AUDI ON DEMAND
RENTAL AGREEMENT

Silvercar, Inc. dba Audi on demand

Vehicle Rental Terms and Conditions

Audi on demand rental car customers must comply with all applicable terms and conditions of this Audi on demand Rental Agreement (“RA”).

  1. Rental Agreement. The terms and conditions listed below and other vehicle rental transaction documents, the membership terms and conditions and a return record with computed fees and charges shall collectively constitute the RA between you and Silvercar, Inc. dba Audi on demand (“Audi on demand”) for the vehicle selected by you at the time of rental.
  2. Vehicle. As used in the RA, the term “Vehicle” means the vehicle selected and rented to you and its replacement (if any), including, but not limited to, all tires, tools, equipment, accessories, license plates/tags and vehicle documents in or on the Vehicle.
  3. Who May Drive the Vehicle – Authorized Driver. Only you, your spouse or domestic partner, a full-time fellow employee incidental to your business duties during the rental period or an additional driver specifically qualified and authorized, at the time of rental, by Audi on demand to drive the Vehicle may drive the Vehicle, but only with your express prior permission (each, an “authorized driver”). You represent that you and any authorized driver are capable and validly licensed drivers. Any authorized driver of the Vehicle must be at least twenty-two (22) years old and must be a capable and qualified driver in possession of validly issued driver’s license, which is in good standing under the laws of the issuing jurisdiction. You agree that Audi on demand or its partners that help perform the Audi on demand service including, but not limited to, Audi dealerships and their employees and agents (“Service Partners”), have the right to verify that the driver’s license of any authorized driver has been validly issued and is in good standing, and that Audi on demand and Service Partners may refuse to rent the Vehicle to you, terminate the RA or refuse to allow others to drive the Vehicle if the driver’s license of any authorized driver has been or is currently suspended, revoked or otherwise similarly restricted.
  4. Time for Return of the Vehicle. You must return the Vehicle on the date and at the time indicated in the RA and you must return the Vehicle immediately on demand from Audi on demand. Failure to return the Vehicle at the time provided for in the RA or as demanded by Audi on demand will result in you being in violation of the RA and in unlawful possession of the Vehicle and Audi on demand may then seek to have a warrant issued for your arrest and the arrest of any person in possession of the Vehicle. State laws generally make unauthorized possession of a vehicle a crime punishable by fines, imprisonment or both. If you return the Vehicle earlier or later than the time provided for in the RA or the time demanded by Audi on demand, a higher rate may apply and, if you return the Vehicle later, you may also be charged a late return fee. You may not return the Vehicle at a time when the Audi on demand or Service Partner location is closed. If you return the Vehicle when the applicable location is closed, your responsibility for loss of or damage to the Vehicle will continue and all charges stated in the RA as a periodic rate will continue to accrue until the Audi on demand or Service Partner location reopens and Audi on demand or Service Partner checks the condition of the Vehicle and retakes possession of the Vehicle. If Audi on demand is not able to locate the Vehicle when the applicable Audi on demand or Service Partner location reopens, your responsibility for all charges and for the loss of or damage to the Vehicle will continue until the Vehicle is actually returned to or recovered by Audi on demand or Service Partner. If you wish to extend any rental, you must contact Audi on demand before your return date as specified in the RA at 855-359-2227 and request an extended return date, which Audi on demand may or may not grant at Audi on demand’s sole discretion. If Audi on demand grants an extension, a different or higher rate and a service/administrative fee of up to $100 may apply to the extension period.
  5. Condition of the Vehicle upon its Rental from and Return to Audi on demand. 
  1. At the time you receive the Vehicle, you are required to inspect the interior and exterior of the Vehicle prior to leaving the Audi on demand or Service Partner location to determine if the Vehicle has any damage. You must report any Vehicle damage to Audi on demand prior to leaving the Audi on demand or Service Partner location.
  2. You must return the Vehicle to Audi on demand in the same condition the Vehicle was in when you received it, normal wear and tear excepted. In the event the Vehicle came with an electric vehicle charging cable, you are responsible for returning the Vehicle with the cable. If a charging cable is damaged (other than normal wear and tear) or lost, you will be charged the replacement cost of the cable, which is estimated to be $2,300. Damage to or loss of the charging cable is not covered under any Loss Damage Waiver or Collision Damage Waiver.
  1. Place for Return of the Vehicle. The Vehicle must be returned to the Audi on demand or Service Partner location specified in the RA. If the indicated return location is not the rental location, you may be required to pay a one-way service fee. If you return the Vehicle to any location other than the agreed return location without Audi on demand’s prior permission, you agree to pay any applicable unauthorized return location fees as specified by Audi on demand.
  2. Prohibited Use of the Vehicle. It is a violation of the RA if you use or operate, or permit the Vehicle to be used or operated:
  1. by anyone who is not an authorized driver, as defined in per Section 3;
  2. by anyone who has provided false or fraudulent information to Audi on demand and to whom Audi on demand would not have rented the Vehicle or approved the individual as an authorized driver if Audi on demand had received true or accurate information;
  3. to carry persons for hire or for other commercial use;
  4. to tow or push anything, in a speed test or contest, in a driver training activity, or on unpaved roads;
  5. by anyone who is under the influence of alcohol, drugs or any other substance that is likely to impair the driver’s judgment or driving ability;
  6. in connection with conduct that could properly be charged as a felony;
  7. in an intentional, willful or reckless manner, such as:
  1. loading the Vehicle beyond its rated capacity or carrying dangerous or illegal materials or substances in the Vehicle;
  2. operating the Vehicle with more passengers than available seatbelts or with any Vehicle occupant not using their seatbelt;
  3. transporting children without using properly installed child safety seats/restraints, whether such seat or restraint is provided by you or Audi on demand;
  4. operating the Vehicle while texting, emailing or using a cellular phone or other mobile communication device; or
  5. operating the Vehicle when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the Vehicle; or
  1. in Mexico.
  1. Additional Violations of the RA. It is also a violation of the RA if you or any other authorized driver:
  1. fail to immediately report any damage to or theft of the Vehicle when it occurs or when it becomes known to Audi on demand and local police authorities;
  2. fail to promptly provide Audi on demand or local police authorities with a comprehensive written accident/incident report at the scene of an accident or fail to fully cooperate with Audi on demand’s and/or the local police authority’s investigation efforts;
  3. fail to fully and promptly cooperate with Audi on demand in any claim process or legal proceeding resulting from an accident or claim involving the Vehicle;
  4. fail to remove the keys from the Vehicle (excluding for valet parking) or to close and lock all doors of the Vehicle, or fail to close all windows and the trunk when the Vehicle is left unattended and the Vehicle is then stolen or vandalized;
  5. allow smoking in the Vehicle (including, but not limited to, cigarettes, cigars, pipes, marijuana and any type of vaping);
  6. allow pets, other than certified assistance animals, in the Vehicle without use of a Audi on demand approved seat protector as described in Section 14;
  7. drive the Vehicle while unable to safely operate the Vehicle, whether due to drowsiness or otherwise; or
