Terms And Conditions

Definitions of Terms

In this agreement, unless the context indicates otherwise:

• “Additional Driver” means such person who, in addition to the Driver, is duly authorized by ALL IN 1 RENTALS to drive the vehicle.
• “Auto Dealers Guide” means the Kelley Blue Book, a publication containing, inter alia, recommended selling prices of motor vehicles.
• “Claims Administration Fee” means an administration fee charged in all instances where a claim is processed in respect of damage, loss or theft of the vehicle.
• “Contract Fee” means a once-off charge per rental to cater for, inter alia, storage fees of Original Documents.
• “Damages” (in relation to the vehicle) means the actual expenditure in towing, transporting and storing the vehicle, repairing any damage (including tire and rim damage), replacing parts and/or accessories (without allowing for depreciation), remunerating an expert to inspect any incident and report thereon and reimbursing such expert (an invoice, job card or quotation produced by ALL IN 1 RENTALS to be prima facie proof of any such expenditure or any other charges incurred related to an incident of whatsoever nature.
• “Repairer OR Suppliers of Our Choice” We reserve the right to require any work to be carried out at a repairer of our choice or any replacement to be done by a supplier of our choice.
• “Day” means a period of 24 hours (or any part thereof) calculated from the time out as reflected overleaf.
• “Driver” means such person who is duly authorized by ALL IN 1 RENTALS to drive the vehicle as reflected overleaf.
• “Extend” means any extension of the Rental Period authorized by ALL IN 1 RENTALS.
• “First Amount Payable or Excess” means the first amount that the Renter Member is responsible to pay in respect of any incident and or damages and or theft and or loss that may result in a claim.
• “Official Rates Brochure” means ALL IN 1 RENTALS’ current official brochure on the rental rates and other general information issued from time to time.
• “Rental Period” means the period between the date and time out and the termination date and time as specified in the agreement or if such period is extended, the time and date entered on ALL IN 1 RENTALS’ records of the rental.
• “Rental” means all of the persons jointly and severally whose names appear on the rental agreement hereof, including any Additional Driver and or the Driver.
• “Renting Location” means the ALL IN 1 RENTALS location from which the vehicle is rented by the Rental Member, alternatively, any location agreed upon, in writing, by the parties.
• “Vehicle” means the rental vehicle described on the face hereof, including, without limitation, all keys, tires, tools, equipment, accessories and documents in and on the vehicle when the Renter and or the Driver takes delivery of the vehicle at the renting location and includes any replacement vehicle which has been officially authorized by ALL IN 1 RENTALS, whether or not such replacement vehicle was authorized or approved by the Renter.
• “Traffic Fine Administration Fee” means an amount levied by ALL IN 1 RENTALS to administer any traffic fine(s) incurred by the Renter and or any Driver and or Additional Driver renting the vehicle.
• “Total Loss” (in relation to a vehicle) means: (a) Damages where the estimated costs of repairs is such that the vehicle is, in the sole and absolute discretion of ALL IN 1 RENTALS, uneconomical to repair in relation to the value of the vehicle and condition of the vehicle for the time being; or (b) When the vehicle is stolen and or lost. The amount of the total loss will be the retail value as reflected in the Auto Dealers Guide or if not reflected therein, the new list price of the vehicle, as supplied by the manufacturer, as at the date of loss, less any salvage.
• “Waiver” means a reduction of liability responsibility of the Renter in the event of an incident and theft and loss of the vehicle or a loss in relation to the vehicle. With respect to each of these definitions and terms above, the singular shall include the plural and vice versa, the masculine gender shall include the female gender and vice versa and natural persons shall include legal and juristic persons and vice versa.

1. Rental of the Vehicle

ALL IN 1 RENTALS rents to the Renter who employs the vehicle subject to the terms and conditions applicable at the time of the rental. The Renter will be bound by these terms and conditions, whether he or she was driving the vehicle or not.

2. Delivery of the Vehicle

Delivery and transfer of the risk in and to the vehicle shall occur at the time and place that the Renter or his/her duly authorized representative, or the Driver or the Additional Driver takes possession of the keys and or vehicle at the Renting Location.

