M SELECT CAR RENTAL
RENTAL AGREEEMENT JACKET TERMS AND CONDITIONS
Renter agrees by Renter’s signature on the Rental Agreement Summary (the “Rental Agreement Summary”) that Renter has read, is aware of, and accepts full responsibility for and is bound by the terms and conditions contained in this Rental Agreement Jacket and in the Rental Agreement Summary (collectively, the “Agreement”) for the Rental Period whether or not subsequent Agreements are executed by Renter or if Owner assigns a new Agreement number during the Rental Period for the purpose of invoicing Renter. Renter agrees that electronic signatures have the same force and effect as manual signatures. Renter expressly acknowledges that Renter and Owner are the only parties to this Agreement, notwithstanding that a reservation for Vehicle may have been arranged by a third party; and/or that a third party may negotiate certain terms of the rental, including, but not limited to, the type of vehicle, length of rental, rental rate, and or selection of optional products. For matters arising from this Agreement, Renter authorizes Owner to verify and/or obtain through credit agencies or other sources Renter’s personal, credit and/or insurance information. This Agreement is the entire agreement between Renter and Owner and cannot be altered by another document or oral agreement unless agreed to in writing and signed by Renter and Owner.
- For the purposes of this Agreement, the following terms are specifically defined:
- “Additional Authorized Driver(s)” (AAD(s)) means any individual in addition to Renter who is permitted by Owner to operate Vehicle. This includes individuals identified on the Rental Agreement Summary as ADDITIONAL AUTHORIZED DRIVER(S), and with the permission of Renter, includes Renter’s spouse or domestic partner (same or opposite sex) who meets the minimum rental age hereunder (i.e., 25 years of age) and holds a valid license.
- “Optional Accessories” means but is not limited to optional child seats, global positioning systems, AirTags, iPhones, GoPro, ski racks, toll transponders, and/or other products accepted by Renter.
- “Owner” for the purposes of this Agreement means “OWNER OF VEHICLE” shown on the Rental Agreement Summary.
- “Rental Period” means the period between the time Renter takes possession of Vehicle until Vehicle is returned or recovered and in either case, checked in by Owner.
- “Renter” means the person or entity identified on the Rental Agreement Summary as “RENTER”.
- “Vehicle” means the “ORIGINAL VEHICLE” or any replacement vehicle(s).
- Ownership/Vehicle Condition/Warranty Exclusion. Renter acknowledges that Vehicle and any Optional Accessories are, by ownership, beneficial interest or lease, property of Owner or its affiliate(s), even if owned, registered, or titled to a third party. Renter is not an agent of Owner and has no authority to bind Owner. RENTER ACKNOWLEDGES AND AGREES THAT OWNER CANNOT GUARANTEE THE RENTER’S ACCESS TO OR USE OF ANY SPECIFIC VEHICLE, AND RENTER WILL BE NOTIFIED BEFOREHAND BY OWNER OF ANY CHANGE IN THE RESERVED VEHICLE INCLUDING ANY CHANGE IN RATES. Renter agrees Renter received Vehicle and any Optional Accessories in good physical and mechanical condition. RENTER IS TAKING POSSESSION OF VEHICLE AND ANY OPTIONAL ACCESSORIES “AS IS” AND HAS HAD AN ADEQUIATE OPPORTUNITY TO INSPECT VEHICLE AND ANY OPTIONAL ACCESSORIES AND THEIR OPERATION. OWNER EXCLUDES ALL WARRANTIES, BOTH EXPRESS AND IMPLIED, WITH RESPECT TO THE VEHICLE AND ANY OPTIONAL ACCESSORIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTIBLITY OR FITNESS FOR A PARTICULAR PURPOSE. Renter agrees to return Vehicle and any Optional Accessories to Owner on or before the return date to the location stated on the Rental Agreement Summary or on Owner’s demand and in the same condition as received, ordinary wear and tear expected. Renter agrees not to alter or tamper with Vehicle or Optional Accessories. If Renter or AAD(s) determines Vehicle or any Optional Accessories is unsafe, Renter or AAD(s) shall stop operating Vehicle and any Optional Accessories and notify Owner immediately.
