RENTAL AGREEMENT POLICIES

(Insurance Replacement & Accident Courtesy Car – Toronto / GTA)

This AGREEMENT is between you, the RENTER/DRIVER(S), and the COMPANY for the rental of a motor vehicle (including tires, tools, accessories, and equipment) as an insurance car rental, Toronto West, accident replacement, or courtesy car while your vehicle is in the shop in the GTA. The RENTER/DRIVER(S) acknowledges that the VEHICLE is the property of the COMPANY, even if the registered title is held in a third‑party and/or corporate name. The COMPANY is a Canadian-owned insurance replacement car rental provider serving Toronto and the GTA, and may arrange direct bill insurance car rental in the GTA with no upfront cost where permitted by law and by your insurer.

The COMPANY renting this VEHICLE to you is fully described on the face of this agreement. The RENTER/DRIVER(S) is identified on the face of this agreement and must sign this RENTAL AGREEMENT. By signing, you enter into a binding contract for use of the COMPANY’S VEHICLE, including accident replacement car rental in the GTA, same day insurance car rental after an accident in Toronto where available, and accident courtesy car paid by insurance in Toronto where eligible. You agree to pay on demand all rental charges and applicable fees referred to in this agreement. By entering into this contract, you are subject to the following terms and conditions.

1. AUTHORIZED USE

The VEHICLE may be used ONLY by an AUTHORIZED DRIVER.

An AUTHORIZED DRIVER is:
(a) You, the RENTER/DRIVER(S), holding a valid driver’s licence; and/or
(b) Any additional licensed driver approved by the COMPANY and listed on this agreement as an additional RENTER/DRIVER(S).

Where applicable, AUTHORIZED DRIVERS may use the VEHICLE as an accident replacement car rental in the GTA, a courtesy car while your car is in the shop in Toronto, or an insurance car rental with pickup from a body shop in the GTA.

2. PROHIBITED USE

You, the RENTER/DRIVER(S), agree that the VEHICLE shall NOT be used:

(a) To carry persons or property for hire, rideshare, or delivery.
(b) To push, propel, or tow any vehicle, trailer, or other object.
(c) In any race, driver test, speed test, or contest.
(d) By any person where there is reasonable evidence of being under the influence of alcohol, intoxicants, narcotics, or any substance in violation of applicable law.
(e) In the commission of any crime or for any illegal trade or transport.
(f) In violation of any Federal, Provincial/State, or Municipal law, by‑law, rule or regulation, or removed from the Province/State of rental without prior written consent of the COMPANY or its representative.
(g) By anyone who has provided a false name, age, address, driver’s licence, credit card, or other information, or who does not have a valid driver’s licence.
(h) In a dangerous, reckless, or imprudent manner.
(i) On other than a public highway, graded road, or driveway.
(j) Without properly securing the VEHICLE and its keys when unattended.

These restrictions apply whether the VEHICLE is used as an accident courtesy car paid by insurance in Toronto, as a free pickup accident replacement car rental in Toronto, or in any other context.

3. VEHICLE CONDITION, RETURN AND DAMAGE

The VEHICLE is delivered to you in good operating condition. You agree to return it in the same condition (ordinary wear and tear excepted) to the COMPANY’S designated location on the date and time specified in this agreement, or sooner if demanded by the COMPANY. For accident replacement car rental in the GTA or courtesy car while your car is in the shop in Toronto, you must still return the VEHICLE on or before the agreed date unless extended in writing.

If you return the VEHICLE to any location not authorized in this agreement, you may be charged:

1. Additional daily rate(s) plus a one‑way service charge as determined by the COMPANY; or
2. Additional daily rate(s) plus a per‑kilometre charge from the unauthorized return point to the authorized location.

You agree to pay the COMPANY on demand for all loss of or damage to the VEHICLE occurring during the rental, regardless of cause or fault, unless otherwise reduced under an applicable waiver in this agreement. Total loss will be calculated as the replacement cost of the VEHICLE plus all associated expenses.

You also agree to pay, on demand:

• All towing, storage, and impound fees.
• Claims administration charges.
• Any diminished value of the VEHICLE.
• Damages for loss of use of the VEHICLE while it is out of service (calculated as the daily rental rate multiplied by the number of days the VEHICLE is unavailable, whether or not you have an insurance car rental Toronto West or direct bill insurance car rental GTA, no upfront cost arrangement).

Claims administration charges may be applied as follows (or as updated from time to time by the COMPANY):

• Damage $0.00 to $2,500.00 = $100.00
• Damage $2,501.00 to $5,000.00 = $150.00
• Damage $5,001.00 and over = $200.00
• Total loss = $250.00

The COMPANY may, at its discretion, monitor, track, locate, disable, and/or repossess the VEHICLE at your expense using remote tracking devices or other means, without notice or demand, if the VEHICLE is illegally parked, appears abandoned, used outside geographic driving restrictions, used in violation of law or this agreement, or if payment obligations are not met.

You must pay the full amount of any loss or damage to the VEHICLE unless reduced by one of the following:

(a) Tire and Windshield Damage Waiver (T&WDW): If you purchase T&WDW, the COMPANY will waive or reduce your payment for loss or damage to the tires and/or windshield, subject to the conditions in this agreement. T&WDW does NOT cover damage to wheels, loss of use, towing, storage, or impound fees.

(b) Loss Damage Waiver (LDW): If you purchase LDW, the COMPANY will waive or reduce your payment for loss or damage to the VEHICLE, subject to the conditions in this agreement. LDW does NOT cover loss of use, diminished value, towing, storage, or impound fees. Any LDW deductible applies on a per‑occurrence basis.

