Rental Agreement 

This Agreement is between the individual reserving the LSV, hereinafter referred to as "You" and Luxe Kart Leasing, LLC, A Virginia Limited Liability Company (hereinafter referred to as "LUXE, “we”, “our” or “us").

Definitions, “Agreement” means all terms and conditions found on both sides of this form. “You” or “your" means the person identified as the renter on the reverse any person signing this Agreement, any Authorized Driver and any 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 and each such person is bound by the actions of each other person signing this Agreement. “We,” “our” or “us” means the independent business named in the Agreement that is renting you the Vehicle. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement provided that each such person has a valid driver's license and is at least age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and its tires, tools, accessories, equipment, keys, and Vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood, or fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our right to use the Vehicle for any purpose due to damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is replaced or repaired, times the daily rental rate.

Required Identity Records, You shall provide us a record of your identity, which includes a valid driver’s license, and such records will be available for inspection by any person damaged by your conduct, to either person or property, by the operation of the Vehicle, or by law-enforcement personnel in the discharge of their duties.

Changes, Any change to the Rental Agreement or our rights must be in writing and signed by an authorized LUXE 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 our 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 our web site, 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 Budget web site and will govern all rentals commencing after posting even if the terms provided at the time of reserving the rental Vehicle are different.

Who May Drive The Vehicle, You represent to LUXE 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. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver's license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver's license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law. Except where otherwise specifically authorized by applicable law, only you, your spouse or domestic partner. Any Permitted Driver must be at least 21 years old and must also be a capable and validly licensed driver at all times during which such person is operating the vehicle.  Any person other than you or a Permitted Driver that operates the vehicle must sign an additional driver form at the time of the rental and have proof of insurance. We may charge for each additional driver authorized to drive the vehicle. You acknowledge that you will remain financially responsible under the Rental Agreement at all times even if the vehicle is operated by a Permitted Driver or someone other than yourself.

Rental, Indemnity and Warranties, This is a contract for rental of the Vehicle. 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. You shall defend, indemnify, and hold us, our parent, and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the Vehicle by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.  We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle is fit for a particular purpose.

Property in the Vehicle, We are not responsible for loss of, theft, or damage to any property in or on the Vehicle, 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 will be responsible to us for claims by others for loss or damage caused by your property.

Condition and Return of Vehicle, You must return the Vehicle to our rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. If applicable, you must check and maintain all fluid levels.

Taxes, Surcharges & Fees, You will also pay all applicable taxes as well as any additional charges provided in the Rental Agreement which are over and above the base rental rate. These may be surcharges and/or recovery fees to recover certain costs.

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 Vehicle 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 Vehicle 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.

Repossessing the Vehicle, We can repossess the Vehicle at any time in our sole discretion for reasons that include but are not limited to the following: the Vehicle 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 Vehicle, including remotely disabling the engine, remotely locking the doors, tracking the location of the Vehicle through GPS tracking devices and utilizing for our benefit any other devices connected to the Vehicle or affecting the Vehicle's operation. If the Vehicle is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the Vehicle. You agree that such costs will be charged to the credit or debit card or account you used to rent the Vehicle.

Responsibility for Damage or Loss; Reporting to Police, You are responsible for damage to, or loss or theft of the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if it is not repairable or if we elect not to repair it, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the insurance claim, whether or not you were at fault. You must report all accidents or incidents of theft and vandalism to us, and the police as soon as you discover them.

Breach of Agreement, The acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is cause by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (B) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (C) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (D) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (F) occurs while teaching anyone to drive; (G) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (H) occurs outside the geographic limitations indicated on the reverse; (I) occurs when it is loaded beyond its capacity; (J) occurs as a result of driving the Vehicle on unpaved roads; (K) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (L) occurs while transporting children without approved child safety seats as required by law; (M) occurs and the odometer has been tampered with or disconnected; (N) occurs when the vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle; (O) results from inadequately secured cargo; (P) where applicable, is caused by anyone who lacks experience operating a manual transmission; (Q) is a result of your willful, wanton or reckless act of misconduct; ( r) occurs when you fail to summon the police to any accident involving personal injury or property damage; or, (S) is caused by animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecution that we take against you that arise out of your breach of this agreement.

Insurance, You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle. You are responsible for all damage or loss you cause to others. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess, or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state where the damage or loss occurs. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. Coverage is void if you violate the terms of this Agreement or if you fail to cooperate in any loss investigation conducted by us, or our insurer. Giving the Vehicle to an unauthorized driver terminates our liability insurance coverage, if any.