- Payment by Renter.
- For items designated as either “/hour”, “/day”, “/week”, or “/month” on the Rental Agreement Summary
- (1) “/hour” is 60 consecutive minutes or any portion thereof beginning at the star time of the rental.
- (2) If “/day – 24 hour period”, “/day” is each consecutive 24 hours beginning at the start time of the rental.
- (3) If “day = calendar day”, “/day” is each consecutive full or partial day of the week.
- (4) “/week” is 7 consecutive 24 hour days beginning at the start time of the rental.
- (5) “/month” is 30 consecutive 24 hours days beginning at the start time of the rental.
- (6) Unless expressly modified on the Rental Agreement Summary, all charges are for a minimum of 1 day
- Renter shall pay Owner, its affiliate(s), or agents amounts as set forth on the Rental Agreement Summary for:
- (1) The hour, day, week, and month charges on the Rental Agreement Summary for the Rental Period. The “/hour” charge if shown on the Rental Agreement Summary shall apply to each full or partial hour in excess of a day. The hourly charge shall not exceed the cost of one additional day. If Vehicle is returned during the non-business hours or to any place other than the Address on the Rental Agreement Summary, all rental charges incurred through the time an employee of Owner checks in Vehicle are Renter’s responsibility.
- (2) The additional authorized driver fee of $25 per day for each AAD.
- (3) The Optional Accessories, services, and/or products charges for those items accepted by Renter.
- (4) The fuel charge at the rate shown. Vehicle is provided with a full tank. If Vehicle is returned with less fuel than when rented, the charge shall be the number of gallons required to refill to a full tank. Renter will receive written notice of the amount to be charged on a per gallon basis.
- (5) The other fees and charges (none of which are taxes) including, but not limited, to:
- A fee of $500 to clean Vehicle’s interior upon return if there are excessive stains, pet hair/fur, trash, odors, or other soilage.
- The Facility Fee Recovery (“FAC REC”), which is Owner’s charge to recover the estimated fees, charges, and costs that may include rent paid by Owner to the owner, operator, or agent of the location being serviced by Owner for this rental or to the owner, operator, or agent of the location of the Address on the Rental Agreement Summary.
- The Vehicle License Fee Recovery (“VLF REC”), which is Owner’s charge to recover the estimated average daily cost per vehicle of the charges imposed by governmental authorities upon Owner or its affiliate(s) to title, register, and plate all vehicles in its/their rental fleet registered in Hawaii including general excise tax levied on the use of such vehicles.
- Additional Obligations of Renter. Unless otherwise prohibited by law, Renter shall pay Owner on demand:
- (1) If Renter returns Vehicle to a location other than the designated return location, a reasonable vehicle recovery fee.
- (2) For damage (including, but not limited to, caused by pets, smoking, or liquid) to, loss, or theft of Vehicle or Optional Accessories, including all related costs (see Paragraph 6).
- (3) Any and all fines, costs, monetary assessments, penalties, fees, surcharges, or other charges for legal violations, parking, tolls, towing, and storage, and the like (collectively, “Fines, Tolls, and Violations”), occurring during the Rental Period. Renter is expected to pay directly to the court, county government, or other appropriate government agency any and all such Fines, Tolls, and Violations, and the like, occurring during the Rental Period, on or before any deadlines imposed. However, in the event Renter fails to make payments directly to such authorities before the applicable deadline, Renter consents to Owner, its affiliate(s), or a third party to pay without advance notice thereof, and acknowledges that such payment may prejudice Renter’s ability to contest such fines, costs, tolls, and violations with the applicable authority. Renter also consents to Owner providing Renter’s information necessary to applicable authorities and/or third parties to process payment and/or transfer liability to Renter for any such Fines, Tolls, and Violations, and may assess a fee of up to $25 per incident to apply toward all administrative costs incurred in connection with any such Fines, Tolls, and Violations.