  8. fail to return the Vehicle on the date and at the time indicated in the RA or immediately on demand from Audi on demand as described in Section 4.
  1. Charges. You will pay for the period of time you have possession of the Vehicle at the rate indicated in the RA, plus, if applicable, the number of miles you drive. The minimum charge is twenty-four (24) hours, plus mileage, if applicable. Audi on demand will determine the miles driven from the Vehicle odometer at time of rental and at time of return. The daily charge applies to consecutive twenty-four (24) hour periods starting at the time of rental. You will also pay all charges that apply to the rental for early and late return, for additional and underage drivers, for car seats and any other miscellaneous services and for airport facility fees, tourism assessment fees, airport concession recovery fees, vehicle license recovery fees, and any other fees and surcharges specified in the RA, as well as for all applicable taxes and tax-related surcharges.
  2. Late Return – Additional Charges. The daily rental charge is based on a twenty-four (24) hour rental period starting at the time of rental. If the Vehicle is returned 59 minutes or less beyond the end of the 24-hour rental period, there will be no additional charge. If the Vehicle is returned more than 59 minutes but less than 119 minutes beyond the end of the 24-hour rental period, there will be an additional charge equal to 25% of the daily rental rate specified in the RA plus 25% of any charges specified in the RA for insurance, additional services or other miscellaneous charges. If the Vehicle is returned more than 119 minutes but less than 179 minutes beyond the end of the 24-hour rental period, there will be an additional charge equal to 50% of the daily rental rate specified in the RA plus 50% of any charges specified in the RA for insurance, additional services or other miscellaneous charges. If the Vehicle is returned more than 179 minutes but less than 239 minutes beyond the end of the 24-hour rental period, there will be an additional charge equal to 75% of the daily rental rate specified in the RA plus 75% of any charges specified in the RA for insurance, additional services or other miscellaneous charges. If the Vehicle is returned more than 239 minutes beyond the end of the 24-hour rental period, there will be an additional charge equal to 100% of the daily rental rate specified in the RA plus 100% of any charges specified in the RA for insurance, additional services or other miscellaneous charges.
  3. Loss Damage Waiver. Loss Damage Waiver (“LDW”) or Collision Damage Waiver (“CDW”) is not insurance and is not mandatory. If you accept LDW, you will be responsible for paying the daily LDW rate for each full or partial day that the Vehicle is rented to you or otherwise in your possession. If you accept and pay for LDW and are not in violation of the RA, Audi on demand will assume all loss of or damage to the Vehicle, except for loss or damage caused by any prohibited use specified in Sections 7 and 8 of the RA, where permitted by applicable state law.
  4. Loss of or Damage to the Vehicle. The Manufacturer’s Suggested Retail Prices (MSRP) (as of December 3, 2021) of the vehicles that may be available from Audi on demand and subject to the RA are as follows: (i) Audi A4 ($55,490); (ii) Audi Q5 Cabriolet ($62,320); (iii) Audi A5 Sportback ($52,120); (iv) Audi Q5 ($54,795); and (v) Audi Q7 ($62,620). If you do not accept LDW, or if you accept LDW but the Vehicle is lost or damaged as a result of any prohibited use specified in Sections 7 and 8, you must pay Audi on demand for all loss of or damage to the Vehicle regardless of cause, plus, where and to the extent permitted by applicable state law, Audi on demand’s Incidental Costs (as defined below). Your insurance, or the issuer of a credit card you use to pay for the rental transaction, may cover all or part of your financial responsibility for the Vehicle. However, there may be limits on what your insurance or credit card issuer will cover related to the MSRP of the Vehicle. You should check with your insurance company or credit card issuer to find out about your coverage (if any), when it applies, if making a claim thereunder will impact renewal, any limits on coverage, and the amount of any applicable deductible. If the Vehicle is damaged, you must pay Audi on demand’s estimated repair costs, or if Audi on demand decides to sell the Vehicle in its damaged condition, you must pay Audi on demand the difference between the Vehicle’s fair market value before it was damaged and the actual sale proceeds received for the Vehicle by Audi on demand. You may, where and to the extent permitted by applicable state law, also be liable to Audi on demand for: (a) loss of use of the Vehicle (the number of days it takes to repair the Vehicle and return it to rental condition, multiplied by the applicable daily rental rate, less any saved expenses); (b) diminished vehicle value (the difference between the fair market value of the Vehicle before it was damaged and the fair market value of the Vehicle after it is repaired); (c) towing and storage charges; and (d) any other related costs and expenses incurred by Audi on demand (collectively “Incidental Costs”). You will also be required to pay an administrative fee of up to $150. If the Vehicle is stolen and not recovered within thirty (30) days, you must pay Audi on demand the Vehicle’s fair market value before it was stolen plus an administrative fee of up to $150. If your responsibility to Audi on demand is covered by insurance, you must provide Audi on demand with the name of the insurer, your policy number and contact information for the insurer. You hereby authorize Audi on demand to submit a claim for any of Audi on demand’s losses or damages related to the Vehicle, including Incidental Costs and any administrative fees, to your insurance company upon completion of your rental. However, you remain liable to Audi on demand for any losses sustained by Audi on demand in excess of what your insurance covers. Additionally, you agree to pay Audi on demand for any deductible or other amounts due to Audi on demand that is not covered by your insurance or paid to Audi on demand by your insurance company.
  5. Fuel Service Charge. 
  1. All vehicles are rented with a full tank of fuel and Audi on demand requests that you return the Vehicle with a full tank of fuel. If you return the Vehicle with less fuel than when you received it, Audi on demand will charge you a fuel service charge at the applicable rate specified in the RA. The fuel service charge will be an amount equal to the number of gallons of fuel needed to refill the Vehicle’s fuel tank (based on the Vehicle’s gas gauge and the capacity of the Vehicle’s fuel tank), multiplied by the prevailing per gallon pump price of premium fuel in the area, plus a service fee as determined by Audi on demand.
  2. If you rented an electric vehicle, you should return the Vehicle with at least a ten percent (10%) battery. If the electric Vehicle is returned with less than a ten percent (10%) charge, Audi on demand will charge you an administration charge of $100 due to increased vehicle turnaround time and involvement of staff time.
  1. Cleaning Fees; Pets. Audi on demand maintains a clean and smoke free fleet of vehicles. You are expected to return the Vehicle in the same clean and smoke free condition as when you received it. You must pay a fee between $300 to $500 (the “Cleaning Fee”) for cleaning the Vehicle’s interior and exterior upon its return if there are any unusual stains, smells (including cigarette, cigar, pipe, marijuana and/or vaping smells), or an unusual amount of dirt or soil in the Vehicle. If you desire to transport pets, other than certified assistance animals, in the Vehicle, you must reserve a Audi on demand seat protector and/or receive written approval from Audi on demand of your use of a seat protector. Failure to do so will subject you to the Cleaning Fee. Notwithstanding the foregoing, any damage to the Vehicle caused by any pet other than an assistance animal, even if you used an approved seat protector, will be subject to the Cleaning Fee.
  2. Key and Owner’s Manual Replacement Costs. You will be responsible for the costs incurred by Audi on demand to replace the key(s) to the Vehicle provided to you at the time of rental if you lose or damage the key(s) or otherwise fail to return fully functional key(s) when you return the Vehicle to Audi on demand. If the owner’s manual is provided in the Vehicle at the time of rental and is not returned, you will be responsible for the costs incurred by Audi on demand to replace the manual, plus an administrative fee of up to $100.
