Renting a pick up truck can be an incredibly useful solution for moving, home projects, or business needs. However, before you drive off the lot, it’s crucial to understand the rental terms and conditions. This document serves as a comprehensive guide to help you navigate the fine print of a typical pick up truck rental agreement, ensuring a smooth and hassle-free experience. By understanding these terms, you can protect yourself from unexpected charges and liabilities, and confidently utilize your rented pick up truck for its intended purpose.
I. The Rental Agreement: What You Need to Know About Your Pick Up Truck Bailment
When you rent a pick up truck, you’re entering into a rental agreement. This isn’t a purchase; it’s a bailment. Think of bailment as a temporary transfer of possession, not ownership. You are essentially borrowing the pick up truck from the rental company (referred to as “we,” “us,” or “our,” like Budget Truck Rental, LLC), and they remain the legal owners.
1. Sole Agreement and No Subleasing
This rental agreement, including the Rental Document you sign, any supplemental forms, and the return record with charges, constitutes the entire agreement between you (“you” or “your,” the renter) and us. It’s essential to understand that no verbal agreements or promises outside of this document are legally binding unless they are in writing and signed by an authorized officer of the rental company.
Crucially, you cannot sublease or transfer the pick up truck to anyone else. Any attempt to do so is considered a breach of the agreement and is void. This emphasizes that the rental is specifically for you and authorized drivers only.
2. No Agency or Employment
It’s vital to recognize that neither you, nor any driver of the pick up truck, are considered an agent, servant, or employee of the rental company for any reason. You are an independent renter, responsible for your own actions and compliance with the rental terms.
3. Agreement Changes and Your Responsibilities
Any changes to the rental agreement or the rental company’s rights must be in writing and officially signed. Your copy of the agreement should always be kept in the pick up truck during the rental period. By signing the Rental Document, you are agreeing to all the terms and conditions outlined in the agreement. If any part of the agreement is deemed illegal or unenforceable by a court, only that specific part will be affected, and the rest of the agreement will remain valid.
II. Pick Up Truck Condition and the Absence of Warranties
Before accepting your pick up truck, you have the opportunity to inspect it. By taking possession, you acknowledge that the pick up truck is in good and usable condition, suitable for your rental needs, and free from any obvious defects, except for any pre-existing damage noted on a Vehicle Damage Inspection form.
1. “As Is” Rental and No Express or Implied Warranties
It’s critical to understand that pick up truck rental agreements typically come with no warranties, either express or implied. This means the rental company makes no guarantees about the pick up truck’s condition, its merchantability (quality suitable for sale), or its fitness for any particular purpose. You are renting the pick up truck “as is.”
2. Limitation of Liability for Damages
Unless explicitly required by law, the rental company will not be held liable for punitive, incidental, special, exemplary, consequential, or compensatory damages related to the rental agreement, the provision of the pick up truck, or its performance or use. This significantly limits the company’s financial responsibility beyond what is directly stated in the agreement.
III. Prohibited Uses of Your Rented Pick Up Truck: Actions That Void Your Rental
Certain actions or inactions are strictly prohibited when using your rented pick up truck. Violating these prohibitions has severe consequences:
A violation of any of these points will automatically terminate your pick up truck rental agreement and void all liability protections and optional services you may have purchased. This includes liability protection, supplemental liability insurance, damage waivers, roadside assistance, and cargo protection. Furthermore, you become liable for all penalties, fines, forfeitures, liens, recovery, and storage costs, including legal expenses, fees, and costs incurred by the rental company due to your violation.
Prohibited uses include, but are not limited to:
- a) Reckless or Illegal Use: Using the pick up truck recklessly or for any conduct that could be charged as a felony or misdemeanor. This includes transporting controlled substances or contraband.
- b) Unauthorized Towing: Using the pick up truck to push or tow anything other than authorized towing equipment provided by the rental company. This also prohibits using the rental company’s towing equipment with any vehicle not rented from them, including your own.
- c) Overloading: Operating the pick up truck or any towing equipment when overloaded beyond the manufacturer’s specified gross weight limits. This includes improper loading or securing of cargo. Always check the weight limits indicated on the pick up truck and towing equipment.
- d) Unauthorized Drivers: Allowing anyone other than you or an Authorized Additional Driver (as specified in the agreement) to drive the pick up truck.
- e) Off-Road or Illegal Activities: Using the pick up truck in races, tests, contests, or off improved roads or paved surfaces.