- (4) A late charge of 1 ½% per month, not to exceed the maximum allowable by law, on all charges not paid within 30 days after the end of the Rental Period.
- (5) The taxes, fees, and other mandatory charges imposed by the state and counties of Hawaii and other governmental authorities.
- Agreements and acknowledgements regarding payment cards.
- (1) IF A CREDIT CARD OR DEBIT CARD IS 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. IF OWNER INITIATES ANY CHARGE THAT IS DISHONORED, RENTER AUTHORIZES OWNER TO RE-INITIATE SAID CHARGE WITHOUT FURTHER AUTHORIZATION FROM RENTER.
- (2) The authorization or deposit amount on the Rental Agreement Summary will be taken by Owner as an authorization or sale.
- (3) Such funds will not be available for use by Renter until after Vehicle is returned. One or more incremental authorizations and/or deposits may be taken during the Rental Period if Renter incurs additional charges.
- (4) Renter acknowledges final amounts charged to Renter’s card may exceed amounts shown on the Rental Agreement Summary, if Renter incurs charges not included in such amounts.
- (5) Owner will attempt to refund Renter any amount collected from Renter that exceeds the aggregate of all of Renter’s obligations to Owner within 20 business days after Owner has confirmed the full extent of such obligations. All amounts are subject to final audit by Owner.
- Prohibited Use and Termination of Right to Use.
- Renter agrees to the following limits on use:
- (1) Vehicle shall not be driven by any person other than Renter, or AAD(s) without’Owner’s prior written consent.
- (2) Renter and all ADD(s) shall be at least 25 years of age.
- (3) Vehicle shall not be used for transporting persons for hire; as a school bus; or for driver training or testing.
- (4) Vehicle shall not be used for transport of products for hire as a common carrier, a contract carrier, or a private carrier of property UNLESS:
- Renter obtains bodily injury and property damage liability insurance required of a motor carrier by the state and/or federal government where Vehicle is rented and/or operated; and
- Renter and any AAD(s) hold a valid class license for that purpose and comply with all federal, state or municipal laws, ordinances or regulations
- (5) Vehicle shall not be used for any illegal purposes; in any illegal, fraudulent, or reckless manner; in a race or speed contest; or to tow or push anything.
- (6) Vehicle shall not be used to carry passengers in excess of the number of seatbelts provided by manufacturer or outside of the passenger compartment. (6) Renter shall not remove any seats from Vehicle.
- (7) Renter shall fill up the gas tank with premium gas only.
- (8) Renter shall not remove any seats from Vehicle.
- (9) Renter shall not smoke in the Vehicle or bring any pets or animals into the Vehicle at any time.
- (10) Vehicle shall not be driven by any person impaired or under the influence by the use of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription.
- (11) Vehicle shall not be loaded in excess of Vehicle’s Gross Vehicle Weight Rating (GWWR) which is, weight of vehicle plus weight of load, as indicated on the driver side door jam, or with an improperly or unevenly divided load as per Vehicle manufacturer’s specifications and/or guidelines.
- (12) Vehicle shall not be driven on an unpaved road or off-road.
- (13) Vehicle shall not be operated by anyone who has given a fictitious name, false address, or a false or invalid driver’s license; whose driver’s license becomes invalid during the Rental Period; who has obtained the keys without permission of Owner, or who misrepresents or with holds facts to/from Owner material to rental, use, or operation of Vehicle.
- (14) Renter shall not transfer or assign the Agreement and/or sublease Vehicle.
- (15) Vehicle shall not be used to transport explosives, chemicals, corrosives, or other hazardous materials or pollutants of any kind or nature.
- (16) Vehicle shall not be used for testing Vehicle’s technological components or capabilities.
