Terms & Conditions
Car Rental Agreement between Corsa Nero LLC and Renter
⚠️ IMPORTANT - READ BEFORE RENTING
BY ACCEPTING THIS AGREEMENT, RENTER AUTHORIZES OWNER TO VERIFY OR OBTAIN PERSONAL, INSURANCE, AND BACKGROUND INFORMATION THROUGH APPROPRIATE AGENCIES OR OTHER SOURCES AS NECESSARY, INCLUDING BUT NOT LIMITED TO DRIVER'S LICENSE VERIFICATION, INSURANCE VERIFICATION, AND BACKGROUND CHECKS.
THIS AGREEMENT CONSTITUTES THE ENTIRE UNDERSTANDING BETWEEN RENTER AND OWNER AND CANNOT BE ALTERED BY ORAL AGREEMENT OR UNILATERAL MODIFICATION. ANY MODIFICATION MUST BE MADE IN WRITING AND SIGNED BY BOTH PARTIES.
This Terms & Conditions for the Car Rental Agreement ("Agreement") is entered into and effective as of the rental date shown on the official rental receipt (the "Effective Date") by and between Corsa Nero LLC, a Michigan Limited Liability Company, located at 24522 Michigan Ave, Dearborn, MI 48124 ("Owner"), and the customer identified on the rental receipt ("Renter"). Collectively, the Owner and Renter may be referred to as the "Parties."
Rental Requirements
To rent from Corsa Nero, you must meet ALL of the following requirements:
- Age: Minimum 18 years old with valid driver's license
- Insurance: Full coverage insurance (comprehensive and collision) sufficient to cover the value of the rented vehicle. Insurance policy must NOT be newly issued.
- Driving Record: Clean driving record required. No DUIs, reckless driving, or major violations.
- Security Deposit: Refundable deposit ranging from $550 to $1,000+ depending on vehicle value
1. Definitions
1.1 "Additional Authorized Driver(s)" or "AAD(s)" refers to individuals, other than the Renter, permitted by the Owner to operate the rented Vehicle, including Renter's spouse or domestic partner, provided they meet all rental qualifications.
1.2 "Optional Accessories" include, but are not limited to, child seats, GPS systems, ski racks, toll transponders, or other add-ons agreed to by Renter.
1.3 "Owner" means Corsa Nero LLC or any of its legal affiliates.
1.4 "Rental Period" means the duration between the time the Vehicle is delivered to or picked up by the Renter and the time it is returned and inspected by the Owner.
1.5 "Renter" is the individual or business listed on the rental receipt and agreement.
1.6 "Vehicle" refers to the specific car provided by the Owner for rental, including any replacement vehicle(s) if applicable.
1.7 "Detroit Metropolitan Area (DMA)" means Wayne, Oakland, Macomb, and Washtenaw counties in Michigan.
2. Ownership, Vehicle Condition, Renter Warranties & Owner Warranty Exclusions
2.1 Vehicle Rental
The Owner rents the Vehicle to the Renter as described in the rental receipt.
2.2 Return Condition
The Renter agrees to return the Vehicle in the same condition as received, with FUEL AT THE SAME LEVEL AS WHEN TAKEN, WITH THE SAME TYPE OF GAS.
2.3 Geographic Restriction
The Renter acknowledges and agrees that the Vehicle is for use only in the Detroit Metropolitan Area (Wayne, Oakland, Macomb, and Washtenaw counties), and cannot be taken elsewhere without prior written approval.
2.4-2.5 Renter Warranties
The Renter represents and warrants that they:
- Have a legal and valid license to drive the Vehicle
- Have no outstanding warrants against said license or Renter
- Have insurance that will cover the operation of the Vehicle for its intended purpose
- Have comprehensive & collision insurance that applies to rental vehicles
2.6 No Smoking Policy
Smoking inside the Vehicle is strictly prohibited. Evidence of smoking (including odor, ashes, burn marks, residue, or vaping aerosol) incurs a $500 cleaning/ozone fee. Renter authorizes Owner to apply the fee against the deposit or card on file.