  3. Traffic/Parking Violations. You are responsible for and will pay any and all traffic and parking violations while you are in possession or control of the Vehicle, including toll or other photo enforced violations. You are liable for the fines imposed for any such violations, plus any late payment and applicable processing fees payable to the governing municipality. In addition, you will be responsible for all costs and expenses incurred by Audi on demand in connection with any traffic and parking violations, including reasonable attorneys’ fees, plus an administrative fee of up to $100 per violation.
  4. Liability Insurance/Protection. An authorized driver of the Vehicle may, under certain circumstances, be considered an insured under certain Audi on demand insurance policies. Except where required by law to be primary, any insurance protection provided by Audi on demand shall be secondary to, and not in excess of, any applicable insurance or other coverage available to you or any other authorized driver from any other source, whether primary, excess, secondary or contingent. Insurance protection may arise where an authorized driver of the Vehicle causes “bodily injury” or “property damage” (as those terms are defined in Audi on demand’s pertinent insurance policies) to others. The insurance protections provided by Audi on demand shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Under no circumstances will an authorized driver be given insurance protection for their own “bodily injury” or “property damage.” If insurance protection is extended by operation of law to a person or instance unintended by the terms of the RA, then such insurance protection shall meet the minimum financial responsibility limits required by the law of the applicable jurisdiction. Audi on demand has unlimited discretion to provide coverage under a certificate of self-insurance, an insurance policy, or both. A copy of Audi on demand’s liability insurance policy and/or self-insurance certificate is available for your inspection, upon reasonable prior notice, at Audi on demand’s headquarters or at another location designated by Audi on demand.
  5. Waiver of Liability Insurance/Protection. Unless required by the law of the applicable jurisdiction, Audi on demand will not provide (and you hereby waive) liability insurance protection for: (a) your death, bodily injury or damage to your property or other property within the Vehicle; or (b) the death, bodily injury or property damage of any member of your family, the Vehicle’s driver’s family or a fellow employee of you or the driver. Unless required by the law of the applicable jurisdiction, Audi on demand will not provide supplementary no fault, noncompulsory uninsured or underinsured motorist coverage or any other optional coverage. Where any of the foregoing insurance protections are required by law, such insurance protection shall meet the minimum financial limits required by the law of the applicable jurisdiction. Where permitted by law, you and Audi on demand reject and waive, for you and all other passengers in the Vehicle, any uninsured or underinsured motorist and any optional automobile insurance coverage under any policy of insurance or certificate of self-insurance.
  6. Supplemental Liability Insurance (SLI) & Exclusions. Additional automobile liability insurance protection may be available to you if you purchase SLI as part of the rental transaction. SLI is an insurance coverage administered and provided by an independent insurance company. The terms, conditions, cost, amount of coverage, restrictions and exclusions of SLI are available in the SLI brochure available on request from Audi on demand. Audi on demand has no authority or power to control the terms of SLI coverage or to administer any claims under SLI and shall not be responsible or liable in any respect concerning SLI coverage.
  7. Personal Effects Insurance (PEI). Additional insurance for the protection of your personal effects may be available to you if you purchase PEI as part of the rental transaction. PEI is an insurance coverage administered and provided by an independent insurance company. The terms, conditions, cost, amount of coverage, restrictions and exclusions of PEI are available in the PEI brochure available on request from Audi on demand. Audi on demand has no authority or power to control the terms of PEI coverage or to administer any claims under PEI and shall not be responsible or liable in any respect concerning PEI coverage.
  8. Personal Accident Insurance (PAI). Additional Personal Accident Insurance may be available to you if you purchase PAI as part of the rental transaction. PAI is an insurance coverage administered and provided by an independent insurance company. The terms, conditions, cost, amount of coverage, restrictions and exclusions of PAI are available in the PAI brochure available on request from Audi on demand. Audi on demand has no authority or power to control the terms of PAI coverage or to administer any claims under PAI and shall not be responsible or liable in any respect concerning PAI coverage.
  9. Child Safety Seats. You may opt to use a child safety seat provided by Audi on demand or your own child safety seat during your rental. Audi on demand will provide instructions on how to properly install and use a child safety seat provided by Audi on demand, which will include an installation guide and instructions from the manufacturer. Failure to properly follow such instructions may result in injury or death to your child should an accident occur. Notwithstanding Audi on demand’s provision of instructions, you are solely responsible for the proper installation and use of any child safety seat, whether provided by Audi on demand or yourself.
  10. Indemnification and Waiver. You agree to indemnify and hold Audi on demand, Service Partners, and its suppliers harmless from, any loss, liability and expense that Audi on demand incurs arising out of the use of the Vehicle while in your possession, including reasonable attorneys’ fees, which: (a) exceeds the greater of either the minimum limits of financial responsibility pursuant to the motor vehicle insurance law of the applicable jurisdiction or the limits of any liability protection that Audi on demand furnishes to you; (b) results from any unauthorized use or prohibited operation of the Vehicle as specified in Sections 7 and 8; or (c) results from any injury as a result of your use of a child safety seat, whether provided by Audi on demand or yourself.
  11. Repossessing the Vehicle. Audi on demand and Service Partners shall have the right to repossess or to designate a third party to repossess the Vehicle at any time, without prior notice to you, if it is found illegally parked, is being used in violation of law or the terms of the RA or appears to be abandoned. If the Vehicle is repossessed, you agree to pay all costs incurred by Audi on demand and Service Partners, or a third party, as applicable, in the repossession process.
  12. Credit Card Charge/Reserve. You will pay at the end of the rental or on demand by Audi on demand all charges, fees, expenses, taxes, surcharges and other amounts due to Audi on demand pursuant to the RA (including, but not limited to, Incidental Costs), and you authorize Audi on demand, from time to time, to charge your credit card for the full amount(s) due to Audi on demand pursuant to the RA. You acknowledge that if you use a credit card, your available credit, up to an amount of the estimated total charges due under the RA plus an additional $200, may be reserved or set aside by the card issuer. You consent to the reservation or setting aside of such estimated total amount at the time of commencement of the rental. You understand that Audi on demand will authorize the release of any excess reserve or amount set aside upon the completion of your rental and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the Vehicle.
  13. Collections.  If you do not pay all amounts due to Audi on demand under the RA upon demand by Audi on demand, you agree to pay a late charge of one and one-half percent (1.5%) per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). You agree to also pay for any costs that Audi on demand incurs in seeking to collect such Charges, including, without limitation, court costs and reasonable attorneys’ fees, an administrative fee of up to $150, cost recovery expenses, insufficient funds fees and collection fees.