The vehicle shall be deemed to have been delivered to the Renter or his/her duly authorized representative or the Driver or the Additional Driver in good order and repair and without any damage to, inter alia, the paintwork, upholstery, tires, rims and accessories unless such damage is recorded in writing and signed by ALL IN 1 RENTALS and the party referred to above accepting delivery of the vehicle.

The vehicle will be fully fueled for the convenience of the customer.

3. Use of Vehicle

The vehicle may be utilized by the Renter, the Driver or the Additional Driver for the Rental Period or any extended period as agreed to by ALL IN 1 RENTALS. The Renter agrees that any extension so noted on ALL IN 1 RENTALS records would correctly reflect such extended period as agreed to by ALL IN 1 RENTALS. During the Rental Period, the vehicle may not be used, inter alia, for the conveyance of passengers and or goods for reward to propel or tow any other vehicle (including any caravan or trailer) (unless first authorized by ALL IN 1 RENTALS in writing), to transport goods in violation of any customs laws or in any other illegal manner, in any motor sport or similar high risk activity, beyond the borders of Ohio (unless authorized by ALL IN 1 RENTALS in writing), or in any area where there is or may be a risk of incidents of civil unrest, political disturbance or riot or any activity associated with any of the foregoing. The Renter shall make adequate provision for the safety and security of the vehicle and, in particular, but without limiting the generality of the foregoing, he/she shall keep the vehicle property locked and secured and immobilized and the burglar alarm (if any) must be activated and any anti-theft in the vehicle must be properly secured and in place when the vehicle is not in use. Should damages and or loss be sustained as a result of not removing the removable face (if any) of the radio, the Renter shall be liable for such damages and or loss. The Renter will ensure that the keys of the vehicle are under the Renter’s control at all times. ALL IN 1 RENTALS will at all times remain the owner of the vehicle.

The Renter or passengers cannot smoke in the vehicle during the Rental period, otherwise the Renter will be charged, at a minimum, a $250 cleaning fee.

4. Return of the Vehicle

The Renter shall return the vehicle, at the Renter’s expense to an authorized representative of ALL IN 1 RENTALS at such time and location agreed to by ALL IN 1 RENTALS. The Renter acknowledges that failure to return the vehicle in terms hereof shall constitute illegal possession by him, and ALL IN 1 RENTALS may repossess the vehicle wherever same may be found and from whomsoever is in possession thereof. Any costs incurred by ALL IN 1 RENTALS to retrieve the vehicle will be charged to the account of the Renter, including, but not limited to, any physical damage that occurs in the repossession of the vehicle. Should the vehicle not be returned as indicated above, any Waiver option and or Personal Accident Insurance cover in terms hereof will become null and void. Should the vehicle not be returned as indicated above, the vehicle may be reported as stolen to the appropriate authorities. The vehicle shall be returned to ALL IN 1 RENTALS in the same condition as received, being undamaged, in good order and in a roadworthy condition, reasonable wear and tear excepted. When the Renter returns the vehicle to any Renting Location, the Renter shall park the vehicle in ALL IN 1 RENTALS reserved parking, and ensure that the vehicle is properly locked and secure, and hand the keys to an authorized representative of ALL IN 1 RENTALS or leave the keys in a drop safe provided at the offices of ALL IN 1 RENTALS to be used when the offices are not open for business. In the event that the vehicle is not returned as described above, the sole risk of loss or damage to the vehicle will remain vested in the Renter until such time as ALL IN 1 RENTALS has recorded the return of the vehicle. It is the responsibility of the Renter to ensure that the vehicle is refueled when returning the vehicle, failure to do so will result in ALL IN 1 RENTALS refueling and charging the Renter for the fuel.

5. Termination/Cancellation/Extension of Rental

Notwithstanding anything to the contrary contained herein, ALL IN 1 RENTALS shall be entitled in its sole and absolute discretion to terminate this agreement at any time by notice (verbal or in writing) to the Renter, whereupon the Renter shall immediately return the vehicle to ALL IN 1 RENTALS. In the event of such failure to return the vehicle to ALL IN 1 RENTALS, ALL IN 1 RENTALS shall be entitled to recover possession of the vehicle, wherever found and from whosoever has possession thereof. The obligations of the Renter and the rights of ALL IN 1 RENTALS shall continue in full force and effect until the vehicle has been returned to ALL IN 1 RENTALS. Any costs incurred by ALL IN 1 RENTALS to retrieve the vehicle will be charged to the account of the Renter. The Renter shall give ALL IN 1 RENTALS 24 hours’ notice prior to the termination of the agreement, or his/her intention to extend the Rental Period. The Rental Period shall be extended on acceptance by ALL IN 1 RENTALS of the extended Rental Period proposed by the Renter.