2.7-2.11 Vehicle Acceptance & Warranty Disclaimer
The Renter:
- Acknowledges that Vehicle is property of Owner or its affiliate
- Confirms they inspected the Vehicle and it is in good, operable condition
- Is not an agent of Owner and has no authority to bind Owner
- Agrees they received Vehicle "AS IS" and had adequate opportunity to inspect
- Agrees not to alter or tamper with Vehicle
OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
2.12 Tracking/Telematics - Protection & Anti-Tamper
SYSTEMS INSTALLED: Vehicle is equipped with GPS tracking, telematics, OBD-II, OnStar, EDR, dashcam, and/or other monitoring systems to protect Owner's asset, aid safety and recovery, and monitor Vehicle operation and use.
TAMPERING STRICTLY PROHIBITED: Any attempt to locate, identify, remove, unplug, block, disable, or tamper with ANY tracking or telematics device is strictly prohibited and constitutes a material breach of this Agreement.
THIRD-PARTY DEVICES: Vehicle may contain tracking devices installed by previous owners, lien holders, financing companies, or other third parties. Renter shall not remove, tamper with, or disable ANY device found in or on the Vehicle, regardless of who installed it or for what purpose.
FEES FOR TAMPERING (good-faith estimates):
- Immediate complete forfeiture of all security deposits
- $250 per device tampering/replacement fee (or actual cost if higher)
- Loss of use charges at daily rental rate during repair period
- Immediate rental termination
- Vehicle recovery fee per Section 3.4(a)
- All actual recovery costs incurred by Owner
EVIDENCE OF TAMPERING: Includes but not limited to unplugged devices, cut wires, removed hardware, disabled systems, or any unexplained gap in tracking data during Renter's possession of Vehicle.
3. Payment by Renter
3.1-3.2 Base Rental Charges
Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day. Renter shall pay Owner amounts set forth on the Rental Agreement Summary for:
- a) Hour, day, week and month charges for the Rental Period
- b) Mileage charge per mile for all miles exceeding any free miles
- c) Optional Accessories, services and/or products charges
- d) Fuel charges as described below
- e) One way fee, fees for AAD(s) and/or fees based on Renter or AAD(s) age
3.3 Fuel Charge Policy
Under this Car Rental Agreement, if the Renter does not return the Vehicle with the gas tank full of the required type of fuel, the Renter agrees to a flat-rate fuel charge ("Fuel Charge"). The Fuel Charge is calculated based on:
- Estimated average cost of fuel during the rental period
- Anticipated time and distance that the rented vehicle will be driven
- Time taken by the Owner team to fuel the vehicle
The Fuel Charge is calculated at the beginning of the rental period and is non-negotiable and non-refundable. The Fuel Charge is payable in advance or may be taken from the Deposit. The Renter is required to pay the Fuel Charge in full, regardless of the actual mileage driven or fuel consumed.
3.4 Additional Obligations of Renter
Unless prohibited by law, Renter shall pay Owner:
| Fee Type | Amount |
|---|---|
| Vehicle recovery fee (unauthorized location return) | Greater of: $300, $4/mile, or adjusted daily rate |
| Traffic violation processing fee | $25 per incident + 18% processing fee |
| Tollpass convenience charge (TCC) | $5/day (max $25 per rental) + actual tolls |
| Late payment charge | 1.5% per month (not to exceed legal max) |
| Declined transaction fee | $50 per declined transaction |
For all fines, costs, charges and attorneys' fees paid or to be paid by Owner for legal violations, parking, tolls, towing and storage occurring during the Rental Period. Renter consents to payment of all fines, tolls and violations by Owner without advance notice.