  14. Errors in Charges/Fees. The charges and fees reflected on the return record are not final and are subject to review by Audi on demand. You will pay any undercharge, and you will receive a refund for any overcharge, which Audi on demand discovers in the course of its review.
  15. Lost or Damaged Property. Audi on demand and Service Partners are not responsible for loss of or damage to any personal property in or on the Vehicle, in any service vehicle, or at Audi on demand’s or Service Partners’ premises, whether or not received or handled by Audi on demand or Service Partners.
  16. Voiding of Rental, Optional Services and Insurance Coverages.  TO THE EXTENT PERMITTED BY APPLICABLE STATE LAW, ANY VIOLATION OF THE PROVISIONS OF THE RA, SUCH AS USE OF THE VEHICLE BY AN UNAUTHORIZED DRIVER OR OTHER VIOLATION OF THE PROHIBITED USES, WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND THE RA AND VOID ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES OR INSURANCE COVERAGES THAT YOU HAVE ACCEPTED, INCLUDING SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL EFFECTS INSURANCE, PERSONAL ACCIDENT INSURANCE AND LOSS DAMAGE WAIVER.
  17. Changes to the RA. Any change to any provision in the RA must be agreed to in writing by a duly authorized representative of Audi on demand.
  18. Global Positioning Satellite System; Privacy Policy. The Vehicle is equipped with technology that allows Audi on demand and Service Partners to use a global positioning satellite or other technology, as and to the extent permitted by applicable state law, to track, locate and/or disable the Vehicle and to provide such information and capability to law enforcement agencies at any time. You hereby consent to Audi on demand’s and Service Partners’ utilization of such technology to locate the Vehicle in the event you fail to return the Vehicle to the location and at the time required under the RA or in the event you otherwise violate any provision of the RA, and you hereby acknowledge that you have read  and understand the terms of the Silvercar, Inc. Privacy Policy, available at https://support.silvercar.com/hc/en-us/articles/204791464-Privacy-Policy.
  19. Emergency Systems. For your comfort and safety, the Vehicle is equipped with, and Audi on demand is authorized to activate, a device which may provide a link to access available emergency, police and other third-party service providers.
  20. Tolls. You are responsible for payment of all tolls assessed to the Vehicle during the rental period (e.g., toll roads, bridges, etc.). If a toll is assessed via an automatic toll charge system, whether using the tag in the Vehicle, the Vehicle’s license plate or some other method, the actual tolls incurred will be billed to you plus a one-time administrative fee of $4.95. While we strive to charge all tolls when you return the Vehicle, some agencies take longer to process tolls, in which case those charges, and the administrative fee, may be billed to your credit card at a later date. No administrative fee will be charged if you do not use an automatic toll charge system.
  21. Roadside Assistance. If you are in need of roadside assistance, find yourself in an emergency situation or you have other customer service inquiries, please call 855-359-2227.
  22. 30 Day Rentals. Any rental of an Audi on demand vehicle for a minimum of thirty (30) days shall be defined as a “30-Day Rental” under the RA. Notwithstanding anything to the contrary herein, each 30-Day Rental shall be subject the following terms, subject to any membership or other long-term rental program agreement, which shall control in the event of a conflict between the terms set forth herein:
  1. On the day of Vehicle pick up, you will pay all charge(s), fees, expenses, taxes, surcharges, and other amounts due to Audi on demand pursuant to the RA for the 30-day period. Up to seven (7) days prior to the date of Vehicle pick up, you consent to Audi on demand authorizing your credit card and reserving the estimated total charge(s) for the 30-day period pursuant to the RA, plus an additional $200. You understand that Audi on demand will authorize the release of any excess reserve or amount set aside upon Vehicle pick up and that your card issuer’s rules apply to your credit line or your account being credited for such excess, which may not be processed by your card issuer immediately upon the return of the Vehicle.
  2. If you return the Vehicle prior to the end of the 30-day period, you may receive a refund if Audi on demand determines that the cost of the rental for the shorter time period (calculated with the daily rate at the time of the Vehicle return) is less than the cost of the rental for the full 30-day period. Audi on demand will issue any such refund to the original credit card provided.
  3. You will be responsible for any tolls, traffic violations, fuel service charges, or Incidental Costs incurred during your rental period, which shall be handled according to the terms of Sections 12,13, 16, and 33. Any additional fees or charges will be assessed at the end of each 30-day period.
  4. 30-Day Rentals shall include up to 1,000 miles per 30-day period. If you exceed 1,000 miles during the 30-day period, you agree to pay $0.30 per mile for each additional mile. All additional charges will be assessed at the end of each 30-day period.
  5. You will not earn or receive any loyalty points for your 30-Day Rental.
  1. Miscellaneous. 
  1. No waiver by Audi on demand or Service Partners of any of the provisions of the RA shall be effective unless explicitly set forth in writing and signed by Audi on demand or Service Partners. No waiver by Audi on demand or Service Partners shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from the RA shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
  2. You hereby waive and release any claim against Audi on demand and Service Partners for any incidental, special or consequential damages in connection with the rental transaction.
  3. If any term or provision of the RA is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of the RA or invalidate or render unenforceable such term or provision in any other jurisdiction.
  4. To the extent permitted by applicable state law, the RA shall be governed by and construed under the laws of the State of Texas.
  5. In the event of any legal or administrative proceedings between you and Audi on demand or Service Partners arising out of or relating to the terms of the RA, the prevailing party in such proceeding shall be entitled to receive reimbursement for its costs and expenses, including reasonable attorneys’ fees, from the non-prevailing party. The prevailing party shall mean the party receiving substantially the relief desired, whether by settlement, dismissal, summary judgment, judgment or otherwise.
  6. You agree to submit to exclusive arbitration under the rules of the American Arbitration Association any disputes relating to the RA and/or your use or possession of the Vehicle and that any such arbitration shall be conducted exclusively in Travis County, Texas and in no other jurisdiction.
  7. EACH PARTY TO THE RA IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THE RA OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT: (I) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION; (II) EACH PARTY HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER; (III) EACH PARTY MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY; AND (IV) EACH PARTY HAS BEEN INDUCED TO ENTER INTO THE RA BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
  8. You agree, to the fullest extent allowable and enforceable under applicable law, that you shall only submit your own individual claims in arbitration and shall not bring claims against Audi on demand or Service Partners in any representative capacity on behalf of any other individual in any lawsuit against Audi on demand or Service Partners involving any dispute related to the RA.
  9. You must file any action arising directly or indirectly from the RA no later than two (2) years after the claim has accrued. You waive the right to file an action arising directly or indirectly from the RA under any longer statute of limitations.
  1. State Specific Provisions. Except as otherwise provided above, the following provisions apply to rentals occurring in the applicable states:

ARIZONA

THE OWNER DOES NOT EXTEND ANY OF ITS MOTOR VEHICLE FINANCIAL RESPONSIBILITY OR PROVIDE PUBLIC LIABILITY INSURANCE COVERAGE TO THE RENTER, AUTHORIZED DRIVERS OR ANY OTHER DRIVER.

YOU ARE HEREBY NOTIFIED OF THE ARIZONA REVISED STATUTE ANNOTATED (“A.R.S.”) TITLE 13. CRIMINAL CODE. 

13-1806. Unlawful failure to return rented or leased property; notice; classification

A. A person commits unlawful failure to return rented property if, without notice to and permission of the lessor of the property, the person knowingly fails without good cause to return the property within seventy-two hours after the time provided for return in the rental agreement.

B. If the property is not leased on a periodic tenancy basis, the person who rents out the property shall include the following information, clearly written as part of the terms of the rental agreement:

1. The date and time the property is required to be returned.

2. The maximum penalties if the property is not returned within seventy-two hours of the date and time listed in paragraph 1.

C. If the property is leased on a periodic tenancy basis without a fixed expiration or return date the lessor shall include within the lease clear written notice that the lessee is required to return the property within seventy-two hours from the date and time of the failure to pay any periodic lease payment required by the lease.

D. It is a defense to prosecution under this section that the defendant was physically incapacitated and unable to request or obtain permission of the lessor to retain the property or that the property itself was in such a condition, through no fault of the defendant, that it could not be returned to the lessor within such time.

E. Unlawful failure to return rented or leased property if the property is a motor vehicle is a class 5 felony.  In all other cases, unlawful failure to return rented or leased property is a class 1 misdemeanor.

CALIFORNIA

NOTICE ABOUT YOUR FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER

You are responsible for all collision damage to the rented Vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the Vehicle, and towing, storage, and impound fees.

Your own insurance, or the issuer of the credit card you use to pay for the car rental transaction, may cover all or part of your financial responsibility for the rented Vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable.

Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies.

Audi on demand will not hold you responsible if you buy a damage waiver. But a damage waiver will not protect you if you use or operate or permit the Vehicle to be used or operated:

  1. by anyone who is not an authorized driver, as defined in per Section 3;
  2. by anyone who has provided false or fraudulent information to Audi on demand and to whom Audi on demand would not have rented the Vehicle if Audi on demand had received true or accurate information;
  3. to carry persons for hire or for other commercial use;  
  4. to tow or push anything, in a speed test or contest, in a driver training activity, or on unpaved roads;
  5. by anyone who is under the influence of alcohol, drugs or any other substance that is likely to impair the driver’s judgment or driving ability;
  6. in connection with conduct that could properly be charged as a felony;
  7. in an intentional, willful or reckless manner, such as:
  1. loading the Vehicle beyond its rated capacity or carrying dangerous or illegal materials or substances in the Vehicle;
  2. operating the Vehicle with more passengers than available seatbelts or with any Vehicle occupant not using their seatbelt;
  3. transporting children without using properly installed child safety seats/restraints;
  4. operating the Vehicle while texting, emailing or using a cellular phone or other mobile communication device;
  5. operating the Vehicle when a vehicle warning light is on or there is a mechanical situation which is likely to cause damage to the Vehicle; or
  1. in Mexico.

The cost of an optional damage waiver is $28 per day.

CHILD RESTRAINT SYSTEM

California law requires all children under 8 years of age who weigh less than 80 pounds to be transported in the back seat of the Vehicle in a child restraint system. Audi on demand is required to provide for rental a child restraint system if you do not have a child restraint system yourself.

COLORADO

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

Audi on demand may not void a loss damage waiver unless the loss of or damage to the Vehicle is caused by:

  1. willful and wanton conduct or misconduct;
  2. intoxication by alcohol or use of controlled substances as defined in Section 42-4-1301, C.R.S.;
  3. participation in a speed contest;
  4. carrying persons or property for hire, or pushing or towing anything;
  5. use of the Vehicle while committing a misdemeanor or felony or other criminal act;
  6. use of the Vehicle by an unauthorized driver, which includes any person not specifically authorized by the RA;
  7. supplying information which is false concerning the rental transaction with intent to defraud Audi on demand;
  8. use of the Vehicle outside the continental United States, unless specifically authorized by the RA; and
  9. any instance whereby, during the rental of the Vehicle, the speedometer or odometer is tampered with or disconnected.

CONNECTICUT

LDW covers loss or damage due to theft, collision, vandalism, or any other cause. Whether or not you accept LDW, or if LDW is not permitted, you are responsible for the loss or damage to the Vehicle that is caused by you or by an authorized additional driver through intentional or willful and wanton misconduct; driving while intoxicated or using drugs; participation in any organized or racing competition; transporting persons or property for hire; commission of a felony or an act that could be a felony; failure to complete an accident or theft report; use or operation by an unauthorized driver; violation of the terms of the RA; operating off paved roads, use to push or tow something; or obtaining the Vehicle through fraud or misrepresentation. You should examine your personal auto insurance policy or credit card, including deductible and limit of coverage, because it may cover loss or damage and personal injury incurred while you are using or operating a rental car. If your responsibility for any loss or damage is covered by your own insurance, you will authorize Audi on demand to deal with the carrier. Audi on demand will refund any sum collected above the amount of the cost of repair.

DISTRICT OF COLUMBIA

CAR SEATS FOR CHILDREN 

Pursuant to D.C. Code Section 50–1703, the operator of a motor vehicle may not transport any child of less than 3 years of age unless the child is properly restrained in a child restraint seat. The operator of a motor vehicle shall not transport any child under 16 years of age unless the child is properly restrained in an approved child safety restraint system or restrained in a seat belt. Children under 8 years of age shall be properly seated in an installed infant, convertible (toddler) or booster child safety seat, according to the manufacturer’s instructions. A booster seat shall only be used with both a lap and shoulder belt. A parent or legal guardian may transport his or her own child without restraint if that person is transporting a number of his or her own children of less than 16 years of age which exceeds the number of passenger positions equipped with safety belts in the motor vehicle. However, an unrestrained child may not be transported in the front seat of a motor vehicle.

RETURN OF CAR

WARNING – Failure to return the Vehicle in accordance with the terms of the RA may result in a criminal penalty of up to 3 years in jail.

FLORIDA

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

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

HAWAII

  1. LDW is optional.
  2. LDW entails an additional charge.
  3. The actual charge per day for LDW is stated on the RA, rental receipt or other documents which make up the RA.
  4. All restrictions, conditions, and provisions of LDW are in Section 11. The renter or authorized driver may already be covered for damage to the Vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible.
  5. By entering into the RA, renter may be liable for damages, loss, or loss of use to the Vehicle. Renter has read, understands and acknowledges this disclosure.

ILLINOIS

NOTICE: This contract offers, for an additional charge, a collision damage waiver to cover your financial responsibility for damage to the Vehicle. The purchase of a collision damage waiver is optional and may be declined. You are advised to carefully consider whether to sign this waiver if you have rental vehicle collision coverage provided by your credit card or collision insurance on your own vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the Vehicle and the amount of deductible under your own insurance coverage.