- In the event of any violation of the limits on use or any other provision of the Agreement, Owner automatically, without any further notice to Renter or AAD(s), terminates their right to use Vehicle, and Owner retains any other rights and remedies provided by law. Owner has the right to seize Vehicle without legal process or notice to Renter or AAD(s). Renter and AAD(s) hereby waive all claims for damages connected with such seizure, and shall pay all expenses incurred by Owner in returning Vehicle to the original rental office.
- If Renter or AAD(s) continue to operate Vehicle after the right to do so is terminated, Owner has the right to notify police that Vehicle has been stolen. Renter and AAD(s) hereby release and discharge Owner from and indemnify, defend, and hold Owner harmless against any liability arising from such notice.
- Extensions are at Owner’s option and are subject to availability. Owner may repossess the Vehicle without demand, at Renter’s expense, if the Vehicle is found illegally parked, apparently abandoned, or used in violation of law or of the Agreement. Renter’s failure to return Vehicle when specified or to properly obtain an extension of the rental may result in Vehicle being reported stolen, possibly subjecting Renter, AAD(s), and any other driver to arrest and civil and/or criminal penalties.
- Damage to, or loss or theft of, Vehicle must be immediately reported to the police and in writing to the office where Vehicle was rented, and in no event later than the following business day after the accident. Renter and AAD(s) must immediately deliver to the office where Vehicle was rented 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 including any request for statements, written or oral, including under oath, and/or items Owner or its representatives deems related to the adjustment of any claim, suit, or proceeding. Vehicle may be equipped with an Event Data Recorder (EDR), infotainment system, and/or similar technology for the purpose of recording data about the operation and/or use of Vehicle (please see paragraph 15, “Collection and Use of Vehicle Data” for more information). To the extent permitted by law, Renter consents to Owner or its representatives retrieving and using such data from the EDR or otherwise, including during the adjustment of any claim, suit, or legal proceeding.
- Damage to, Loss, Modification or Theft of, Vehicle, Optional Accessories and Related Costs. To the maximum extent permitted by Hawaii law, Renter accepts responsibility for damage to, loss, modification or theft of, Vehicle, Optional Accessories, or any part or accessory thereof, 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 once cost of the damage to Vehicle and/or Optional Accessories and Renter’s liability is agreed to between Owner and Renter or is determined pursuant to law. 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 the Agreement, fair market value shall be the retail value of Vehicle immediately preceding the loss. If Optional Accessories are returned in a damaged condition or not returned, Renter shall pay Owner the replacement cost of the Optional Accessories. For purposes of the Agreement, fair market value shall be the retail value of Optional Accessories immediately preceding the loss. Renter is responsible for all towing, storage, or impound fees, and other costs incurred by Owner to recover Vehicle. Renter agrees to pay any taxes, fees, and other mandatory charges imposed by the state and counties of Hawaii and other governmental and/or airport authorities.
- Responsibility to Third Parties. Owner or its affiliate(s) complies with applicable motor vehicle financial responsibility laws as an insured, a self-insurer, bondholder, or cash depositor. Except to the extent required by the motor vehicle financial responsibility laws of the State of Hawaii or otherwise by law, or the Agreement, neither Owner or its affiliate(s) extends any of its motor vehicle financial responsibility or provides insurance coverage to Renter, AADs, passengers or third parties through the Agreement. In the event Renter or any other user or operator causes damage or destruction to the property of another as a result of the operation of Vehicle, Renter agrees to provide Owner or its affiliate(s) with the identity and address of the operator of Vehicle at the time of the incident, if different from Renter. In the event of bodily injury or property damage, Owner or its affiliate(s) may provide any claimant or person sustaining accidental harm or damage the identity and address of the operator of Vehicle at the time of the incident. However, if Renter and AAD(s) are in compliance with the terms and conditions of the Agreement and if Owner or its affiliate(s) is obligated to extend its motor vehicle financial responsibility to Renter, AAD(s) or third parties, then Owner’s or its affiliate’s obligation is limited to the applicable state minimum financial responsibility amounts. Renter and AAD(s) agree that any misrepresentation, or false or misleading information supplied to Owner or Owner’s representatives and/or refusal to cooperate with Owner or Owner’s representatives during any claim, suit, or proceeding may result in the declination of any such claim. Unless required by law, Owner’s or its affiliate’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. Financial responsibility shall not extend to liability imposed or assumed by anyone under any worker’s compensation act, plan, or contract.