Charges, You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period you keep the Vehicle, or a mileage charge based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (D) battery charge, if you return the Vehicle with less battery charge than when rented; (e) applicable taxes (F) all parking, traffic and toll violations, fines, citations, penalties, forfeitures, court costs, towing and storage charges and other expenses involving the Vehicle assessed against us or the Vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus all expenses we incur and locating in recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (H) 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; (I) a 2% per month late fee payment fee, or the maximum amount allowed by law, on all amounts past due; (J) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (K) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than we rented.

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 Vehicle is rented to you, and the Vehicle is operated in accordance with this agreement, we assume responsibility for the loss of or damage to the Vehicle 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 Vehicle if stolen, (except in the state of Alaska), and except for your amount of “responsibility”, if any, specified on the Rental Contract. Partial Loss Damage Waiver (PDW) is available only where permitted by law. If you accept PDW at the indicated daily rate, and the Vehicle is operated in accordance with the Rental Agreement, we assume responsibility for the loss or damage to the Vehicle up to the amount as specified on the Rental Contract and you accept responsibility for all other loss or damage. If you do not accept either LDW or PDW, you owe for all loss or damage to the Vehicle. Loss and damage are described in paragraph 17 below. YOU ACKNOWLEDGE YOU HAVE BEEN ADVISED THAT YOUR OWN INSURANCE MAY COVER LOSS OR DAMAGE TO THE VEHICLE. 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 BELOW WITH RESPECT TO THE STATE IN WHICH YOU RENTED THE VEHICLE AND EACH STATE WHERE YOU TAKE THE VEHICLE.

Damage to/Loss of the Vehicle, If you do not accept a Loss Damage Waiver, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of paragraph 18, 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 Vehicle regardless of cause, or who, or what caused it. If the Vehicle is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’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, tires, and antenna, as part of your rental charges at the time of return. If the Vehicle is stolen and not recovered, you will pay us the Vehicle’s fair market value before it was stolen. As part of our loss, you will also pay for loss of use of the Vehicle, 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 Vehicle plus diminished value or the fair market retail value of the Vehicle (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 Vehicle repaired without our express prior written consent. If you repair or have the Vehicle repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental. If we authorize you to have the Vehicle repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.

Prohibited Use of the Vehicle, Certain uses of the Vehicle 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) OR PARTIAL DAMAGE WAIVER. 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 Vehicle to be used: 1) by anyone other than an authorized driver, as defined herein; 2) to carry passengers or property for hire or more passengers than the Vehicle 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.B. You or an additional driver, whether authorized or not: 1) fail to promptly report to LUXE any damage to or loss of the Vehicle 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 Vehicle through fraud or misrepresentation; 4) leave the Vehicle and fail to remove the keys (or key fobs) and the Vehicle is stolen or vandalized; or 5) intentionally or with willful disregard cause or allow damage to the Vehicle.  C.You or an additional driver, whether authorized or not return the Vehicle after hours and the Vehicle is damaged, stolen or vandalized or you otherwise fail to take reasonable steps to secure the Vehicle, its keys, key fobs, or other remote entry and starting devices. D. Driving or operating this Vehicle 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.

Fines, Expenses, Costs and Administrative Fees, You will 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 Vehicle 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 Vehicle information regarding your rental 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 plus a reasonable administrative fee not to exceed $50 per violation. You authorize as our agent or another agent we appoint to bill you directly to the credit/debit Vehicle you used to rent the Vehicle. You authorize us or another agent we authorize to contact you directly regarding any tickets, citations, fines, and penalties incurred by you or assessed against us or to our Vehicle while the Vehicle 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.

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 Vehicle including, without limitation, payment for loss of or damage to the Vehicle, 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 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.

Use of GPS Tracking Devices, We use GPS tracking devices to track or locate Vehicles 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 Vehicles which have been damaged and may require 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 Vehicle is driven while rented to you.

Deposit, We may use your deposit to pay any amounts owed to us under this Agreement.

Your Property, You release us, our agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled, or stored, or that was left or carried in or on Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.

Modifications, No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

Miscellaneous, A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement is a contract executed under and to be construed under the laws of the Commonwealth of Virginia.  Any action brought to enforce the agreements made hereunder or any action which arises out of the relationship created hereunder shall be brought in the state courts for the City of Virginia Beach, Virginia.

Cooperation, You agree to cooperate and coordinate with LUXE generally and to take any actions LUXE reasonably requests in connection with (i) this Rental Agreement, (ii) your use and return of the Vehicle, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Rental Agreement or your use of the Vehicle, including without limitation, execution and delivery of any documents LUXE reasonably requests, giving testimony under oath, and taking any other actions LUXE reasonably requests related to this Rental Agreement or your Vehicle rental.

State Disclosures:

FLORIDA:

Return of Car.  Failure to return rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.

Liability Protection. The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by §§ 324.021 (7) and 627.736, Florida Statutes.

VIRGINIA:

THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.