3.5 Credit/Debit Card Authorization
IF A CREDIT CARD OR DEBIT CARD HAS BEEN PRESENTED AS A MEANS OF PAYMENT, DEPOSIT OR SECURITY, RENTER AUTHORIZES OWNER TO SUBMIT FOR PAYMENT ON SUCH CARD(S) ALL AMOUNTS OWED UNDER THIS AGREEMENT INCLUDING:
- Base rental charges and deposits (initial and additional)
- Damage charges discovered during rental or within 90 days after return
- Violation fees, fines, and penalties
- Tracking device tampering fees ($250 per device)
- Unauthorized driver fees ($500)
- Recovery costs, towing fees, and storage
- Late fees and collection costs
- Legal fees if applicable
- Any other amounts authorized by this Agreement
THIS AUTHORIZATION CONTINUES FOR 90 DAYS AFTER RENTAL CONCLUSION OR UNTIL ALL OBLIGATIONS ARE SATISFIED, WHICHEVER IS LATER.
Renter agrees to contact Owner directly to resolve billing disputes before initiating a chargeback. Owner will defend all chargebacks with complete documentation. Renter remains liable for all valid charges even if chargeback is initiated, and is liable for Owner's costs to defend wrongful chargebacks.
IN THE EVENT OWNER INITIATES ANY CHARGE THAT IS DISHONORED FOR ANY REASON, RENTER AUTHORIZES OWNER TO RE-INITIATE SUCH CHARGE WITHOUT FURTHER AUTHORIZATION, PLUS A $50 PROCESSING FEE PER DECLINED TRANSACTION.
3.6 Security Deposit
As part of this Car Rental Agreement, the Renter shall provide a Security Deposit ("the Deposit") to cover potential costs including damages, tow charges, unpaid tolls, traffic violations, or any other charges.
Deposit Reduction During Rental Period: If any chargeable incident reduces the Deposit during the rental, Owner reserves the right to immediately deduct the corresponding charges.
Mandatory Top-Up: Should the Deposit be reduced for any reason during the rental period, the Renter is required to replenish the Deposit back to the original amount within 24 hours of being notified. Failure to replenish may lead to immediate termination of this Agreement without any refund and may result in remote shutdown of the Vehicle.
Return of Deposit: Subject to any deductions, the Deposit will be returned after final inspection (typically 24-72 hours).
4. Limits on Use and Termination of Right to Use
4.1(a) Authorized Drivers ONLY
UNAUTHORIZED DRIVER FEE: $500
Vehicle shall not be driven by any person other than Renter or AAD(s) without Owner's prior written consent.
Giving keys, access, fobs, or control to ANY unauthorized person—even temporarily—constitutes UNAUTHORIZED USE, regardless of Renter's intent, relationship to that person, or subsequent claims about circumstances.
RENTER MAY NOT CLAIM "THEFT" OR "UNAUTHORIZED USE" AS A DEFENSE IF RENTER VOLUNTARILY GAVE KEYS, ACCESS, OR CONTROL TO ANOTHER PERSON, even if:
- The relationship later deteriorated
- The person refused to return Vehicle
- Renter claims they were coerced, threatened, or under duress
- Renter claims mental distress, fear, or diminished capacity
Renter remains FULLY LIABLE for all actions of any unauthorized driver as if Renter committed those actions personally.
PENALTIES:
- $500 unauthorized driver fee
- Immediate rental termination
- Complete forfeiture of all deposits (non-refundable)
- All resulting costs (recovery, damage, violations, etc.)
- Owner may remotely disable and recover Vehicle immediately
4.1(d) Three-Strike Speeding Policy
The Owner implements a three-strike policy for speeding violations. Each time the Renter or any Additional Authorized Driver is caught speeding (100+ mph OR 25+ mph over posted limit), it will be considered a strike.
First Strike: Written warning
Second Strike: $250 excessive speeding fee (estimated increased insurance risk, administrative time, and wear) plus final warning
THIRD STRIKE - IMMEDIATE CONSEQUENCES:
- Vehicle remotely disabled wherever located
- Rental immediately and automatically terminated
- ALL deposits forfeited (100% non-refundable)
- Vehicle recovered at Renter's sole expense
- Recovery fee per Section 3.4(a) plus all actual recovery costs
- No refunds of any prepaid amounts
- Renter permanently banned from future rentals
Speeding violations are determined by GPS/telematics data, which is presumed accurate absent clear, credible contrary evidence.