- Indemnification by Renter. To the maximum extent permitted by Hawaii law, Renter shall defend, indemnify, and hold Owner or its affiliate(s) harmless from all losses, liabilities, damages, injuries, claims, demands, costs, attorney fees, and other expenses incurred by Owner and/or its affiliate(s) in any manner from this rental transaction, or from the use of Vehicle or Optional Accessories by any person, including claims of, or liabilities to third parties. Renter may present a claim to Renter’s insurance carrier for such events or losses; but in any event, Renter shall have final responsibility to Owner for or its affiliate(s) all such losses.
- Personal Injury Protection and Uninsured/Underinsured Motorist Protection. Except as required by law, Owner or its affiliate(s) do not provide Personal Injury Protection, No Fault Benefits or Medical Payment Coverage (collectively PIP) or Uninsured/Underinsured Motorist Protection (UM/UIM) through the Agreement. If Owner or its affiliate(s) is required by law to provide PIP and/or UMUIM, 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 law.
- Personal Property. Owner is not responsible for any damage to, or loss or theft of, any 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, whether actual, constructive or otherwise, 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) or in any way arises out of the failure of Renter or Renter’s passengers to remove any personal property or data, including, but not limited to, data or records of Renter or Renter’s passengers downloaded or otherwise transferred to Vehicle. Owner is not responsible for and Renter releases Owner from any claim or cause of action which may arise from a prior Renter’s or passenger’s failure to remove any personal property, data, or records from Vehicle.
- Third Party Proceeds. If a third party, including, without limitation, an insurance company, authorizes payment of any amount owed by Renter under the 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 the Agreement; provided, however, that certain third parties may have agreed to pay Owner a flat fee for this rental in lieu of Owner’s “/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 “day” charges as calculated under the Agreement; or the per diem benefits. Regardless of the amounts paid under such flat fee agreement, third party payments shall not be applied to: vehicle upgrades or optional products (beyond those provided by the third party); or, rental days beyond those specified by the third party. 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.
- Power of Attorney. Renter hereby grants and appoints to Owner a Limited Power of Attorney:
- 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 as agreed upon with Owner; 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; and
- To endorse Renter’s name to entitle Owner to receive insurance, credit card and/or debit card payments directly for such claims, damages, liabilities, or rental charges.
- If any provision of the Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect.
- Limitation of Remedy/No Consequential Damages. If Owner breaches any of its obligations under the 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. 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 NOTAVAILABLE 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.
- The headings of the numbered paragraphs of the Agreement are for convenience only, are not part of the Agreement and do not in any way limit, modify, or amplify the terms and conditions of the Agreement.
- Texting & Calling.By executing the Agreement, Renter hereby consents to Owner and/or its representative(s) to contact Renter at the phone number(s) provided in connection with the Agreement to deliver, or cause to be delivered, informational or transactional outreach, including, without limitation, customer surveys, via live, prerecorded, or autodialed calls or texts. Renter’s consent to receiving these calls or texts is not a condition of any Rental Agreement or other agreement with Owner. For questions about privacy, please see paragraph 20 below.
- Choice of Law/Venue. All terms and conditions of the Agreement and any shall be interpreted, construed, and enforced pursuant to the laws of the State of Hawaii, without giving effect to the conflict of laws and/or provisions of thereof.
