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Wind Car Rentals

Service Agreement

Wind Car Rentals LLC

This Service Agreement (“Agreement”) governs all services, transactions, reservations, rentals, leases, vehicle sales, deliveries, deposits, payments, and related activities conducted by Wind Car Rentals LLC (“Company”).

By making a payment, reserving a vehicle, renting, leasing, purchasing, accepting delivery, taking possession of property, using any service provided by the Company, or otherwise engaging in business with the Company, the Customer acknowledges that they have read, understood, and agreed to all terms and conditions contained herein.

1.SERVICES

This Agreement applies to all services offered by the Company, including but not limited to:

  • Vehicle Rentals
  • Vehicle Leases
  • Vehicle Sales
  • Vehicle Delivery and Pickup
  • Transportation Services
  • Reservation Services
  • Equipment Rentals
  • Property Rentals
  • Management Services
  • Administrative Services
  • Any other products or services provided by the Company

2.PAYMENT TERMS

All payments are due according to the terms provided at the time of the transaction.

Accepted payment methods may include credit card, debit card, cash, ACH transfer, wire transfer, Zelle, Venmo, PayPal, or any other approved payment method.

Customer authorizes the Company to charge any payment method provided for unpaid balances, damages, fees, fines, penalties, or other amounts due under this Agreement.

3.FINAL SALE POLICY

To the fullest extent permitted by applicable law:

  • All sales are final.
  • All rental payments are final.
  • All lease payments are final.
  • All booking fees are final.
  • All reservation fees are final.
  • All service fees are final.

No refunds, credits, reversals, cancellations, or chargebacks shall be permitted after a transaction has been completed except where required by law or approved in writing by the Company.

Customer acknowledges that the Company reserves inventory, vehicles, personnel, scheduling, resources, and administrative efforts upon acceptance of a reservation or transaction.

4.SECURITY DEPOSITS

A security deposit may be required.

Any remaining balance of a security deposit shall generally be returned within forty-eight (48) hours following return of the vehicle or completion of services, subject to inspection and verification.

The Company may deduct from the security deposit including but not limited to:

  • Cleaning fees
  • Fuel charges
  • Parking tickets
  • Toll charges
  • Traffic violations
  • Administrative fees
  • Late return fees
  • Missing items
  • Lost keys
  • Damage repairs
  • Tire damage
  • Windshield damage
  • Interior damage
  • Exterior damage
  • Towing expenses
  • Storage fees
  • Collection costs
  • Unpaid balances

The security deposit shall not limit the Customer's liability.

5.CUSTOMER RESPONSIBILITIES

Customer agrees to:

  • Provide accurate information.
  • Maintain valid identification and licensing where applicable.
  • Follow all applicable laws and regulations.
  • Properly care for rented or leased property.
  • Immediately report accidents, damage, theft, or mechanical issues.
  • Return property in substantially the same condition as received.

Customer shall be responsible for the actions of all passengers, guests, occupants, family members, employees, agents, or other persons associated with Customer.

6.DAMAGE AND LOSS

Customer assumes full responsibility for any damage, loss, theft, misuse, abuse, negligence, unauthorized use, or destruction occurring during possession, occupancy, control, or use of Company property.

Customer agrees to reimburse the Company for:

  • Repair costs
  • Replacement costs
  • Diminished value
  • Loss of use
  • Administrative costs
  • Inspection costs
  • Towing costs
  • Recovery expenses
  • Storage fees
  • Collection costs
  • Legal expenses where permitted by law

7.VEHICLE USE

Customer shall not:

  • Allow unauthorized drivers.
  • Use a vehicle for unlawful activity.
  • Operate under the influence of drugs or alcohol.
  • Race or abuse a vehicle.
  • Use a vehicle for towing unless authorized.
  • Use a vehicle in a reckless or unsafe manner.

Vehicle rentals are subject to a mileage limit of 2,000 miles per month. Mileage in excess of this limit may incur additional charges as determined by the Company.

8.INSPECTIONS AND RECORDS

The Company reserves the right to inspect property before, during, and after use.

Photographs, videos, GPS records, mileage records, receipts, invoices, inspection reports, and electronic records may be used to verify condition, usage, damages, charges, and compliance with this Agreement.

9.NO WARRANTIES

Except where prohibited by law, all services, vehicles, equipment, and property are provided on an “AS IS” and “AS AVAILABLE” basis.

No express or implied warranties are provided regarding availability, suitability, performance, condition, reliability, or fitness for a particular purpose.

10.LIMITATION OF LIABILITY

To the fullest extent permitted by law, the Company shall not be liable for:

  • Indirect damages
  • Consequential damages
  • Incidental damages
  • Lost profits
  • Lost income
  • Lost business opportunities
  • Travel interruptions
  • Delays
  • Personal property loss
  • Third-party claims

Any liability of the Company shall not exceed the amount paid by Customer for the transaction giving rise to the claim.

11.INDEMNIFICATION

Customer agrees to defend, indemnify, and hold harmless the Company, its owners, officers, managers, employees, contractors, agents, affiliates, successors, and assigns from any claims, liabilities, damages, losses, expenses, costs, judgments, or attorney fees arising from:

  • Customer's use of services
  • Customer's use of property
  • Violation of this Agreement
  • Negligence or misconduct
  • Injury to persons
  • Damage to property

12.COLLECTIONS

Any unpaid balance may be referred to collections or legal proceedings.

Customer agrees to pay:

  • Collection costs
  • Administrative fees
  • Court costs
  • Interest on unpaid balances
  • Reasonable attorney fees where permitted by law

13.CANCELLATION OR REFUSAL OF SERVICE

The Company reserves the right to suspend, cancel, terminate, deny, or refuse service at any time due to:

  • Non-payment
  • Fraud concerns
  • Safety concerns
  • Misrepresentation
  • Violation of law
  • Violation of Company policies
  • Threatening, abusive, or inappropriate conduct

14.FORCE MAJEURE

The Company shall not be liable for delays, interruptions, or failures resulting from causes beyond its reasonable control, including natural disasters, weather events, government actions, labor disputes, utility outages, internet outages, civil unrest, terrorism, war, or acts of God.

15.GOVERNING LAW

This Agreement shall be governed by and interpreted under the laws of the State of California.

Any dispute arising under this Agreement shall be brought in a court of competent jurisdiction located in California.

16.ELECTRONIC ACCEPTANCE

Electronic signatures, digital signatures, online acceptance, payment, reservation confirmation, booking confirmation, email confirmation, text message confirmation, and use of services shall constitute acceptance of this Agreement and shall have the same legal force and effect as a handwritten signature.

17.ENTIRE AGREEMENT

This Agreement constitutes the complete agreement governing the services provided and supersedes all prior discussions, representations, understandings, and agreements. If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

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