6. The Renter/Driver

The vehicle may only be driven by the Renter. The Renter warrants that at all times the vehicle will not be driven by any person whose blood alcohol concentration exceeds the limit permitted by any applicable law or regulations or while under the influence of intoxicating liquor or narcotic drugs or similar substances, and that every person authorized in terms of this agreement to drive the vehicle will have a valid license to drive the vehicle, and that such person will comply with all applicable laws and will comply in all respects with the provisions of this agreement. The Renter warrants that he/she will inform ALL IN 1 RENTALS of any physical impairment of a person who wishes to be authorized to drive the vehicle, if that physical impairment may prejudice ALL IN 1 RENTALS in any way, if the vehicle has not been adapted to accommodate the physical impairment. Should the Renter fail to notify ALL IN 1 RENTALS of such physical impairment the Renter will bear the full liability and responsibility for Damages in the event of an Accident. If the vehicle is driven by anyone other than the Renter, then, without derogating from any rights or remedies which ALL IN 1 RENTALS may have the Renter shall remain liable for all his/her obligations in terms of this agreement and in particular, he/she shall be liable to ALL IN 1 RENTALS as if he/she had been driving the vehicle, and the Renter warrants that he/she is entitled and has the capacity to enter into this agreement, that all particulars given to ALL IN 1 RENTALS and/or recorded on rental agreement are true and correct.

7. Rental Rates and Charges

The Renter agrees to pay ALL IN 1 RENTALS the rental rates plus all other charges and fees opted for or utilized by the Renter as contemplated overleaf and up until the vehicle is returned to ALL IN 1 RENTALS, including, but not limited to miscellaneous charges, airport surcharges, tourism levy, Claims Administration Fee, Contract Fee, Traffic Fine Administration Fee, one way fee, over border charges, delivery fee, collection Fee, Collision Damage Waiver Fee (CDW/DW), Theft Loss Waiver Fee (TLW/LW), Personal Accident Insurance (PAI), fuel, additional driver(s) fee. Rental rates, charges, and fees will be calculated for the whole of the rental period (including any extended period as agreed by ALL IN 1 RENTALS) at the rates and on the basis set out in writing, and/or in the Official Rates Brochure, including all taxes levied on any amount payable by the Renter in determining the rental charges the distance travelled by the vehicle shall be determined from the vehicle’s odometer, or if this is not possible for any reason, by ALL IN 1 RENTALS. In its sole and absolute discretion, or any other fair and reasonable basis, the Renter shall be obliged to furnish all such information and assistance as ALL IN 1 RENTALS may reasonably require for that purpose. If the odometer has been tampered with, then the miles travelled will be deemed to be 500 miles per day. The Renter shall also be liable for all fines, penalties and like expenses including, but not limited to, parking, traffic and other offenses arising out of or concerning the use of the vehicle during the Rental Period and the Renter accordingly indemnifies ALL IN 1 RENTALS against all such liability. The Renter shall also be liable for all attorney and client costs incurred by ALL IN 1 RENTALS in instructing its attorneys to recover such outstanding expenses not paid by the Renter.