- Dispute Resolution Provision – Mandatory Arbitration Agreement: RENTER AND OWNER EACH WAIVE THEIR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION PURSUANT TO THE FOLLOWING TERMS. RENTER AND OWNER AGREE TO ARBITRATE ANY AND ALL CLAIMS, CONTROVERSIES, OR DISPUTES OF ANY KIND (“CLAIMS”) AGAINST EACH OTHER ARISING OUT OF OR RELATING IN ANY WAY TO THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATING TO OWNER’S PRODUCTS AND SERVICES, CHARGES, ADVERTISINGS, OR VEHICLES. FOR THE PURPOSES OF THIS DISPUTE RESOLUTION PROVISION, “RENTER” ALSO INCLUDES ANY ADD(S) UNDER THE RENTAL AGREEMENT SUMMARY, AND ANY OF RENTER’S AGENTS, BENEFICIARIES, OR ASSIGNS, OR ANYONE ACTING ON BEHALF OF THE FOREGOING, AND “OWNER” ALSO INCLUDES ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES, PARENTS, SUBSIDIARIES, BENEFICIARIES, ASSIGNS, AND VENDORS, INCLUDING, BUT NOT LIMITED TO, ITS SERVICE PROVIDERS AND MARKETING PARTNERS. RENTER AND OWNER AGREE THAT NO CLAIMS WILL BE PURSUED OR RESOLVEDAS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL, OR OTHER REPRESENTATIVE ACTION OR PROCEEDING, THAT NO ARBITRATION FORUM WILL HAVE JURISDICTION TO DECIDE ANY CLAIMS ON A CLASS-WIDE, COLLECTIVE, OR CONSOLIDATED BASIS, AND THAT NO RULES OR OTHER PROCEDURES FOR CLASS-WIDE OR COLLECTIVE ARBITRATION WILL APPLY. This Dispute Resolution Provision is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of the Rental Period. However, the parties agree that either party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only and is not made part of a class action, private attorney general action, or other representative or collective action. The parties also agree that claims against or by a third-party insurance company ostensibly providing coverage to Renter or any AAD or the application of Owner’s financial responsibility relating to the use or operation of Vehicle may be brought in a court with valid jurisdiction.
- A party must send a written Notice of Dispute (“Notice”) describing (a) the nature and basis of the Claim; and (b) the relief sought, to the other party. The Notice to Owner should be addressed to: 2250 Kalakaua Avenue, Ste. 209, Honolulu, Hawaii 96815 (“Notice Address”). If Owner and Renter do not resolve the Claim within thirty (30) days after the Notice is received, a party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by the Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or by Owner that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a party nor an arbitrator may disclose the existence, content or results of any dispute or arbitration hereunder without the prior written consent of both parties.
- Arbitrator’s Authority. The arbitrator is bound by the Agreement, the Federal Arbitration Act “FAA”) and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims, or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability or formation of the Agreement, including whether it is void. The parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual party and for a party’s individual Claim.
- Arbitration Costs. Renter will be responsible for his/her share of any arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the Claims were filed in court. Owner will be responsible for all additional arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration, e.g., fees for attorneys, expert witnesses, etc. Renter will not be required to reimburse Owner for any fees unless the arbitrator finds that the substance of Renter’s Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and Owner may seek reasonable attorney’s fees. Owner will pay all fees and costs it is required by law to pay.
- Governing Law and Enforcement. Notwithstanding anything in paragraph 18, this Dispute Resolution Provision is made pursuant to a transaction involving interstate commerce, and shall be governed by the FAA, 9 U.S.C. § 1-16. This Dispute Resolution Provision was drafted in compliance with the laws in all states, however, if any portion of it is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of this Dispute Resolution Provision remains in full force and effect. Except, if the class-arbitration waiver provision is deemed unenforceable, any class action claim(s) must proceed in a court of competent jurisdiction.
- Customer with Disabilities. For customer service inquiries related to customers with disabilities, please contact us at the email address or phone number provided in paragraph 20.
- Translations of Agreements. Renter fully acknowledges and understands that any translation of the Rental Agreement Summary, the Agreement, or any other agreements related to this rental transaction between Renter and Owner that is/are provided or appended to any such document are for REFERENCE ONLY. Only the English version(s) of such document(s) shall control and is binding, and in any cases in which the language differs between any translation and the English document, or in case of ambiguity between such document and the translation, the English document shall control.