FOR RENTALS ORIGINATING IN ILLINOIS

Subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code, which limits the renter’s liability for loss, damage, or theft of the Vehicle to the actual and reasonable costs to the owner for the repair of the Vehicle, or the fair market value of the Vehicle, whichever is less, renter accepts responsibility for damage to, loss or theft of, the Vehicle or any part or accessory, including and without limitation tires and tools, regardless of fault or negligence of renter or any other person or act of God. Under Section 6-305.2 of the Illinois Vehicle Code, the maximum amount the owner may recover for loss or damage of the vehicle is (A) for vehicles with an MSRP of $50,000 or less, $18,000 as of June 1, 2018, subject to an annual increase of $500 on June 1 of each year thereafter, or (B) for vehicles with an MSRP of more than $50,000, $40,000 until October 1, 2020, subject to an annual increase of $1,000 on October 1 of each year thereafter. Renter shall pay owner the amount necessary to repair the damaged Vehicle, subject to the aforementioned limitations. If the owner determines the Vehicle is salvage, renter shall pay owner the fair market value less any sale proceeds, subject to the aforementioned limitations in Section 6-305.2. For purposes of the RA, fair market value shall be the retail value of the Vehicle immediately preceding the loss. Liability for theft of the vehicles is limited to: (X) for vehicles with an MSRP of $50,000 or less, $2,000 except if the renter or authorized driver fails to exercise reasonable care while in possession of the Vehicle or the renter or authorized driver commits, aids or abets the theft of the Vehicle, the renter is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, or (Y) for vehicles with an MSRP more than $50,000, the actual and reasonable costs incurred by the loss due to theft of the Vehicle up to $40,000; subject to the aforementioned limitations in Section 6-305.2.

NOTICE: Under Illinois law, you may request, based on available information, an estimated total daily rental rate, including taxes, fees, and other charges, or an estimated total rental charge, based on the Vehicle return date noted on the RA.

INDIANA

  1. LDW is optional.
  2. LDW entails an additional charge.
  3. The actual charge per day for LDW is LDW is stated on the RA, rental receipt or other documents which make up the RA.
  4. All restrictions, conditions, and provisions of LDW are in Section 11.
  5. The renter or authorized driver may already be covered for damage to the Vehicle through their own insurance policy and should examine the policy to determine whether the policy provides coverage for damage, loss, or loss of use to a rented vehicle, and the amount of the deductible.
  6. By entering into the RA, renter may be liable for damages, loss, or loss of use of the Vehicle. Renter has read, understands and acknowledges this disclosure.

IOWA

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

KANSAS

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

LOUISIANA

NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22:1296.

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

MARYLAND

Notice: This contract offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the Vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the Vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived. Maryland law requires that all Maryland residents’ insurance policies with collision coverage automatically extend that collision coverage to passenger cars rented by the insureds named in the policy for a period of 30 days or less.

MASSACHUSETTS

Drivers in Massachusetts are required to have a copy of the vehicle registration in the car at all times. In the case of a rental vehicle, a photocopy of the certificate of registration, accompanied by the rental agreement, complies with this legal requirement. A copy of the certification of registration is provided in the Vehicle, and you are provided a copy of your RA via email.

NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the Vehicle.  Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined.  For Massachusetts drivers: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to a rental vehicle, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.

MICHIGAN

Under Michigan law, Audi on demand is liable for an injury caused by the negligent operation of the Vehicle only up to the maximum amounts of (i) $20,000 because of bodily injury to or death of one (1) person in any one (1) accident, and (ii) $40,000 because of bodily injury or death of two (2) or more persons in any one accident, and only if the Vehicle was being operated by the renter or other authorized driver as defined in the RA or by the renter’s spouse, domestic partner, father, mother, brother, sister, son, daughter or other immediate family member. The renter may be liable to Audi on demand up to those amounts, and to injured persons for amounts awarded in excess of those amounts.

MINNESOTA

Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of the Vehicle against damage to the Vehicle and against loss of use of the Vehicle; and (2) extend the policy’s basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverages to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected in the RA is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy.

MISSOURI:

COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE NOTICE: OUR CONTRACT OFFERS FOR AN ADDITIONAL CHARGE COLLISION DAMAGE WAIVER AND CAR RENTAL INSURANCE PRODUCTS. BEFORE DECIDING WHETHER TO PURCHASE ANY OF THESE OPTIONAL PRODUCTS, YOU MAY WISH TO DETERMINE WHETHER YOUR PERSONAL INSURANCE OR CREDIT CARD PROVIDES YOU COVERAGE DURING THE RENTAL PERIOD. THE PURCHASE OF ANY OF THESE OPTIONAL PRODUCTS IS NOT REQUIRED TO RENT A VEHICLE.

NEW YORK

Authorized driver, as defined in the RA, also includes any validly licensed driver, if at least 18 years of age (including renter’s spouse), and any such driver who operates the vehicle during an emergency situation to a medical facility. However, additional daily surcharges may apply, at the discretion of Audi on demand, for any authorized driver between the ages of 18 and 22.

NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the Vehicle. The purchase of optional vehicle protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase optional vehicle protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the Vehicle and the amount of deductible under such coverage.

You may void your optional Vehicle protection within 24 hours of purchase if (i) you are renting for two or more days, (ii) you appear at a Audi on demand facility in person, (iii) the Vehicle has no damage following an inspection, and (iv) you sign a cancellation form provided by Audi on demand.

You must provide notice to law enforcement within twelve (12) hours of learning of the theft of the Vehicle.

You must use a child safety seat for all children under the age of 8. Seats will be provided to you upon request and may result in an additional charge.

The maximum amount charged for each additional authorized driver shall not exceed $3.00 per day.

NOTICE: New York State Law prohibits the following practices by rental vehicle companies based upon race, color, ethnic origin, religion, disability, sex, marital status, or age: (1) refusal to rent; and (2) the imposition of any additional charge (except in certain instances where the renter is under the age of 25). In addition, it is unlawful under New York State Law for any rental vehicle company to refuse to rent a vehicle to any person solely based on a requirement of ownership of a credit card.

NEVADA

Nevada law requires any driver and any passenger 5 years of age or older who rides in the front or back seat to wear a safety belt if one is available for that seating position.

Renter accepts responsibility for damage to, loss or theft of, the Vehicle, optional accessories or any part or accessory regardless of fault or negligence of renter or any other person or act of God to the maximum extent permitted by Nevada law. Renter shall not have Vehicle or optional accessories repaired without permission from Audi on demand. Renter shall pay Audi on demand the amount necessary to repair Vehicle or optional accessories. However, if Vehicle is stolen and not recovered or Audi on demand determines the Vehicle is salvage, renter shall pay Audi on demand the fair market value less any sale proceeds. For purposes of the RA, fair market value shall be the retail value of Vehicle immediately preceding the loss. If optional accessories are not returned, renter shall pay Audi on demand the replacement cost of the optional accessories.

Renter acknowledges that:

  1. Renter’s responsibility for loss or damage to the Vehicle or optional accessories will not exceed the fair market value of the Vehicle at the time the Vehicle is lost or damaged plus actual towing, storage and impound fees, an administrative charge ($50 if the repair estimate is greater than $100 and less than or equal to $500; $100 if greater than $500 and less than $1500; and $150 if greater than $1500), and loss of use regardless of fleet utilization (if Audi on demand determines the Vehicle is repairable, loss of use shall be total labor hours from the repair estimate divided by 8, multiplied by the daily rental rate in the RA. If the Vehicle is stolen and not recovered or Audi on demand determines the Vehicle is salvage, loss of use shall be 15 days); and
  2. Renter’s responsibility for damage to the Vehicle and loss of use of the Vehicle resulting from vandalism not related to the theft of the Vehicle and not caused by renter will not exceed $2,500.