4.1(i) Geographic Restrictions
Vehicle shall not be driven or taken outside the Detroit Metropolitan Area (Wayne, Oakland, Macomb, and Washtenaw counties) without prior written authorization.
| Violation Type | Fee |
|---|---|
| Unauthorized Michigan travel outside DMA | $250/day |
| Unauthorized out-of-state travel | $500/day plus recovery costs |
4.1 Additional Prohibited Uses
Vehicle shall NOT be used for:
- b) Transporting persons for hire, as a school bus, or for driver training
- d) Any illegal purposes, reckless manner, racing, speed contests, or to tow/push anything
- e) Carrying passengers in excess of seat belts or outside passenger compartment
- f) Removing any seats from Vehicle
- g) Operation while impaired by alcohol, narcotics, intoxicants, or drugs
- h) Loading in excess of GVWR or with improperly divided load
- j) Driving on unpaved roads or off-road
- k) Operation by anyone with fictitious name, false address, false/invalid license, or who misrepresents facts
- m) Storing or transporting explosives, chemicals, corrosives, or hazardous materials
- n) Carrying passengers under age 7 without federally approved child restraint
- o) Testing Vehicle's technological components or capabilities
4.1(p) Odometer Tampering
ODOMETER TAMPERING is strictly prohibited. If tampering is detected or mileage cannot be verified, mileage shall be calculated at 500 miles per day, which represents Owner's reasonable estimate based on average luxury vehicle rental patterns and is final and binding unless Renter provides contemporaneous third-party documentation proving actual mileage with clear and convincing evidence.
4.2 Return Requirements
Renter agrees to return Vehicle and any Optional Accessories on or before return date to the address stated on the Rental Agreement Summary or on Owner's demand, in same condition as received (ordinary wear and tear excepted). Extensions are at Owner's option. The deposit will be held until full inspection of the vehicle is conducted, typically within 24-72 hours.
4.3-4.4 Termination & Vehicle Seizure
In the event of any violation, Owner automatically terminates Renter's right to use Vehicle without any further notice. Owner has the right to seize Vehicle without legal process. Renter waives all claims for damages connected with such seizure, including loss or damage to contents.
If Renter continues to operate Vehicle after termination, Owner has the right to notify police Vehicle has been stolen. Renter releases and discharges Owner from and indemnifies Owner against any liability arising from such notice.
4.5 Minor Damages
The Renter acknowledges that minor damages (rim scratches, paint chips) may occur during the Rental Period. THE COST OF REPAIRING SUCH MINOR DAMAGES WILL BE DEDUCTED FROM THE RENTER'S DEPOSIT AS PER THE PRICING PROVIDED BY THE OWNER.
4.6 Post-Return Discovery (90 Days)
Owner may charge for damage or violations discovered within 90 days after return, including:
- Hidden damage not immediately apparent (undercarriage, suspension, alignment)
- Mechanical/internal damage (clutch, transmission, engine, differential)
- Tracking device damage or tampering discovered during maintenance
- Third-party citations, toll violations, or parking tickets received after return
- Diminished value from accident history or damage
Renter's payment card authorization in Section 3.5 remains active for this 90-day period.
4.7 False Claims
PROHIBITION: Making false or fraudulent statements to Owner, law enforcement, insurance companies, credit card companies, or courts regarding theft, unauthorized use, damage, or any aspect of this rental constitutes material breach and fraud.
CONSEQUENCES - If Renter files a false theft report, chargeback claim, or insurance claim, Renter agrees to pay:
- All of Owner's actual legal fees and court costs
- All actual investigative costs (private investigators, forensic analysis, etc.)