8. Payment

All payments are due on demand, but a latest on termination of the Rental Period (unless otherwise agreed in writing by ALL IN 1 RENTALS). All charges payable by the Renter shall be payable by credit card or in cash of the Rental Period unless the Renter has a valid account with ALL IN 1 RENTALS and/or ALL IN 1 RENTALS requires all or any of the charges to be prepaid in advance. In the event where a Renter chooses to pay cash for a rental, a cash handling fee will be charged and will be for the Renter’s account. The Renter will not be entitled to set-off or withhold payment of any amounts due in terms of this agreement for any reason whatsoever. If ALL IN 1 RENTALS has agreed to accept payment from the Renter by credit card or charge card specified in the agreement, the Renter’s signature of this agreement will constitute irrevocable authority for ALL IN 1 RENTALS to obtain authorization and/or payment. The signature will also constitute irrevocable authority for the issuer of the card to debit him with the total amount due to ALL IN 1 RENTALS including, but not limited to, any Damages and/or loss suffered by ALL IN 1 RENTALS. In the event that the Renter returns the vehicle to ALL IN 1 RENTALS prior to the termination of the Rental Period as specified on the reverse hereof, the Renter will pay, at the discretion of ALL IN 1 RENTALS either the usual rates and charges applicable to the Rental Period and/or miles actually used, or the rates and charges for the full Rental Period and/or miles actually occurred. In the event of an incident and/or if the vehicle is stolen and/or lost, the amount of the Damages and/or the total loss as suffered by ALL IN 1 RENTALS is payable by the Renter immediately on demand by ALL IN 1 RENTALS or its duly authorized representative. The Renter shall be obliged to accept the quotation for repairs as proof of quantum for the Damages caused to the vehicle. Damages in excess of $10,000.00 will be supported by an independent assessors’ report. The Renter, by signing the rental agreement, accepts full responsibility for the damages incurred for which he/she is liable. The Renter agrees that if payment is to be made by credit card his/her signature on the rental agreement shall constitute authority to debit his/her credit card for the total amount due including his/her full liability for any damages incurred. If any amount is not paid on due date ALL IN 1 RENTALS may without prejudice to any rights it may have, charge interest on the overdue amount at the applicable prescribed legal rate or prime as charged by Bank of America plus 3%, whichever is higher, and in the sole discretion of ALL IN 1 RENTALS. A certificate of any director, manager or accountant of ALL IN 1 RENTALS as to any amount owed by the Renter to ALL IN 1 RENTALS LLC shall constitute prima facia proof of that amount.

9. Renter’s Risks and Liabilities

If the Renter does not provide full coverage insurance or requires the use of ALL IN 1 RENTALS automobile insurance, he/she is responsible for the first $10,000 security deposit deductible in the event of vehicle damage. The Renter shall assume the sole risk of the vehicle from the time that the key and/or the vehicle is handed to the Renter in terms of clause 3 until such time as the vehicle and key is returned in terms of clause 5. The Renter is liable for all fines and/or penalties incurred during the Rental Period and hereby authorizes ALL IN 1 RENTALS to disclose any information required by a relevant authority to process any such fines and/or penalties which are incurred during the Rental Period. Should the vehicle be involved in an incident, damaged, stolen, and/or lost in a situation where there was a breach of any of the terms and conditions as contained herein, the Renter will be liable for the total loss and/or damage suffered by ALL IN 1 RENTALS, notwithstanding the fact that waivers were opted for. The First Amount Payable or Excess and the claims administrative fee is not covered by ANY of the waivers and will be for the Renter’s own account. Vehicles assigned to this contract are registered and insured to and by ALL IN 1 RENTALS and State Of OHIO INSURANCE.

10. No Agency

Neither Renter nor any other driver of the Vehicle shall be, or is deemed to be an agent, servant, or employee of ALL IN 1 RENTALS for any purpose during the terms of this Agreement. Renter shall completely assume full responsibility for the Vehicle to the public and any regulatory body having jurisdiction.

11. Assignment of Insurance Benefits

Renter hereby assigns any and all insurance rights, benefits, proceeds, and any causes of action under any applicable insurance policies to ALL IN 1 RENTALS, for services rendered, to be rendered, or losses sustained by Company. In this regard, Renter waives his/her privacy rights. Renter makes this assignment in consideration of ALL IN 1 RENTALS agreement to perform services and supply the rental vehicle and otherwise perform its obligations under the contract. Renter also hereby directs his/her insurance carrier(s) to release any and all information requested by ALL IN 1 RENTALS, its representative, and/or its Attorney for the direct purpose of obtaining actual benefits to be paid by Renter’s insurance carrier(s) for services rendered or to be rendered or loss sustained to the rental vehicle. Renter hereby grants ALL IN 1 RENTALS irrevocable power-of-attorney and express permission to endorse Renter’s name on any and all checks received from an insurance company of Renter’s behalf for services provided by ALL IN 1 RENTALS or losses sustained by ALL IN 1 RENTALS. Renter agrees that any position of services, deductibles, depreciation, loss of use, diminished value, or additional losses requested by the Renter, not covered by insurance must be paid by Renter. Renter also hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to ALL IN 1 RENTALS.