- f) Continuing Operation with Known Damage: Operating the pick up truck when you know, or should reasonably know, that continued use is likely to cause damage to the pick up truck or towing equipment.
- g) Vandalism or Theft Facilitation: Using the pick up truck in a way that aids in its vandalism or theft, such as leaving it unlocked or with keys unsecured.
- h) Rental Based on False Information: Obtaining the pick up truck based on false or misleading information.
- i) Driving Under the Influence: Operating the pick up truck while under the influence of alcohol or controlled substances.
- j) Transporting People or Animals in Cargo Area: Transporting any person, animal, car, or truck inside the cargo section of the pick up truck. The cargo bed is for goods only.
- k) Use in Dangerous Areas: Using the pick up truck in areas posing unusual danger, such as zones of strikes, civil unrest, natural disasters (hurricanes, floods, earthquakes, etc.) where such risks are reasonably foreseeable.
- l) Geographic Restrictions: Operating the pick up truck outside of the contiguous United States (e.g., Alaska, Canada, or Mexico are typically prohibited).
- m) Hazardous Materials: Storing, treating, transporting, or disposing of any regulated, toxic, or hazardous substances or waste. This includes corrosive, poisonous, flammable (like gasoline, propane, or oil), explosive, accelerant, or radioactive substances, and biohazards like medical waste.
- n) Improper Fueling: Improperly fueling the pick up truck, such as putting gasoline in a diesel engine or vice-versa, or improper Diesel Emission Fluid (DEF) usage. Always verify the correct fuel type for your rented pick up truck.
- o) Failure to Report Damage or Accidents: Failing to promptly report any damage to or loss of the pick up truck, or failing to cooperate with investigations, or failing to report accidents to law enforcement as required by law.
- p) Intentional Acts or Torts: Committing intentional acts or torts (civil wrongs) with the pick up truck.
- q) Unauthorized Video Recording: Video recording the rental company’s trucks, trademarks, or copyrighted material (logos, characters) without express written consent, except as legally permitted.
IV. Who is Authorized to Drive Your Rented Pick Up Truck?
You are responsible for ensuring that only authorized drivers operate the rented pick up truck.
1. Driver Qualifications and Restrictions
You must be a capable and validly licensed driver with no license suspensions, revocations, or restrictions. Only the following individuals are considered Authorized Additional Drivers:
- a) Consumer Rentals: Persons specifically named on the rental document at the start of the rental (spouses and domestic partners are not automatically included unless listed on the Rental Document and an additional charge may apply).
- b) Commercial Rentals/ No Account: Only the person listed as the Driver on the Rental Documents. Additional drivers (employees, fellow employees, employers, business partners for business purposes with explicit permission) can be added for an extra charge.
- c) Commercial Rentals/Account Holders: (Customers with established commercial accounts) Employees, fellow employees, employers, or formal business partners engaged in business purposes, with explicit permission, are authorized, provided the rental originates through the commercial account.
Crucially, all drivers, including yourself, must be at least 18 years of age, properly licensed and qualified, potentially including possessing a Commercial Driver’s License (CDL) if required for the pick up truck type or use. It is your responsibility to determine and obtain the correct licenses, signage, and documentation required to legally operate the pick up truck. Drivers with alcohol interlock driving restrictions are prohibited from renting or driving the pick up truck. An additional daily charge may apply if you or any authorized driver is under 24 years of age. Other requirements may be determined by the rental company.
V. Fuel Policy for Your Pick Up Truck Rental
Rental rates for pick up trucks do not include fuel costs.
1. Fuel Responsibility and Options
Typically, pick up trucks are provided with a full tank of fuel at the start of the rental. You are responsible for all fuel consumed during your rental period.
- Returning with a Full Tank: If the return location doesn’t sell fuel or offer refueling services, you must return the pick up truck with a full fuel tank.
- Refueling at Return Location (if available): If the return location sells fuel, you can choose to refuel there at their posted rate or at any fuel retailer of your choice before returning.
- Refueling Service Charge: If you choose not to refuel before returning and the location sells fuel, you’ll be charged a refueling service charge in addition to the actual retail fuel cost (if the location sells fuel) or a competitive per gallon rate (measured by the fuel gauge in 1/8th increments). Be aware that these competitive rates might be higher than regular retail fuel prices.
It’s recommended to contact the return location beforehand to confirm fuel availability and refueling service charges.
VI. Returning Your Rented Pick Up Truck: On Time and in Good Condition
You are obligated to return the pick up truck to the rental company in the same condition it was in when you rented it, on the specified due date and time stated in the Rental Document. You must return it sooner if the rental company demands it.