- Owner's actual staff time and expenses responding to the false claim
- All amounts Owner must pay to defend the false claim
- Damages as determined by court
MONITORING: ALL rental activity is monitored, tracked, and recorded, including GPS location data, speed, driving behavior, and phone calls (recorded under Michigan one-party consent law MCL 750.539c).
TIMELINE CONSIDERATION: Theft claims made MORE THAN 4 HOURS after alleged theft will be carefully scrutinized, especially if Renter was in contact with Owner, made payments related to Vehicle use, or GPS data shows coordinated movement during the alleged theft period.
4.8 Harassment, Threats & Abusive Conduct
PROHIBITION: Renter shall not engage in threatening, harassing, intimidating, abusive, or coercive conduct toward Owner, its employees, agents, or representatives.
PROHIBITED CONDUCT includes but is not limited to:
- Threats of physical harm, violence, or property damage
- Extortion (demanding property or money using threats)
- Threats combining lawsuit with demand for payment
- Racial, ethnic, religious, or other discriminatory statements or slurs
- Demands for Owner's property (vehicles, equipment, money beyond amounts owed)
- Repeated hostile, abusive, or profane communications
- Threats to harm Owner's business reputation through false statements
CONSEQUENCES - ANY such conduct results in:
- Immediate and permanent contract termination
- Complete forfeiture of all deposits and prepayments (non-refundable)
- Immediate remote disable and Vehicle recovery at Renter's expense
- Potential legal action and criminal complaints
- Renter remains liable for ALL amounts owed despite termination
RECORDING NOTICE: All telephone calls, in-person conversations, and communications with Owner may be recorded under Michigan one-party consent law (MCL 750.539c) for quality assurance, training, dispute resolution, and legal purposes. By entering into this Agreement, Renter consents to such recording.
5. Roadside Assistance
For roadside assistance call 1-800-307-6666 and you will be connected to a third party roadside assistance provider. Charges apply for any service(s) provided to Renter. RENTER ACKNOWLEDGES AND AGREES THAT THEY SHALL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH ROADSIDE ASSISTANCE, INCLUDING COSTS FOR TOWING, which Owner shall have the authority to draw from any applicable security deposits.
6. Accidents
Damage to, loss or theft of, Vehicle must be immediately reported in writing to the office where Vehicle was rented, and in no event later than 3 hours or the following business day after the accident. Renter and AAD(s) must immediately deliver to the office every process, pleading or paper relating to any claims, suits or proceedings arising from such accident.
In the event of a claim, suit or legal proceeding, Renter and AAD(s) shall cooperate fully with Owner and its representatives. Vehicle may be equipped with an event data recorder or similar device for recording data about Vehicle operation. To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR.
7. Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs
Except to the extent restricted, modified, or limited by Michigan law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories or any part or accessory regardless of fault or negligence of Renter or any other person or act of God.
Renter shall pay Owner the amount necessary to repair Vehicle or Optional Accessories. Renter shall not have Vehicle or Optional Accessories repaired without permission from Owner.
If Vehicle is stolen and not recovered or Owner determines Vehicle is salvage, Renter shall pay Owner the fair market value less any sale proceeds. For purposes of this Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss.
Damages for which Renter is also responsible include:
- • Loss of use regardless of fleet utilization (total labor hours from the repair estimate divided by 4, multiplied by the daily rate)
- • Claim administrative fees: $50 if repair estimate < $500; $100 if $500–$1,499; $150 if ≥ $1,500
- • Diminishment of value: 10% of the repair estimate if damages are greater than $499
- • Towing, storage or impound fees
- • Other costs incurred by Owner to recover Vehicle and establish damages
8. Responsibility to Third Parties
Owner complies with applicable Michigan motor vehicle financial responsibility laws as an insured, a state certified self-insurer, bondholder, or cash depositor. Except to the extent required by Michigan motor vehicle financial responsibility laws or otherwise by Michigan law, Owner does not extend any of its motor vehicle financial responsibility or provide insurance coverage to Renter, AAD(s), passengers or third parties through this Agreement.