12. Personal Accident Insurance (PAI)

If the Renter accepts the purchase of personal accident insurance as indicated on the Agreement, his/her acceptance shall constitute an acceptance by him/her of the benefit of the personal accident insurance policy and other accompanying arrangements, if any, procured by ALL IN 1 RENTALS, for his/her benefit, but subject to all the terms and conditions of that policy and the other accompanying arrangements, if any, and the Renter acknowledges that ALL IN 1 RENTALS itself shall not under any circumstances have any liability to him/her under or for any of the benefits under that policy or the accompanying arrangements, if any. Details of the policy and a separate explanatory material (and details of the other accompanying arrangements, if any) are available for inspection by the Renter at ALL IN 1 RENTALS website and the Renter, shall in any event, be deemed to be aware of and accept all the terms and conditions of the and the other arrangements, if any.

13. Procedure in the Event of an Accident Involving the Vehicle

If at any time the vehicle is involved in an incident, damaged, act of god, stolen and/or lost: the Renter shall take every reasonable precaution to safeguard the interest of ALL IN 1 RENTALS including but without limited to, the following where appropriate, as failure to adhere to the latter will result in the Renter being liable for the full and/or total loss: The Renter shall notify ALL IN 1 RENTALS immediately or within 3 hours of becoming aware of the occurrence and shall within 24 hours of the occurrence complete and furnish to ALL IN 1 RENTALS standard claim form together with a copy of his/her Driver’s license. The Renter shall obtain the name(s) and addresses of everyone and of witnesses. The Renter shall not admit or claim responsibility or liability nor release any party from any liability or potential liability nor settle any claim or potential claim against or by any party nor accept any disclaimer of liability. The Renter shall report all incidents and/or theft and/or damage regardless of the value or nature to the police within 24 hours after its occurrence and the Renter shall furnish to ALL IN 1 RENTALS a reference, case or docket number: The Renter shall make adequate provision for the safety and security of the vehicle and will not abandon the vehicle under any circumstances and will retain possession of the keys at all times. The Renter shall cooperate with ALL IN 1 RENTALS and its insurer in any investigation, the making or instituting of any claim or action and the defense of any prosecution, claim or action relating to any accident, theft or damage (including: Inter alia, deposing of an affidavit or giving evidence in court if he/she is requested to do so). If the Renter is not the Driver or Additional Driver, then, without in any way derogating from the Renter’s obligations in terms of this clause 13, the Renter shall procure that the Driver or Additional Driver complies with the provisions above and the Renter warrants that the Driver or Additional Driver shall do so. The Renter shall within 24 hours of receipt thereof furnish to ALL IN 1 RENTALS (and if the Renter is not the Driver or Additional Driver, the Renter shall also procure that the Driver or Additional Driver does) any notice of claim, demand, summons or the like which the Renter or the Driver may receive in connection with the vehicle. The Renter warrants that the information completed on claim form as referred to above, will be complete, true and correct in every aspect.

14. Release, Waiver and Indemnification

Renter must sign the attached RELEASE AND ASSUMPTION OF RISK (attached hereto as Addendum A).

Furthermore, neither ALL IN 1 RENTALS nor any of its directors, officers, employees, servants or agents shall be liable for any loss or damage (including, without limitation, any loss or damage to property left or transported in the vehicle, any loss of life or any loss or damage arising from the installation or condition of a child seat or any other accessory in and/or on the vehicle), whether direct, indirect, consequential or otherwise arising from the rental by the Renter of the vehicle, including, without limitation, any defect in and/or mechanical failure of the vehicle (howsoever arising and of whatever nature) or the failure of ALL IN 1 RENTALS to detect defects in or mechanical problems with the vehicle and whether such loss or damage results from breach of contract or defect, including negligence or gross negligence or otherwise which may be suffered by the Renter and/or any third party and/or passenger, its directors, officers, employees, servants or agents are accordingly indemnified by the Renter or his/her estate against any claim of any nature whatsoever and howsoever arising from any damages or loss which might be instituted against them arising from or connected with or pursuant to the renting of the vehicle contemplated in these terms and conditions.