1. Return Location and Late Returns
- Designated Return Location: Return the pick up truck to the location where you rented it, unless a different return location is specified in your Rental Document. Returning to the wrong location will incur a charge, and your rental rate may change.
- Late Returns: If you return the pick up truck after the due date and time, you will be charged a late fee, and your rental rate may be adjusted. If no due date and time are specified, you must return it within three (3) days of the rental date or upon demand, whichever is earlier.
2. Condition Upon Return and Cleaning Fees
A service charge of $25.00 or more may apply if the pick up truck is not returned clean or if any accessories are missing or damaged.
3. After-Hours Returns and Responsibility
If you return a pick up truck when the location is closed, you must use the designated drop box for keys and rental agreement. You remain responsible for the pick up truck and all charges, losses, and damages until the location reopens and finds the pick up truck on their premises. If keys are not in the drop box and the pick up truck is not found on the premises, you will be in breach of the rental agreement.
VII. Repossession of the Pick Up Truck by the Rental Company
The rental company has the right to terminate the agreement and repossess the pick up truck at any time, at their sole discretion, without notice. Reasons for repossession include, but are not limited to:
- Illegal Parking or Use: Finding the pick up truck illegally parked or being used in violation of the law or the rental agreement terms.
- False Information: Discovering that the pick up truck rental was obtained using false or misleading information.
- Unauthorized Transfer: Attempting to transfer or sublease the pick up truck.
- Abandonment or Risk of Damage: If the pick up truck appears abandoned, or if the rental company is notified that it is about to be towed, impounded, damaged, or used in a way that could harm their reputation.
You are responsible for all costs and expenses associated with repossession, including fines, towing, impound fees, and reasonable attorney fees. If you fail to return the pick up truck on time or if it was obtained fraudulently, the rental company may consider it converted or stolen and take legal action to recover it without further notice.
VIII. Breach of Agreement, Handling Property, and Associated Costs
If you fail to meet your obligations under the rental agreement, in addition to damages, you will be responsible for reasonable costs, expenses, administrative fees, and attorney’s fees incurred by the rental company to enforce the agreement.
1. Lien on Personal Property
If the pick up truck is repossessed, the rental company has a lien (legal claim) on any of your property inside the pick up truck or attached equipment. This lien secures payment for all unpaid charges and expenses owed under the agreement. You grant the rental company a security interest in this property, and a copy of the agreement can be filed as a financing statement to legally protect this interest.
2. Handling and Disposal of Property
The rental company is authorized to act as your agent for unloading, inventorying, and storing any property found in the pick up truck and paying third-party vendors for these services. You will be responsible for these reasonable costs. If you fail to pay all charges or retrieve your property after payment, the rental company, acting as your agent, may dispose of or donate the property at their discretion without further notice. Similarly, any property left on the rental company’s premises or in the pick up truck and not retrieved within thirty (30) days of abandonment or recovery of the pick up truck may also be disposed of or donated without notice.
IX. Rental Charges and Collections: Understanding Your Pick Up Truck Rental Costs
You are responsible for paying all charges related to your pick up truck rental.
1. Payment of Charges
This includes rental charges, cost recovery fees, airport/concession fees, energy recovery fees, surcharges, other fees, applicable taxes, and any other monies due under the agreement. Payment must be made using a method acceptable to the rental company. Unless otherwise determined, you will pay all charges when you return the pick up truck. The rental company may apply any deposit you provided towards these charges.
If you use a credit card for payment, the rental company may reserve an estimated amount on your card at the start of the rental. They can also charge your credit card for any amounts due, including charges exceeding the initial estimate or charges determined after the pick up truck is returned. Credit card payments are subject to your cardholder agreement. If payment by check is permitted, you agree to pay a fee for any dishonored check and any related bank charges incurred by the rental company. The rental company is not obligated to resubmit a check for payment more than once.
You will be charged the full rate for each full or partial rental day or time slot as stated on the Rental Document. The rate is the minimum charge, even if you return the pick up truck early, and charges begin from the exact hour and minute the rental starts. No refunds are provided for unused days or miles. All charges are subject to final audit by the rental company, and adjustments will be made for undercharges or overcharges.
2. Late Payment Charges and Collection Costs
If you fail to pay all amounts due when they are due, including for loss or damage to the pick up truck, you agree to pay a late charge of 1 1/2% per month (or the highest rate allowed by law, whichever is less) on any past due balance. You will also be responsible for all collection costs, including administrative fees, recovery fees, court costs, and reasonable attorney’s fees. Where permitted by law, the rental company may contact you or your employer at your workplace regarding payment. You agree that the address provided on the Rental Document can be used for sending demands or collection notices.