If valid automobile liability insurance or self insurance is available on any basis to Renter, AAD(s) or any other driver and such insurance or self insurance satisfies the applicable Michigan motor vehicle financial responsibility law, then Owner extends none of its motor vehicle financial responsibility.
However, if Renter and AAD(s) are in compliance with the terms and conditions of this Agreement and if Owner is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner's obligation is limited to the applicable Michigan state minimum financial responsibility amounts.
Unless required by Michigan law, Owner's financial responsibility shall not extend to any claim made by a passenger while riding in or on or getting in or out of Vehicle. Owner's financial responsibility shall not extend to liability imposed or assumed by anyone under any worker's compensation act, plan or contract.
9. Indemnification by Renter
Renter shall defend, indemnify, and hold harmless Owner and its managers, members, directors, officers, employees, and agents from and against all third-party claims, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising out of or related to the rental or use of the Vehicle or Optional Accessories by any person, except to the extent caused by Owner's gross negligence or willful misconduct. Renter may present a claim to Renter's insurance carrier; however, Renter remains ultimately responsible to Owner for all amounts not paid by insurance.
10. Personal Injury Protection and Uninsured/Underinsured Motorist Protection
Except as required by Michigan law, Owner or its affiliate do not provide personal injury protection, no fault benefits or medical payment coverage (collectively "PIP") or uninsured/underinsured motorist protection ("UM" or "UIM") through this Agreement. If Owner or its affiliate is required by Michigan law to provide PIP and/or UM/UIM, Renter expressly selects such protection in the minimum limits with the maximum deductible and expressly waives and rejects PIP and/or UM/UIM limits in excess of the minimum limits required by Michigan law.
11. Personal Property
Owner is not responsible for any damage to, loss or theft of Renter's personal property or data contained therein, whether the damage or theft occurs during or after termination of the rental regardless of fault or negligence. Renter acknowledges and agrees that no bailment is or shall be created upon Owner for any personal property carried in or left in Vehicle or on Owner's premises.
Owner is not liable for and Renter shall defend, indemnify and hold Owner and its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees and other expenses incurred by Owner or its affiliate(s) arising from Renter's or Renter's passengers' failure to remove any personal property, including data or records downloaded or transferred to Vehicle.
12. Third Party Proceeds
If a third party, including an insurance company, authorizes payment of any amount owed by Renter under this Agreement, Renter hereby assigns to Owner Renter's right to receive such payment. Only those amounts actually paid by a third party to Owner shall reduce the amount owed by Renter under this Agreement.
Certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner's per-day charges or the per diem benefits under the applicable insurance policy. In such event the flat fee might exceed or be less than the normal per-day charges. Renter remains responsible for all charges not paid by the third parties, such as charges for vehicle upgrades, optional products, extra rental days, and all other charges.
13. Power of Attorney
Renter hereby grants and appoints to Owner a limited power of attorney:
- a) To present insurance claims of any type to Renter's insurance carrier and/or credit card company if:
- i. Vehicle is damaged, lost or stolen during the Rental Period and if Renter fails to pay for any damages; or
- ii. Any liability claims against Owner arise in connection with this rental transaction and Renter fails to defend, indemnify and hold Owner harmless from such claims.
- b) To endorse Renter's name to entitle Owner to receive insurance, credit card and/or debit card payments directly for any such claims, damages, liabilities or rental charges.
14. Severability
If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. Any unenforceable fee provision becomes enforceable to the maximum lawful amount reflecting the Parties' intent to set reasonable liquidated damages (not penalties).
15. Limitation of Remedy/No Consequential Damages
15.1 If Owner breaches any of its obligations under this Agreement and/or if Vehicle has any mechanical failure or other failure not caused by Renter or AAD(s) and if Owner is liable under applicable law for such breach or Vehicle failure, Owner's sole liability to Renter and AAD(s) and Renter's and AAD(s)' sole remedy is limited to the substitution of another similar Vehicle by Owner to Renter and to recovery by Renter of the pro rata daily rental rate for the period in which Renter or AAD(s) did not have use of Vehicle or substitute Vehicle.