15. Loss of Use/Diminished Value

Renter agrees to reimburse ALL IN 1 RENTALS for loss revenues for the inability of ALL IN 1 RENTALS to rent the Vehicle due to the default of the Renter or any damage caused by Renter. Loss revenue shall be calculated as the daily rental rate of the vehicle times the number of days the vehicle is out of use, due to the fault of the Renter. Diminished value of the vehicle due to the fault of the Renter shall be calculated and added to the final settlement value. If Renter’s insurance provider denies coverage of vehicle for any reason, the Renter can be held liable for three times the amount of the vehicle’s market value.

16. General

If any provision of this Agreement is found by a court of law to be invalid or void, such provision will be severed from the Agreement, without affecting the remainder of the provisions. No extension, latitude or other indulgence that may be given or are allowed by any party in respect of performance of any obligation hereunder, and no delay or forbearance in the enforcement of any party arising from this Agreement, and no single or partial exercise of any right of any party under this Agreement will be in any circumstances be construed as implied consent or election by such party or operate as a waiver or a novation of or otherwise affect any Party’s rights in terms of or arising from this Agreement or stop or preclude any such party from enforcing at any time and without notice, strict and punctual compliance with each and every provision or terms here of. The Renter authorized ALL IN 1 RENTALS to insert any particulars in the Agreement which are not known or are unavailable at the time of signature hereof in order to rectify any bona fide errors in fact, figure or calculation. This Agreement and all matters or disputes arising there from or incidental thereto shall be governed and construed in accordance with the laws of the State of OHIO and the United States.

The Renter shall not be entitled to cede any of his/her rights or obligations under this Agreement or to rent or part with possession of the vehicle, its tires, tools or equipment or any part of it. The Renter chooses the address specified in the Agreement as his/her address for service of all legal processes. ALL IN 1 RENTALS shall be entitled to carry out a credit check on a Renter with one or more credit agencies who may retain a record thereof and ALL IN 1 RENTALS shall be entitled to record any default by the Renter with any credit agency.

Such records may be made available by the credit agency to third parties. In which case ALL IN 1 RENTALS shall not be held liable, responsible for any repercussions such disclosure may have on the Renter. ALL IN 1 RENTALS may monitor the applicant Renter’s payment behavior by researching their profile at one or more of the credit agencies. ALL IN 1 RENTALS may use new information and data from credit agencies in respect of the applicant Renter’s future credit applications. ALL IN 1 RENTALS may record the existence of the applicantRenter’s account with the credit agencies. ALL IN 1 RENTALS may record and transmit details of how the applicant Renter has performed and how the account is conducted by the applicant Renter in meeting their obligations on the account.

The Renter acknowledges that certain vehicles may be fitted with a vehicle management system, which is used to inter alia, record speed and other information related to the vehicle rented. ALL IN 1 RENTALS shall be entitled to use such information (including in court proceedings) as it deems fit. If the Driver and/or Additional Driver (if applicable) is not the same as the Renter, then the Driver and/or Additional Driver shall bind(s) himself/themselves as surety and co-principal debtor in solidum with the Renter in favor of ALL IN 1 RENTALS for the due fulfillment of all of the obligations of the Renter to ALL IN 1 RENTALS in terms of this Agreement. ALL IN 1 RENTALS reserves the right of venue for any and all litigation to be OHIO. Each party, to the extent permitted by law, knowingly, voluntarily, and intentionally waives its right to a trial by jury in any action or other legal proceeding arising out of or relating to this Agreement and the transactions it contemplates. This waiver applies to an action or legal proceeding, whether sounding in contract, tort or otherwise.

Any and all costs incurred by ALL IN 1 RENTALS to enforce this Agreement, whether litigation is instituted or not, are agreed to be paid by the Renter, In the event of further litigation, the parties agree that venue shall lie in OHIO, both at the state and appellate levels.

17. Entire Agreement

This document contains the entire Agreement between the parties regarding the matters contained herein and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded in writing by ALL IN 1 RENTALS, other than ALL IN 1 RENTALS agreeing to extend the agreed return date for the vehicle.