Ketchikan Car Rentals
Rental Terms and Conditions
These terms and conditions, the rental document signed by you, and a return record with computed rental charges together constitute the rental agreement between yourself and Ketchikan Car Rentals.
1. Scope of Agreement: You rent from us the car described on the rental document, which rental is solely a bailment for mutual benefit. You agree to the terms below.
2. Meaning of “Car”: The word “car” in this agreement means the vehicle rented or its replacement, and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in this rental agreement.
3. Who May Drive the Car: You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing; and that we may refuse to rent to you if your license has been suspended, revoked or otherwise restricted in anyway. We reserve the right to deny rentals based upon information provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating identity. Only you may drive the car.
4. Insurance: You purchase insurance as follows: I, the PARTICIPANT/INDIVIDUAL declare I am utilizing my own personal coverage / liability insurance as coverage for myself and or others in my party for the duration of this trip.
___________________________________________________________________________________________________________________________ If you have a personal car insurance policy, it includes liability coverage and any additional coverage you’ve opted for, such as comprehensive or collision. That coverage may extend to your rental car, as long as you drive it for personal use. The coverage limits and deductibles on your personal policy also apply to your use of a rental car.
WE DO NOT EXTEND ANY OF OUR MOTOR VEHICLE FINANCIAL RESPONSIBILTY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVER OR ANY OTHER DRIVER. LIABILITY PROTECTION IS NOT PROVIDED FOR YOUR LIABILITY FOR BODILY INJURY TO PASSENGERS IN THE RENTAL VEHICLE.
5. Cancellation Policy: Guests may receive a full refund (Minus processing fees) if they cancel within 48 hours of booking. After 48 hours, guests are only entitled to a 50% refund regardless of how far the pick-up date is. NO REFUNDS will be issued for cancellations within 24 hours of scheduled pick up time.
6. Return of the Car: You must return the car in the same condition you received it, ordinary wear and tear excepted, on the date and at the time indicated on the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may be charged a late return fee. You may not return the car at a time when we are closed. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. If we do not find the car when that location reopens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at 907-821-0798 to request it before your return date. We may or may not grant an extension or grant it for the entire period you request, in our sole discretion. 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.
Failure to return the car within 24 hours of the due date and time specified on this rental record may be considered a violation of Alaska Statutes – and may subject You to imprisonment for up to 2.5 years and/or a fine of up to $150,000.00
7. Where You’ll Return the Car: The car must be returned to __________Renter’s drop off location choice________________________ If return is to a different location from the agreed return location without our permission, you agree to pay the “unauthorized return location fee of__________N/A______________. Rentals may not leave Revillagigedo Island without our express written permission.
You are required to contact us to extend the rental if the car will not be returned by the due date on the rental record.
8. Rental Charges: You will pay for the number of miles you drive and the period of time you rent the car at the rate of_______TBD_______________ The minimum charge is one day (24 hours), unless “calendar day” is _______TBD_________________, plus mileage, of___________TBD________________. We will determine the miles by reading the factory-installed odometer. 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 document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental commences. If you fail to comply with any conditions for special rates specified on the rental document
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 of____TBD_____and/or concession recovery fees, and vehicle license recovery fees, other fees and surcharges.
2) You will pay a reasonable fee of____$100_________for cleaning the car’s interior upon return for excessive stains, trash, dirt, soilage or odors attributable to your use.
3) You must always return the keys with the vehicle or be liable to the company for damages.
4) We maintain a non smoking fleet. You will pay an additional charge of _______$50__________if you or any passenger smokes in the car or near the car.
5) 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.
9. Taxes: You’ll also pay all applicable taxes in addition to your base rent.
10. Card Reserve: You acknowledge that you have been informed that if you use a credit or debit card, up to an amount of $500, may be set aside or reserved for partial payment of any fees, damage to the rental vehicle or other violations of this agreement. You consent to the reservation or setting aside of that 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, and that your card issuer’s rules and credit card processing fees apply.
11. 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: it is found illegally parked, being used to violate the law or the terms of this agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car.
You agree that such cost will be charged to the card you used to rent the car.
12. Damage/Loss to the Car: If the car is lost or damaged as a direct or indirect result of a violation this agreement or 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 difference between the car’s retail fair market value before it was damaged and the sale proceeds. 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, 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 other such insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign of your benefits directly to us to recover all consequential and incidental damages including but not limited to the repairs of the vehicle plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage 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 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 this 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, we will reimburse you for those repairs only if you give us the repair receipt.
13. Prohibited Use of the Car: Certain uses of the car and other things you or a
driver may do, or fail to do, will violate this agreement. A VIOLATION OF THIS
PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL A. You use or permit the car to be used: 1) by anyone other than an authorized driver 2) to carry passengers or property for hire; 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 or a controlled substance including marijuana; 6) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; 7) recklessly or while overloaded;
B. You or an additional driver, authorized or not: 1) fail to promptly report 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 fully with our investigation; 2) Where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud of misrepresentation; 4) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; 5) intentionally or with willful disregard cause or allow damage to the car, or 6) return the car
after hours and the car is damaged, stolen or vandalized.
C. 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 while not in a hands free mode shall be deemed a breach of this contract.
14. Fuel Service Charge: Most rentals come with a full tank of fuel, but that is not always the case.
(A) Where available, if permitted by law, if you drive less than 75 miles, you acknowledge that we will add a flat fee to the rental of ________TBD___________. 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 YOU DO NOT RETURN THE CAR WITH AS MUCH FUEL AS WHEN THE RENTAL STARTED, BUT REFUEL DURING THE RENTAL, REFUELING CHARGES APPLY AT $9.99/PER GALLON.
15. Fines, Expenses, Costs and Administrative Fees: You’ll pay all 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 with respect to any violation of this 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 and penalties 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. You agree and acknowledge that we cooperate with all federal, state, 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 our agent for the purpose of processing and billing you for any tickets, citations, fines and penalties incurred by you or assessed against us or the vehicle during your rental.
In the event we use a third party collection and or administrative agent to resolve any tickets, citations, fines and penalties, 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 agree to indemnify and hold us harmless for any tickets, citations, fines, penalties and administrative fees.
16. Roadside Assistance: Roadside assistance is available to all renters. Call 907-821-0798 for roadside assistance.
17. Property in the Car: We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, 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.
18. Collections: If you do not pay all amounts due to us under this agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the vehicle 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 8 percent per annum on the past due amount or whatever maximum rate is allowed by Alaska usury laws, whichever is less. 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 recovery, insufficient funds fees and collection fees (collectively, “Costs”).
19. Choice of Forums: Any dispute arising under this agreement will be adjudicated in the Alaska State Courts in the First Judicial District.
20. Duress, Threats and Undue Influence: You certify that you have reviewed this contract with the counsel of your choice or freely and voluntarily waive the same. This agreement is entered into without force, threats, coercion or intimidation of any sort by either party.
21. Entire agreement: This document is the entire agreement between the parties. Any modification of this agreement must be in writing and signed by both parties.
22. Savings: If any portion of this agreement is found to be unenforceable, the remainder will be carried into effect.
23. Acknowledgement of Understanding: I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I have read the previous paragraphs and I know, understand, and appreciate these and other risks that are inherent in the said Activity. I hereby assert that my participation is voluntary and that I knowingly assume all such risks. I acknowledge that I am signing the agreement freely and voluntarily and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.