15.2 RENTER AND AAD(s) WAIVE ALL CLAIMS FOR CONSEQUENTIAL, PUNITIVE, AND INCIDENTAL DAMAGES THAT MIGHT OTHERWISE BE AVAILABLE TO RENTER OR AAD(s). SUCH DAMAGES ARE EXCLUDED AND NOT AVAILABLE TO RENTER OR AAD(s).
Renter further acknowledges that any personal data or information downloaded or transferred to Vehicle may not be secure and may be accessible after the Rental Period. Renter releases Owner from any liability resulting from or otherwise arising out of any such data or information being accessed and/or utilized by a third party.
16. Telematics Notice & Release
16.1 SYSTEMS & FUNCTIONALITY: Vehicle may be equipped with OnStar or other telematics systems (including GPS, EDR, diagnostics, and crash notification). Some or all functionality may be inactive or deactivated automatically without notice.
16.2 PRIVACY ACKNOWLEDGMENT: Such systems use wireless technology; privacy cannot be guaranteed.
16.3 AUTHORIZATION: Unless prohibited by law, Renter authorizes (i) collection/use of location and operational data, (ii) automatic crash notification, (iii) disablement of the Vehicle by the telematics provider or Owner when legally permitted, and (iv) retrieval of diagnostic/performance data. Renter shall inform any and all AAD(s) and passengers of this Section 16.
16.4 RELEASE: Renter releases and agrees to indemnify Owner, telematics providers, wireless carriers, and component suppliers from claims arising from normal operation or failure of such systems, except to the extent caused by Owner's gross negligence or willful misconduct.
16.5 PROVIDER TERMS: Use of the Telematics System is subject to the terms and conditions and privacy statement posted by the applicable provider and/or vehicle manufacturer (e.g., OnStar).
16.6 ANTI-TAMPER CONTROLS: Section 2.12 (Tracking/Telematics – Protection & Anti-Tamper) governs prohibitions, evidence standards, and fee remedies for interference with any device. Remedies in §2.12 are in addition to any other rights or remedies under this Agreement or law.
17. Headings
The headings of the numbered paragraphs of this Agreement are for convenience only, are not part of this Agreement and do not in any way limit, modify or amplify the terms and conditions of this Agreement.
18. Release of Information to Third Parties
Renter agrees Owner may, and Renter expressly authorizes Owner, to provide information in Owner's possession about Renter and AAD(s), including but not limited to such driver's name, address, cellular/mobile and other phone numbers, driver's license and/or credit/debit card information to applicable authorities or other third parties, in connection with this Agreement including providing Renter's personal data to third parties which conduct services on Owner's behalf (such as consumer satisfaction surveys) and consent to Owner or Owner's representatives contacting Renter.
19. Electronic Signatures and Legal Notices
19.1 Parties agree that any signature or other electronic symbol or process attached to or associated with this Agreement with the intent to sign, authenticate or accept the terms of this Agreement will have the same legal validity and enforceability as a manually executed wet signature or use of a paper-based record-keeping system to the fullest extent permitted by Michigan law, including the Michigan Uniform Electronic Transactions Act (MCL 450.831 et seq.), and Parties hereby waive any objection to the contrary.
19.2 Parties consent to providing and receiving notices under this Agreement electronically and understand that this consent has the same legal effect as a physical signature. Parties may deliver notifications regarding activity and alerts electronically through Parties' emails, or to any subsequent address designated by either Party.
20. Choice of Law
All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of the State of Michigan without giving effect to the conflict of laws provisions of such State.
21. Dispute Resolution
21.1 Any disputes, controversies, or differences arising out of or in connection with this contract, including any question regarding its existence, validity, or termination ("Disputes"), shall be resolved as follows:
- a) First, by mutual negotiation between the Parties' senior representatives. In the event of a Party notifying the other of a Dispute, each Party shall designate a senior representative with a designation of Director or above, and the representatives shall meet to attempt to resolve the Dispute in good faith.