X. Pick Up Truck Maintenance and Inspection Responsibilities
You are responsible for basic maintenance of the rented pick up truck during your rental period.
1. Routine Maintenance
This includes maintaining adequate oil and coolant levels. You are also obligated to have necessary servicing or maintenance performed as directed by the rental company. No one other than the rental company is authorized to perform any service, repairs, or parts replacements on the pick up truck unless you receive prior approval.
2. Inspection Rights and Reporting Issues
The rental company or their designee may inspect the pick up truck at any time, wherever it is located, without prior notice. You must stop using the pick up truck and contact the rental company before proceeding if a warning light illuminates or if any obvious mechanical issues arise. These issues include engine problems, flat tires, brake problems (grinding, squealing, low pedal pressure), malfunctioning lights, fluid leaks (other than A/C condensation), or low power.
XI. Fines, Expenses, and Administrative Fees: Compliance and Tolls
You are responsible for complying with all laws applicable to your use of the pick up truck, including traffic laws, weigh station requirements, and restrictions on lanes or roads.
1. Responsibility for Violations
You agree to pay for all taxes, special licenses, permits, fines, penalties, and court costs for parking, traffic, toll, and other violations, including storage liens and charges. You will also pay a reasonable administrative fee for any violation of the rental agreement, such as repossession or recovery of the pick up truck. The rental company may, at their discretion, pay tickets, citations, fines, and penalties on your behalf directly to the issuing authority, and you will reimburse them for these payments plus an administrative fee. You acknowledge that the rental company cooperates with law enforcement to provide information as requested or required.
2. Electronic Tolls (PlatePass®)
You are responsible for paying all tolls incurred during the rental period. The rental company offers an optional PlatePass® service that allows you to use electronic toll lanes. Unless you specifically opt-out, you will be automatically enrolled in PlatePass® and agree to pay the associated fees.
- Automatic Enrollment: All rental company license plates are registered with PlatePass®. If you use electronic toll lanes without paying cash or using your own device, you automatically opt-in.
- Convenience Fees and Toll Charges: If you use PlatePass®, you agree to pay a daily convenience fee (with a maximum per rental period) for each day you incur a toll, in addition to all tolls at the maximum non-discounted cash rates.
- Opting Out of PlatePass®: You can avoid PlatePass® fees by:
- Paying cash for all tolls.
- Using your own compatible electronic toll device.
- Paying the toll authority directly online or through other methods.
- Avoiding electronic toll roads.
- Toll Administrator and Billing: PlatePass® (ATS Processing Services, LLC and affiliates) will process toll payments and charge your credit/debit card for tolls and convenience fees. By using the service, you authorize the rental company and PlatePass® to share your personal and rental information and to charge your card for all e-toll fees. E-toll fees may take 4-8 weeks to be billed after the rental ends.
- Indemnification for Toll Violations: You agree to indemnify and hold the rental company and PlatePass® harmless from any fines, charges, or administrative fees for toll violations.
- Toll Violations: Toll violations can result in an administrative fee not exceeding $50 per toll issuer.
You can avoid convenience fees and toll charges by paying tolls in cash, using your own device, or avoiding cashless toll roads. You authorize the rental company to release your rental and credit/debit card information to ATS for toll processing and billing. You authorize ATS to bill your card or invoice you directly and to contact you regarding tolls, violations, tickets, and fines. You agree to pay all costs and collection fees to any third-party collection agent used.
Video-Plate-Based and Transponder-Based Tolling: The agreement describes how video tolling and transponder tolling systems operate and how you opt into PlatePass® in each case.
XII. Optional Damage Waivers: Limiting Your Financial Responsibility
Optional damage waivers, such as Physical Damage Waiver (PDW), Limited Damage Waiver (LDW), or Commercial Damage Waiver (CDW), are not insurance and are not mandatory.
1. Damage Waiver Coverage and Limitations
Except for tire damage from curbing or collisions with overhead objects, if you purchase a damage waiver (PDW, LDW, or CDW) and pay the daily fee, and operate the pick up truck according to the rental agreement, your financial responsibility for loss or damage to the pick up truck is waived or limited to the “responsibility” amount stated on the Rental Document. “Overhead” damage is defined as any damage above the driving cab height.