If the Vehicle is returned during non-business hours or to any place other than the renting location set forth in the RA, any damage to or loss or theft of the Vehicle or optional accessories occurring prior to an employee of Audi on demand checking the Vehicle is renter’s responsibility.

LOSS DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF LOSS DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.

Renter may purchase Loss Damage Waiver (“LDW”) from Audi on demand for an additional fee. If renter purchases LDW, Audi on demand agrees, subject to the actions that invalidate LDW listed below, to contractually waive renter’s damage responsibility for all of the cost of damage to, loss or theft of, the Vehicle or any part or accessory and related costs regardless of fault or negligence. LDW does not apply in Mexico. When deciding whether or not to purchase LDW, you should check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, the Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

THE FOLLOWING INVALIDATE LDW:

  1. Damage or loss resulting from:
  1. the intentional, willful, wanton or reckless conduct of renter or another authorized driver;
  2. operation of the Vehicle by an authorized driver while under the influence of drugs or alcohol in violation of the laws of the state in which the loss or damage occurs;
  3. an authorized driver using the Vehicle to tow or push anything;
  4. operation of the Vehicle by an authorized driver on an unpaved road if the damage or loss is a direct result of the road or driving conditions;
  5. theft of the Vehicle if committed by an authorized driver or a person aided or abetted by an authorized driver. A theft is presumed to have been committed by a person other than an authorized driver or a person aided or abetted by an authorized driver if the renter:
  1. has possession of the ignition key furnished by Audi on demand or establishes that the ignition key furnished by Audi on demand was not in the Vehicle at the time of the theft; and
  2. files an official report of the theft with an appropriate law enforcement agency within twenty-four (24) hours after learning of the theft and cooperates with Audi on demand and the law enforcement agency in providing information concerning the theft. Audi on demand may rebut the presumption set forth in this section by establishing that an authorized driver committed or aided or abetted another person in the commission of the theft.
  1. Damage or loss occurring when the Vehicle is:
  1. used for hire;
  2. used in connection with conduct that constitutes a felony;
  3. involved in a speed test or contest or in driver training activity;
  4. operated by a person other than an authorized driver; or
  5. operated in a foreign country or outside the contiguous United States.
  1. If the Vehicle was rented as a result of fraudulent or false information provided to Audi on demand by an authorized driver if Audi on demand would not have rented the Vehicle if it had received true information.

NORTH CAROLINA

IT IS UNLAWFUL IN NORTH CAROLINA TO PASS A SCHOOL BUS THAT IS STOPPED AND RECEIVING OR DISCHARGING PASSENGERS. PLEASE REVIEW APPLICABLE PLACARD IN THE VEHICLE.

NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the Vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

OREGON

Your RA offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the Vehicle. Before deciding whether or not to purchase the collision damage waiver, you may wish to determine whether your own vehicle insurance affords you coverage for damage to the Vehicle and the amount of the deductible under your own insurance coverage. The purchase of this collision damage waiver is not mandatory and may be waived.

PENNSYLVANIA

REJECTION OF UNINSURED MOTORIST PROTECTION: You are rejecting uninsured motorist coverage under the RA, and any policy of insurance or self-insurance issued under the RA, for yourself and all other passengers of the Vehicle. Uninsured coverage protects you and other passengers in the Vehicle for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance to pay for losses and damages.

RHODE ISLAND

The RA offers, for an additional charge, a collision damage waiver to cover your responsibility for damage to the Vehicle. Before deciding whether to purchase the collision damage waiver, you may wish to determine whether your own automobile insurance affords you coverage for damage to the Vehicle and the amount of the deductible under your own insurance coverage. The purchase of collision damage waiver is not mandatory under the RA.

Read the collision damage waiver disclosure provision contained in the RA before signing this agreement.

Notice About Liability for Damage to the Rental Car

The State of Rhode Island requires us to provide the following information about your liability for damage to the Vehicle and the purchase of a damage waiver.

Insurance or Credit Card Coverage

Liability for any damage to the Vehicle may be covered by your personal insurance policy or credit agreement. Check your insurance policy or credit card agreement about coverage.

Damage Waiver Coverage

A damage waiver is not insurance coverage. You do not have to purchase the Collision Damage Waiver. You can decline it. If you purchase a damage waiver, Audi on demand will waive its right to hold you or any authorized driver as defined in the RA liable for damage. Even if you buy the damage waiver, you and any authorized driver will remain liable for damage if any of the following apply:

  1. damage or loss caused intentionally, willfully or wantonly by an authorized driver;
  2. damage or loss occurring while an authorized driver operates the Vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
  3. damage or loss caused while an authorized driver is engaging in any speed contest;
  4. damage or loss caused while an authorized driver is using the Vehicle to push or tow anything or using the Vehicle to carry persons or property for hire, unless expressly authorized in the RA;
  5. damage or loss incurred while an authorized driver is driving outside the United States or Canada, or, if state restrictions are imposed by the RA, if such damage or loss is incurred outside of those states where operation of the Vehicle is expressly authorized in the RA;
  6. damage or loss incurred while the Vehicle is driven, with the renter’s permission or accession, by anyone other than an authorized driver;
  7. damage or loss incurred after the Vehicle was rented or an authorized driver was approved as a result of fraudulent information provided to Audi on demand;
  8. damage or loss incurred as a result of commission of a felony by an authorized driver; and
  9. damage or loss incurred if the Vehicle is stolen and the renter or authorized driver fails to return the original ignition key, fails to file a police report within seventy-two (72) hours of discovering the theft, or fails to cooperate with Audi on demand or Service Partner, police or other authorities in all matters connected with the investigation.

TEXAS

Notice to Texas Renters Regarding Damage Waivers

NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the Vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

Notice to Texas Residents Regarding Damage Waivers

Your personal automobile insurance policy may or may not provide coverage for your responsibility for the loss of or damage to a rented vehicle during the rental term. Before deciding whether to purchase a damage waiver, you may wish to determine whether your automobile insurance policy provides you coverage for rental vehicle damage or loss. If you file a claim under your personal automobile insurance policy, your insurance company may choose to non-renew your policy at your renewal date, but may do so only if you are at fault for the claim.

Voiding of Loss Damage Waiver

Audi on demand may not void a loss damage waiver unless:

  1. an authorized driver causes the damage intentionally or by willful and wanton misconduct;
  2. the damage arises out of use of the Vehicle:
  1. by a person:
  1. who is not an authorized driver;
  2. while under the influence of an intoxicant that impairs driving ability, including alcohol, an illegal drug, or a controlled substance; or
  3. while engaged in commission of a crime other than a traffic infraction;
  1. to carry persons or property for hire;
  2. to push or tow anything;
  3. for driver’s training;
  4. to engage in a speed contest; or
  5. outside the continental United States, unless the RA specifically authorizes the use; or
  1. Audi on demand entered into the rental transaction based on fraudulent information supplied by the renter.