If any term of this agreement is violated by the RENTER/DRIVER(S) or any AUTHORIZED DRIVER, or if any such person refuses to file a police report or to present a claim to their own insurance company or other lawful authority, LDW will not apply and the RENTER/DRIVER(S) shall be liable for ALL damage to the VEHICLE. LDW IS NOT INSURANCE; it is a contractual waiver by the COMPANY of certain amounts you would otherwise owe for loss or damage.

4. LIABILITY INSURANCE

The COMPANY maintains all mandatory automobile insurance required by law for the VEHICLE. AUTHORIZED DRIVERS agree to be bound by all terms, conditions, limitations, and restrictions of the applicable policy, which is incorporated into this agreement.

The COMPANY does not provide “uninsured motorist,” “underinsured motorist,” “supplemental,” “no‑fault,” or any other optional coverage unless required by law. To the fullest extent permitted, the RENTER/DRIVER(S) and the COMPANY reject the inclusion of such optional coverage. You are responsible for understanding whether your own policy answers questions such as “does insurance cover a replacement car while mine is repaired” and for complying with any conditions imposed by your insurer.

5. POWER OF ATTORNEY

The RENTER/DRIVER(S) grants the COMPANY a limited Power of Attorney to:

• Present claims for property damage to the RENTER/DRIVER(S)’s insurance carrier if the VEHICLE is damaged during the rental; and
• Endorse the RENTER/DRIVER(S)’s name on insurance payments issued for charges or damages arising from this rental, including when the VEHICLE is used as an insurance car rental pickup from a body shop in the GTA or as a courtesy car while your car is in the shop in Toronto.

6. GENERAL PROVISIONS

(a) PAYMENT: If the AUTHORIZED DRIVER fails to make payments when due, the AUTHORIZED RENTER/DRIVER(S) will pay all costs of collection and/or repossession, including court costs and reasonable legal fees. If charges are to be billed to a third party (including an insurer under a direct bill insurance car rental GTA no upfront cost arrangement) and that party fails to pay promptly, the RENTER/DRIVER(S) remains fully responsible and must pay on demand. All charges are subject to final audit; any resulting credits or additional charges will be processed using the original method of payment. Interest may be charged on overdue accounts as permitted by applicable law, along with any administration costs of carrying the account.

(b) FINES AND PENALTIES: The AUTHORIZED RENTER/DRIVER(S) will pay all fines, penalties, tolls, forfeitures, and court costs for any parking or traffic violation, including toll road charges, incurred with respect to the VEHICLE during the rental. You must promptly report such violations to the COMPANY and will indemnify and hold the COMPANY harmless from all related claims.

(c) PERSONAL PROPERTY: The AUTHORIZED RENTER/DRIVER(S) releases and holds harmless the COMPANY, its agents, and employees from any claim for loss of or damage to personal property left in or on the VEHICLE, on any COMPANY premises, or in any other vehicle of the COMPANY, whether before, during, or after the rental, whether or not caused by COMPANY negligence.

(d) NOTICE OF ACCIDENT/CLAIMS: In addition to any obligations under applicable insurance law, the AUTHORIZED RENTER/DRIVER(S) must immediately notify the COMPANY of any accident, loss, or damage involving the VEHICLE and deliver to the COMPANY every summons, complaint, or legal paper received relating to such incident. The AUTHORIZED RENTER/DRIVER(S) agrees to fully cooperate with the COMPANY and its insurer in the investigation and defence of any claim or lawsuit.

(e) INDEPENDENT STATUS: No AUTHORIZED RENTER/DRIVER(S) shall be deemed an agent, servant, or employee of the COMPANY for any purpose.

(f) NO WARRANTY: THE COMPANY MAKES NO WRITTEN, EXPRESS, OR IMPLIED WARRANTY AS TO THE CONDITION, PERFORMANCE, OR FITNESS OF THE VEHICLE OR EQUIPMENT FOR ANY PARTICULAR PURPOSE, including when provided as a same day insurance car rental after an accident in Toronto or as an accident replacement car rental in the GTA.

(g) WAIVER: No right of the COMPANY under this agreement may be waived except in a written document signed by an authorized officer of the COMPANY.

(h) REPAIRS: The RENTER/DRIVER(S) shall not authorize repairs or allow any lien to be placed on the VEHICLE without the COMPANY’S prior written consent. The RENTER/DRIVER(S) is liable for all unauthorized repairs and charges.

(i) CREDIT & PERSONAL INFORMATION: The RENTER/DRIVER(S) authorizes the COMPANY and its agents to obtain, use, and, where lawful, share credit and personal information with credit reporting agencies, credit bureaus, collection agencies, insurers, and driver’s licence validation services, in accordance with applicable privacy legislation.

(j) RESPONSIBILITY UNTIL INSPECTION: The RENTER/DRIVER(S) remains liable for all damage to the VEHICLE until it is inspected and accepted by the COMPANY at an authorized return location, even if provided as a free pickup accident replacement car rental in Toronto or as an accident courtesy car paid by insurance in Toronto.

(k) EARLY RETURN DUE TO INSURANCE STEERING: A service charge (for example, up to $250.00 or as otherwise stated on the face of this agreement) may apply if the rental is returned early due to insurance company steering or similar actions.

(l) CHARGEBACKS: An administration fee, not exceeding $100.00, may be charged in the event of a credit card chargeback that is found to be valid by the cardholder’s issuing bank.

(m) COMPLIANCE WITH LAWS: All AUTHORIZED DRIVERS must comply with applicable highway traffic laws, including seatbelt and child restraint requirements, at all times while operating the VEHICLE.