2. Voiding Damage Waivers
Damage waivers (CDW, LDW, PDW) are void if the pick up truck is used in any way prohibited by the rental agreement or if you violate any other material provision of the agreement. In such cases, you become fully responsible for all loss and damage to the pick up truck.
XIII. Loss and Damage to the Pick Up Truck: Your Financial Obligations
If you do not accept a damage waiver (PDW, LDW, or CDW) and pay the fee, you are fully responsible for all loss or damage to the pick up truck, regardless of fault and from any cause.
1. Scope of Responsibility
This includes damage from collision, accident, theft, vandalism, fire, flood, explosion, natural causes, or unknown causes. Your financial responsibility includes:
- Diminution in Value: Any decrease in the pick up truck’s value after repairs.
- Related Fees: Actual towing, storage, impound, and other related fees.
- Loss of Use: The rental company’s loss of use income based on reasonable downtime for repairs.
- Administrative Charges: Reasonable administrative charges for processing the claim.
You are also responsible for all mechanical damage resulting from your violation of the rental agreement, such as using the wrong fuel, overloading, or failing to maintain the pick up truck as directed. The rental company’s damage charges are based on their actual repair experience, but these charges may be higher or lower than their actual costs.
2. Total Loss or Theft
If the pick up truck is stolen or damaged beyond repair (total loss), you are responsible for paying the book value or actual cash value of the pick up truck before the loss, minus its salvage value, whichever is higher.
3. Damaged or Missing Accessories
For any missing or damaged accessories, you will pay the replacement cost plus an administrative fee.
4. Reporting Accidents, Loss, or Theft
You must immediately report any accident, loss, or theft of the pick up truck to the “800” telephone number provided in the rental agreement. You must also promptly complete a Budget Accident Report form. Failure to report within 24 hours may void any protection provided by the rental agreement and could result in claim denial.
XIV. Personal Property and Cargo Responsibility: Protecting Your Belongings
Unless you purchase optional Personal Accident and Cargo Protection (available only to non-commercial customers), the rental company has no liability for any loss or damage to your cargo or personal property in the pick up truck.
1. Assumption of Risk
You assume all risks of loss or damage to your cargo and personal property, except for damage solely due to the rental company’s intentional wrongdoing. You agree to release, indemnify, and hold the rental company harmless from any claims, damages, or losses arising from such loss or damage.
XV. Liability Protection, Supplemental Liability Insurance (SLI), and Indemnity
This section outlines liability protection provided by the rental company and optional Supplemental Liability Insurance (SLI).
1. Basic Liability Protection (Personal Use)
- Limited Protection: For personal use rentals, and if there are no prohibited use violations, the rental company provides limited liability protection for bodily injury (including death) and property damage to third parties (excluding those specifically excluded). This protection is up to the minimum financial responsibility limits required by law in the jurisdiction where the accident occurs for truck owners.
- Secondary Coverage: Where permitted by law, this liability protection is secondary to any other applicable insurance you may have (primary, excess, secondary, or contingent). The rental company’s protection only applies to the extent needed to meet the minimum financial responsibility limits after your other insurance is exhausted.
- Exclusions: This protection typically does not cover: fines, penalties, punitive damages, injuries to you or the driver or family members residing with you, defense costs after coverage limits are paid, and non-compulsory uninsured/underinsured motorist coverage or optional insurance types. You and the rental company mutually waive and reject all such non-compulsory optional insurance to the extent permitted by law.
- Violation of Use Restrictions: If there is a prohibited use violation, these limitations still apply, even if applicable law requires some level of protection. If law mandates protection beyond these terms, it will not exceed the minimum financial responsibility limits.
2. Commercial Use and Insurance Requirements
- Commercial Rentals: If the pick up truck is used for commercial purposes, you must either select one of the rental company’s liability coverages or provide a certificate of insurance as described in section XVII.
3. Basic Liability Insurance (BLI) Option
- Primary Coverage: If you add Basic Liability Insurance (BLI) to your rental agreement, the rental company’s coverage becomes primary up to $100,000 per person/$300,000 per accident for bodily injury and $25,000 for property damage. Your personal liability insurance will only be used after these limits are exhausted.
4. Supplemental Liability Insurance (SLI) Option
- Higher Limits: If you purchase Supplemental Liability Insurance (SLI), higher liability limits apply: $1,000,000 combined single limit for bodily injury, death, or property damage per accident, instead of the basic minimum limits.
- Primary Coverage and Separate Policy: SLI is primary and is provided under a separate excess liability insurance policy, detailed in a brochure available at the rental counter. It is subject to all conditions and limitations described in the brochure and section 16A, with the SLI policy terms controlling in case of conflict.
- Third-Party Claims Only: SLI protects you against claims from third parties only. You remain responsible for damage to the pick up truck unless you purchase damage waivers or your personal auto insurance covers it. Consult your insurance agent for coverage details.
5. Indemnification Agreement
You agree to release, indemnify, and hold the rental company and its insurers harmless from any expenses, damages, and liabilities arising from the pick up truck’s use or operation that:
- Exceed the liability limits of paragraphs 16A, 16B, 16C, or 16D.
- Are excluded from coverage.
- Are not otherwise covered under paragraphs 16A, 16B, 16C, or 16D.
6. Exclusions from Liability Protection
Subject to applicable law, liability protection under paragraphs 16A, 16B, 16C, or 16D does not apply if:
- The pick up truck is obtained, used, or operated in violation of prohibited use rules (paragraph 4).
- Loss or damage is to property you own, is in the pick up truck, or is in your care, custody, or control.
- Damage involves a tow dolly, car carrier, or trailer not rented from the company or not attached to the pick up truck.
XVI. Commercial Account Customer Provided Insurance
If you are a commercial account customer, you have options for liability and damage coverage.
1. Providing Your Own Insurance
- Option to Insure: Commercial account customers can choose to provide their own liability insurance instead of purchasing the rental company’s coverage and waivers.
- Required Coverage: If you choose this option, you must insure the pick up truck under a standard automobile liability insurance policy, naming Budget Truck Rental, LLC and Budget Rent A Car System, Inc. as additional insureds. This policy must cover all risks of loss or damage to persons or property arising from the pick up truck’s ownership, use, or operation, regardless of fault.
- Minimum Limits: The insurance must have a combined single limit of at least $750,000 for bodily injury and property damage per accident, or higher limits as required by the rental company.
- Certificate of Insurance: You must provide a certificate of insurance evidencing the required coverage and limits before using the pick up truck.
- SLI Not Available: Optional SLI is not available if you choose to provide your own liability insurance.
2. Indemnification Agreement (Commercial Accounts)
You agree to release, indemnify, and hold the rental company and its insurers harmless from expenses, damages, and liabilities arising from your possession, use, or operation of the pick up truck that:
- Exceed the limits of your liability insurance.
- Are excluded from coverage under your liability insurance.
- Are not otherwise covered by your liability insurance.
If state law requires the rental company to provide liability insurance despite your choice to provide your own, that protection will be limited as described in paragraph 16A. You acknowledge that your rental rate is partly based on your provision of complete insurance coverage and indemnification of the rental company.
XVII. General Indemnification and Waiver by Renter
You agree to defend, indemnify, and hold harmless the rental company, its parent and affiliates from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any way related to the rental transaction or your use of the pick up truck, including claims from third parties.
1. Final Responsibility and Waiver of Damages
While you can file claims with your insurance carrier for such events or losses, you have final responsibility to the rental company for all such losses. You waive any claim against the rental company for incidental, special, or consequential damages related to the rental.
XVIII. Towing Equipment Liability: Risks and Responsibilities
If your pick up truck rental includes towing equipment, it’s crucial to understand your responsibilities.
1. Assumption of Risk for Towing Equipment
You assume all risk in the operation, use, or possession of any towing equipment. You agree to release, indemnify, and hold harmless the rental company from any claims for bodily injury (including death) or property damage to you or others arising from your use of towing equipment, except when such injury, death, or damage is solely due to the rental company’s fault.
2. Restrictions on Towed Vehicles
Any vehicle you tow must be the one identified on the Rental Document at the originating location and must not contain passengers or cargo. You are responsible for all loss and damage to any towed vehicle.
3. Optional Auto Tow Protection
If you purchase optional Auto Tow Protection (available for non-commercial rentals), the rental company accepts limited responsibility for physical damage to a towed car, up to the amount stated on the Rental Document, as outlined in the agreement and Auto Tow Protection terms. You assume all other risks and liabilities.
4. Towing Instructions
Instructional videos and guides for tow dolly and car carrier loading/unloading are available on the rental company’s website (e.g., budgettruck.com) and in their Vehicle Towing Guide.
XIX. Optional Personal Accident and Cargo Protection (PAC)
This is optional protection available only to non-commercial customers using the pick up truck for non-commercial purposes. To activate this protection, you must choose it at the start of the rental and pay the indicated fee.