- b) In the event mutual negotiation fails to resolve a Dispute within thirty (30) calendar days of the Dispute first arising, either Party may refer the dispute for resolution by mediation in Wayne County, Michigan, at the American Arbitration Association in accordance with its mediation rules. In the event the Parties settle their Dispute through mediation, they shall record their settlement as a binding settlement contract.
- c) In the event mediation fails to resolve a Dispute within sixty (60) calendar days of the Parties' first meeting with a duly appointed mediator, either Party finally resolves the Dispute by arbitration administered by the American Arbitration Association in accordance with the arbitration rules for the time being in force. The seat of the arbitration shall be Wayne County, Michigan. The tribunal shall consist of a single arbitrator. The language of the arbitration shall be English.
21.2 Parties agree that services shall not be suspended pending the resolution of disputes. Owner may continue to recover Vehicle and exercise all rights during dispute resolution. In the event of any Disputes relating to payments under this Agreement, the Owner shall continue to be paid undisputed amounts and may withhold only any disputed portion that is the subject of any ongoing dispute.
21.3 Each Party waives any objection to the laying of the venue of any legal action brought under or in connection with the subject matter of this Agreement under this Section 21, and agrees not to plead or claim in such courts that any such action has been brought in an inconvenient forum.
22. Clutch and Transmission
Renter asserts they have received the vehicle with the clutch and transmission in good working condition. In the event there is any damage to the clutch or transmission, Renter agrees to pay Owner for any and all costs incurred as a result of damages. Renter also agrees to pay for such damages via their cash deposit or via the credit card on file with Owner.
Damage is presumed caused by Renter's use unless Renter provides clear evidence damage existed prior to rental or resulted solely from manufacturing defect.
Renter acknowledges that damage to the clutch and/or transmission may not be apparent at the time the vehicle is returned due to the high temperature of the engine. Renter agrees to be notified of any damage incurred to the clutch or transmission after the vehicle has been returned.
23. Loss of Use / Diminished Value
Renter agrees to reimburse Owner for loss revenues for the inability of Owner to rent the Vehicle due 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 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 is liable for actual fair market value of the Vehicle.
24. Comprehensive Indemnity of Owner by Renter
The Parties' indemnity obligations are set forth in Section 9 (Indemnification by Renter). Section 24 is included for ease of reference and does not expand or limit Section 9.
25. 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 Owner including but without being 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 Owner immediately or within 3 hours of becoming aware of the occurrence and shall within twenty-four hours of the occurrence complete and furnish to Owner, Owner's standard claim form together with a copy of his/her Driver's License
- • The Renter shall obtain the name(s) and addresses of everyone involved 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 Owner 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 co-operate with Owner 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 deposing to an affidavit or giving evidence in court if requested to do so)
26. 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 Owner, for services rendered, to be rendered or losses sustained by Owner. In this regard, Renter waives his/her privacy rights. Renter makes this assignment in consideration of Owner's agreement to perform services and supply the rental vehicle and otherwise perform its obligations under this contract.
Renter also hereby directs his/her insurance carrier(s) to release any and all information requested by Owner, 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 loses sustained to the rental vehicle.
Renter hereby grants Owner irrevocable power-of attorney and express permission to endorse Renter's name on any and all checks received from an insurance company on Renter's behalf for services provided by Owner or losses sustained by Owner.
Renter agrees that any portion of services, deductibles, depreciation, loss of use, diminished value or additional losses requested by the Renter, not covered by Insurance, must be paid by the Renter.
Renter also hereby authorizes and unequivocally instructs direct payment of any benefits or proceeds to Owner.
By taking possession of the Vehicle, the Renter acknowledges that they have read, understood, and agree to be bound by every term and condition of this Agreement.
Questions About These Terms?
Contact Corsa Nero LLC for clarification before renting: