (which, subject to state law and policy terms and conditions, is measured by calculating the actual cash value of the Vehicle just prior to damage less the value of the Vehicle after repair); (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of 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; (c) an administrative fee, calculated based on the damage repair estimate; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them; failure to do so violates this Agreement and automatically terminates your rental (and may void all liability and other insurance coverage to the extent permitted by law).
5. Collision Damage Waiver (“CDW”); Prohibited Uses. If we offer, and you purchase CDW, we will waive our right to hold you financially responsible for damage to or loss of the Vehicle. CDW is not insurance, is optional, and may duplicate coverage under your insurance policy or credit card. CDW does not apply, and we will not waive our right to hold you financially responsible if: (a) you gave us information which is false concerning the rental transaction with intent to defraud us; (b) the speedometer or odometer is tampered with or disconnected; or (c) damage or loss is caused by: (i) willful and wanton conduct or misconduct; (ii) intoxication by alcohol or use of controlled substances as defined in section 42-4-1301, C.R.S.; (iii) participation in a speed contest; (iv) carrying persons or property for hire, or pushing or towing anything; (v) use of the Vehicle while committing a misdemeanor or felony or other criminal act; (vi) use of the Vehicle by an unauthorized driver, which includes any person not specifically authorized by the rental agreement; or (vii) use of the Vehicle outside the continental United States, unless specifically authorized by the rental agreement. Smoking or vaping in the Car and the uses described in Paragraphs 5(a) thru 5(c) are “Prohibited Uses” of the Vehicle. PROHIBITED USES VIOLATE THIS AGREEMENT.
6. Optional Equipment. We may offer at an additional charge optional equipment (“Optional Equipment”), including ski racks, bike racks, cargo boxes, navigational systems and child safety seats. Optional Equipment is rented AS IS and must be returned at the end of the Rental Period in the same condition as rented. You must inspect and install Optional Equipment and follow manufacturer instructions..
7. Insurance; Handling Accidents/Incidents; Indemnification. You are responsible for all damage or loss you cause to others. You agree to maintain automobile insurance during the term of this Agreement that provides to the owner, to us, and to you, 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; and (c) Uninsured/underinsured (“UM”/”UIM”) coverage where required. Your insurance coverage will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because you are providing auto insurance, we are not. In states where the law requires us to provide insurance, your insurance will be primary. Any insurance we are required to provide (the “Policy”) applies only to claims of accidental BI and PD resulting from the use of the auto, and is excess to any other valid and collectible insurance (whether primary, secondary, excess or contingent) up to the minimum limits required by law. The Policy does not cover injury to you. You and we reject PIP, medical payments, no-fault and UM/UIM coverage to the fullest extent permitted by law. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by law. You must: 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 provide us with a legible copy of any service of process, pleading, or notice related to an accident or other incident involving the Vehicle. Coverage under the Policy may be void if you give the Vehicle to an unauthorized driver, otherwise materially breach this Agreement; or fail to cooperate in a loss investigation or to file a timely and accurate incident report. To the fullest extent permitted by law, you agree to defend us, indemnify us and hold us 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. 8. Payment; Charges. You permit us to reserve against your payment card a reasonable amount in addition to the estimated total Charges and to use the reserve to pay all Charges. We will authorize release of any excess reserve at conclusion of the rental. Your payment card issuer’s rules apply to crediting your account for an excess, and it may not be immediately released. You agree to pay us at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the Rental Period, or a mileage charge based on our experience if the odometer is tampered with; (b) optional products and services you purchased; (c) fuel and a refueling fee, if you return the Vehicle with less fuel than when rented (unless you purchase a prepaid fuel option); (d) Additional Mandatory Charges; (e) all expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it 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) If any action at law or in equity is necessary to enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to attorneys’ fees, and 30% cost of collection for any outstanding amounts owed or damage; (h) late payment fee up to the maximum amount allowed by law on all amounts past due; (i) a reasonable fee to clean the Vehicle if it is returned with evidence of smoking, vaping, or animals or otherwise substantially less clean than when received by you; (j) towing, storage charges, impound, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (k) a reasonable fee if you lose the keys or toll transponder to the Vehicle; (l) replacement cost of lost or damaged Optional Equipment; (m) roadside assistance services; and (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. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer.
9. Liability for Tolls, Traffic Violations, and Other Charges. You are liable for all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. 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 of $3.99 per Toll and $50.00 per Violation. If we or a Processor 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 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, 10. Personal Information. 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 rental location.
11.Telematics. The Vehicle may be equipped with a telematics system, global positioning satellite technology, and/or an event data recorder (collectively “Telematics System”). Your use of the Vehicle may be remotely monitored by us or on our behalf through a Telematics System to the extent permitted by law. Remote monitoring may include collection of Vehicle data, such as location, odometer, oil life, fuel level, tire pressure, battery charge, diagnostic trouble codes, and other
elements we may deem necessary or desirable (and as permitted by law). These systems may use cellular telephone, wireless technology, or radio signals to transmit data, and you should have no expectation of privacy related to the use of the Vehicle. You must inform all Vehicle drivers and passengers of the terms of this paragraph. We are not responsible for the operability of any Telematics System included with the Vehicle. If your Vehicle has active Telematics System equipment, you understand that your use of the Vehicle is subject to the third-party Telematics System operator’s terms and conditions, which may include system and service limitations, warranty exclusions, limitations of liability, and privacy practices relating to the collection, use, and sharing of information about you and the Vehicle.
12. Emails and Texts. By entering this Agreement, you consent to us and/or our representatives contacting you at the phone number(s) or email(s) you provided in connection with this Agreement for informational or transactional purposes, including customer surveys or billing inquiries, via live, pre-recorded, or autodialed calls or texts. Your consent to receiving these emails, calls or texts is not a condition of this Agreement or any other agreement with us.
13. Personal Property. We are not responsible for loss or damage to personal property left with us or in or on the Vehicle. We may dispose of unclaimed property left in the Vehicle for more than 30 days in a manner we choose. To the extent permitted by law, you waive all claims against us, our agents and employees for loss or damage to the personal property of you or another person left or carried in or on the Vehicle or in any service vehicle or in our offices. The Vehicle may be equipped with an infotainment system that permits you to connect your personal device, which may automatically load your address book, store your telephone calls, and other information from your device. Follow the steps displayed on the Vehicle screen to delete this information and the device from the Vehicle’s memory. We cannot guarantee that other persons will not have access to this information after you return the Vehicle.
14. Miscellaneous. No term of this Agreement can be waived or modified except by a writing signed by us. This Agreement is the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. Our acceptance of payment or waiver of a breach of this Agreement is not a waiver of an additional breach or your obligations under this Agreement. To the extent permitted by law, you: (a) release us from any liability for consequential, special or punitive damages in connection with this rental or reservation; and (b) waive all recourse against us for any criminal reports or prosecutions that we make against you that arise out of your breach of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.
15. Cancelation policy.  Mile High Car Rental has a two week cancelation policy. You are welcome to cancel up to two weeks before your arrival date penalty free. After two weeks, the payment becomes a voucher for future dates. We are very specific to hold to reserve our vehicles for our customers. We do not over book. Your vehicle will be waiting, and we are looking forward to your arrival.  If you need to cancel, please let us know as soon as possible. Last minute cancellations really effect us.