1. Independent Insurance
Personal Accident and Cargo Protection (PAC) is offered by an independent insurance company and is detailed in a brochure at the rental counter.
XX. Optional Auto Tow Protection (ATP)
This is optional protection available only to non-commercial customers using the pick up truck for non-commercial purposes. You must choose and pay for this protection at the start of the rental. The vehicle being towed must be the type identified in the Rental Agreement at the originating location.
1. Independent Insurance
Auto Tow Protection (ATP) is offered by an independent insurance company and is detailed in a brochure at the rental counter.
XXI. Optional Roadside SafetyNet™
This is optional protection available at participating locations and only to non-commercial customers for non-commercial pick up truck use.
1. Roadside Assistance Services
If you purchase Roadside SafetyNet™ and are not in violation of the rental agreement, you will not be charged for roadside service costs for:
- Flat tire assistance, tire replacement, rim replacement.
- Key replacement, lockout service.
- Jump start.
- Towing to the nearest authorized repair facility (excluding collision-related towing).
- Fuel delivery (up to $10.00 worth of fuel).
Engine damage is not covered.
2. Voiding Roadside SafetyNet™
Roadside SafetyNet™ is void if you (or any authorized driver) were in violation of the rental agreement prior to or at the time of the incident, including prohibited uses and violations. In such cases, standard charges and service fees will apply to any roadside assistance, regardless of whether the rental company terminates the agreement.
XXII. Arbitration: Resolving Disputes Out of Court
This section outlines the dispute resolution process, including mandatory arbitration for most disputes.
1. Pre-Dispute Resolution Procedure
Before starting any legal proceeding (arbitration or small claims court), you and the rental company agree to provide written notice of the claim to the other party 30 days prior and make a good faith effort to resolve the issue informally. If you have a claim against the rental company, you must send written notice to their Legal Department at the specified address. If the rental company has a claim against you, they will send notice to your address in their records. Settlement demands or offers made during this process cannot be used as evidence or admissions in any legal proceeding.
2. Binding Arbitration
Except as specified below, all disputes between you and the rental company arising from your pick up truck rental and the Rental Terms and Conditions must be exclusively settled through binding arbitration administered by the American Arbitration Association (AAA) under its commercial arbitration rules.
- No Judge or Jury: Arbitration does not involve a judge or jury. Arbitration procedures are simpler and more limited than court rules, and court review of an arbitration award is limited.
- Individual Arbitration Only: Arbitration must be conducted on an individual basis, not as a class action, consolidated action, or representative action. If the class-action waiver is deemed invalid, neither party is entitled to arbitration.
- Cost Considerations for Small Claims: If your claim is less than $10,000 and arbitration costs are prohibitively expensive compared to litigation costs, the rental company will pay arbitration filing and hearing fees as deemed necessary by the arbitrator to avoid cost-prohibitiveness.
- Federal Arbitration Act: This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award can be enforced in any court with jurisdiction.
- Future Changes to Arbitration Clause: If the rental company seeks to delete or materially modify the arbitration agreement in the future, such changes will not apply to individual claims for which you have already provided notice.
- AAA Information: Information about AAA rules, procedures, and how to file a claim is available by contacting AAA or on their website (adr.org).
- Exceptions to Arbitration: Disputes within the scope of small claims court, as well as personal injury and/or vehicle damage/loss claims related to your pick up truck rental, are exempt from arbitration.
XXIII. Use of GPS Tracking Devices in Pick Up Trucks
The rental company utilizes GPS tracking devices in their pick up trucks.
1. Permitted Uses of GPS Tracking
GPS tracking is used to:
- Locate pick up trucks deemed missing, abandoned, stolen, or suspected of being stolen.
- Comply with law enforcement requests.
- Identify damaged pick up trucks needing roadside assistance.
- Respond to good faith emergencies posing a safety threat.
- Defend, protect, or enforce the rental company’s rights.
2. Rental Processing and Data Collection
If equipped and legally permitted, GPS devices may also be used in conjunction with your smartphone to process the rental, including tracking rental start/end times, fuel levels, and mileage.
XXIV. Privacy Disclosure: How Your Information is Used
The rental company collects, uses, and shares your personal information (PI) for various purposes.
1. Data Collection and Usage
Your personal information is used to:
- Provide and administer requested services, including discounts and loyalty programs.
- Conduct identity, security, driving license, and credit checks.
- Maintain, develop, and improve service administration and management.
- Protect company interests and enforce rights, including pursuing remedies and limiting damages.
- Protect the rights, privacy, safety, and property of you and others.
- Comply with or as permitted by law.