UTAH

NOTICE: Your rental agreement offers, for an additional charge, an optional waiver to cover all or a part of your responsibility for damage to or loss of the Vehicle. Before deciding whether to purchase the waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for rental vehicle damage or loss and determine the amount of the deductible under your own insurance coverage. The purchase of the waiver is not mandatory. The waiver is not insurance.

Utah law requires any operator of a motor vehicle, and each person aged 8 to 16 riding in such motor vehicle, to use a properly adjusted and fastened safety belt. Utah law further requires the operator of a motor vehicle to place each person younger than eight (8) years of age in a child restraint device, except those children taller than 57 inches, in which case such children must use a properly adjusted and fastened safety belt.

Utah law requires that a registration card be carried at all times in the vehicle to which it was issued, and in the case of a rental car, a valid rental agreement may be displayed in place of a registration card. You are advised to keep a copy of the RA in the Vehicle at all times.

Under Utah law, if you, without notice to and permission from Audi on demand, knowingly fail without good cause to return the Vehicle within 72 hours after the time established for the return in the RA, you may be guilty of a second degree felony, which carries a fine not to exceed $10,000, plus a 90% surcharge and/or a term of imprisonment not less than 1 year nor more than 15 years

VIRGINIA

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

If you purchase a CDW it may be voided or limited based on your actions, provided, however, that notwithstanding anything to the contrary in the RA, no CDW will be voided or limited based solely on your ordinary negligence.

VERMONT

NOTICE: THE FAILURE TO RETURN A RENTED OR LEASED MOTOR VEHICLE WITHIN 72 HOURS AFTER THE DATE AND TIME SPECIFIED IN THE WRITTEN AGREEMENT WITHOUT EXTENDING THE DATE AND TIME IS A CRIME UNDER VERMONT LAW (13 V.S.A. §2592) AND MAY RESULT IN A CRIMINAL PENALTY OF UP TO FIVE YEARS IMPRISONMENT OR A $5,000.00 FINE, OR BOTH.

WASHINGTON

NOTICE: THIS AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, LOSS DAMAGE WAIVER (“LDW”) TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE YOU DECIDE WHETHER TO PURCHASE COLLISION LDW, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS LDW NOT MANDATORY AND MAY BE WAIVED (DECLINED).

Warning - failure to promptly return the Vehicle on the date indicated may result in criminal prosecution under RCW 9.45.062.

WISCONSIN

WHAT IF YOU DAMAGE A RENTAL CAR?

We Must Provide You With An Important Notice About Your Liability For Damage To a Rental Car

NOTICE ABOUT LIABILITY FOR DAMAGE TO THE RENTAL CAR

The State of Wisconsin requires us to provide the following information about your liability for damage to a rental car and the purchase of a damage waiver. On rentals in Wisconsin, all provisions of the RA are applicable, except to the extent of a conflict between the Wisconsin specific terms and the other terms of the RA, in which case the Wisconsin specific terms shall govern.

LIABILITY FOR DAMAGE TO THE RENTAL CAR

The RA makes you and any authorized driver liable for any damage to the Vehicle caused by an accident, or by intentional, reckless or wanton misconduct, or by theft that you may have intentionally caused. Pursuant to Wisconsin Statutes, Section 344.574(2) total liability for any damage is limited to:

  1. reasonable repair costs, less discounts available to us, or the fair market value of the Vehicle, whichever is less; and

  1. actual and reasonable costs incurred by Audi on demand or Service Partners for towing the Vehicle and for storage of the Vehicle during the period before the renter notifies the Audi on demand or Service Partners of the damage to the Vehicle or for 14 days after the damage occurs, whichever period is shorter.

LIABILITY FOR DAMAGE AFTER THE RENTAL CAR HAS BEEN STOLEN

If a person who drives the Vehicle without your authorization causes damage to the Vehicle, you may be liable for the damage as though you or an authorized driver was driving the Vehicle unless you do all of the following:

  1. refrain from leaving the ignition key in the Vehicle when you are not in the Vehicle;
  2. always keep the ignition key in your possession;
  3. immediately report to the local police if you learn the Vehicle has been stolen, or that an unauthorized person is driving the Vehicle; and
  4. cooperate fully with the local police by providing any information you know that may be helpful.

INSURANCE OR CREDIT CARD COVERAGE

Liability for any damage may be covered by your personal insurance policy or credit card agreement. Check your insurance policy or credit card agreement about coverage.

DAMAGE WAIVER COVERAGE

A damage waiver is not insurance coverage. If you purchase a damage waiver for the cost set forth in the RA, we will waive our right to hold you or any authorized driver liable for damage. Even if you buy a damage waiver, you and any authorized driver will remain liable for damage if you violate paragraph 15, or any of the following apply:

  1. You cause, or any authorized driver causes, the damage intentionally or by reckless or wanton misconduct.
  2. The damage occurs while you, or any authorized driver, operates the Vehicle in this state while under the influence of an intoxicant or other drug, as described by the laws of this state.
  3. The damage occurs while you, or any authorized driver, operates the Vehicle in another state while under the influence of an intoxicant or other drug, as described by the laws of that state.
  4. The damage occurs while you, or any authorized driver, is engaged in a race, speed, or endurance contest.
  5. The damage occurs while you or any authorized driver is using, or has directed another to use, the Vehicle in the commission of a misdemeanor, or a felony, as defined by Wisconsin Statutes Section 939.60.
  6. The damage occurs while you are using, or any authorized driver is using, the Vehicle to carry persons or property for hire.
  7. The damage occurs while you are using, or any authorized driver is using, the Vehicle outside the United States and Canada, except as is permitted under the RA.
  8. The damage occurs while the Vehicle is operated on a surface not intended for use by private passenger vehicles.
  9. You provide us misleading or false information in order to rent the Vehicle, which causes us to rent you the Vehicle when we would not have otherwise done so, or on terms to which we would not have otherwise agreed.
  10. You, or an authorized driver who was operating the Vehicle when an accident occurred, fail to promptly report to us and the police the accident resulting in damage to the Vehicle.
  11. The damage is caused by an unauthorized driver if you did not report a theft to the police within 24 hours after you learned the unauthorized driver took possession of the Vehicle and did not cooperate with the police in providing information about the theft.

NOTICE OF RIGHT TO INSPECT DAMAGE

If the Vehicle is damaged, we may not collect any amount for the damage unless you, or an authorized driver against whom we claim liability, have been promptly notified of your and your insurer’s right to inspect the unrepaired Vehicle within two (2) working days after we were notified of the damage. If you request, we must also give you a copy of any estimate we have obtained from a repair shop regarding any damage claim. Within two (2) working days after receiving the estimates, you may request a second estimate from a competing repair shop and we must give you a copy of the second estimate.

COMPLAINTS

If you have any complaints about our attempt to hold you liable for damage or would like a copy of the state law that fully sets for your rights and obligations, contact:

Wisconsin Consumer Protection Bureau, P.O. Box 8911, Madison, WI 53708-8911, 608-224-4960 (Madison area) or toll-free 1-800-422-7128.

                                                

Silvercar RA 06.22.23         Page