- Provide you with information about goods and services that may interest you (unless you opt-out).
You can limit the use and sharing of your PI for marketing, and you can access or correct your PI.
2. Vehicle Monitoring and Data Transfer
Some pick up trucks contain devices that monitor condition, performance, operation, and driver behavior (speed, fuel consumption, distance, location). This information may be used during and after the rental period, as legally allowed. To provide services, your PI may be transferred outside your rental country and may be subject to other countries’ laws. By using rental services, you agree to the collection, use, and sharing of your PI as long as legally permitted. For detailed privacy practices, see the full Privacy Notice on the rental company’s website (e.g., budget.com/privacy) or by writing to their Privacy Office.
Reservation Terms and Conditions for Pick Up Truck Rentals
This section details terms specific to pick up truck reservations.
1. Reservation Guarantees and Preferences
A reservation only guarantees the rate once confirmed with a credit card deposit. It shows your preferences for pick-up location, drop-off location, rental time, rental date, and equipment type.
2. Location and Equipment Availability
- Location Preferences: Pick-up/drop-off locations, rental time, and date are preferences only. If a chosen preference is unavailable, the rental company (BTR – Budget Truck Rental) reserves the right to offer alternatives.
- Equipment Subject to Availability: All equipment selected in a reservation is subject to availability at pick-up time. If requested equipment is unavailable, BTR may substitute equipment at no extra charge.
3. Rate Exclusions
Online reservation rates do not include: applicable taxes, fees, surcharges, additional accessories, protection plans purchased at rental time, required refundable deposit, moving supplies, or other applicable charges. These charges will be provided at pick-up.
4. Reservation Changes and Cancellations
- Cancellation/Modification Notice: To cancel or modify a reservation, you must contact BTR at least 48 hours before the pick-up date and time listed on your confirmation. Contact the pick-up location or call 1-800-462-8343.
- Cancellation Fee: Failure to provide 48-hour notice may result in a $75 Cancellation Fee.
- Rate Changes for Modifications: Modifying pick-up/drop-off location, rental time/date, or equipment type may change the reservation rate.
5. No-Show Fee
A $150 No Show Fee will be charged if a rental agreement is not opened within 24 hours after the proposed pick-up time.
6. One-Way Rental Trip Duration Estimates
For one-way rentals, online systems provide trip duration estimates for safe moves. These are estimates only, and actual mileage and trip duration may vary. You can purchase additional days or miles by contacting the pick-up location.
- Additional Days/Miles: Before pick-up during business hours, additional days are $70/day, and miles are $0.70/mile. At or after pick-up, additional days are $85/day, and miles are $0.85/mile.
- Non-Refundable: Pre-paid additional days and miles are non-refundable, even if unused.
7. Local Rental Charges
For local rentals, you are charged for actual miles and days you use the equipment.
8. Discount Combinations
Online discounts cannot be combined with other discounted rates, promotions, or offers.
9. Deposit Amounts
- One-Way Rentals: Average deposit is $150.
- Local Rentals: Average deposit is the greater of $150 or 1.5 times your estimated rental charges, but may be higher in some areas.
10. Payment Methods at Pick-Up
If paying with credit or debit card, the cardholder must be present with the card at rental time.
11. Identification Requirements
At rental time, you must provide two forms of current, valid ID. Acceptable IDs include: valid U.S. Driver’s License, State ID, Passport, Social Security Card, Vehicle Registrations, Phone Bill, Military ID, business photo ID, major credit card, and paycheck/stub. All drivers must have a valid U.S. Driver’s License.
12. Towing Equipment Recommendations and Responsibilities
Towing equipment recommendations are based on manufacturer guidelines and customer-provided vehicle information. Different vehicles may require different equipment, and some vehicles are unsuitable for towing. The rental company is not responsible or liable for damages during towing and does not guarantee equipment fitness for a particular use. The rental company will attach towing equipment to the pick up truck, but you are responsible for driving the tow vehicle onto the equipment. Instructions for proper loading are provided.
Local Rental Late Return Fees for Pick Up Trucks
For local pick up truck rentals returned late:
- If returned after the contracted date, you will be charged an additional day’s rental at 100% of the going daily rate, plus 100% of the daily rate for any protection products and accessories.
This comprehensive guide aims to clarify the often complex terms and conditions associated with pick up truck rentals. By carefully reviewing and understanding these points, you can ensure a better rental experience and avoid potential misunderstandings or unexpected costs. Always read the full rental agreement provided by the rental company before signing.