RENTAL AGREEMENT TERMS & CONDITIONS

Last updated: January 15, 2020

 The Owner hereby agrees to rent to the Renter and the Renter hereby agrees to rent from the Owner the vehicle described in  the Rent Your Ride booking program (the “Vehicle”), subject to all of the terms and conditions herein. The terms and    specifications of the booking rental made through the Rent Your Ride online marketplace, the Rent Your Ride Cancellation  Policy and the Rent Your Ride Fines and Fees Policy each as in effect at the date hereof (collectively, the “RYR Terms”) are  incorporated by reference herein.

  1. The Renter will return the vehicle to the Owner, together with all tires, tools, equipment, accessories, plates and documents, in the same condition as when received, ordinary wear and tear excepted, on the date and time specified or required by the RYR Terms, and to the location specified in the RYR Terms. Late Fees as set out in the RYR Terms shall apply in the event the Renter fails to return the Vehicle in accordance with this Section 1.1.
     

  2. Each of the Renter and the Owner shall complete and execute the Renter’s Acknowledgement attached as Schedule “A” hereto (the “Acknowledgement”). By executing the Acknowledgment, the Renter acknowledges that the Vehicle was received by him or her in good condition and repair except as noted in the Acknowledgement.
     

  3. The Renter acknowledges that the Vehicle is and will be at all times solely and exclusively under his or her possession and control until returned to the Owner and nothing contained in this Agreement is intended to be construed otherwise.
     

  4. The Renter may allow another individual to driver the Vehicle during the term of the rental (an “Additional Driver”) only if the name and information of such driver(s) have been disclosed to the Owner prior to the Owner’s acceptance of the booking request. In such event, the Additional Driver shall be jointly and severally liable for the obligations of the Renter hereunder.
     

  5. During the term of the rental and until the Vehicle has been returned to the Owner in accordance with the provisions of this Rental Agreement, the Renter shall be responsible for ensuring the following:

    a.   That the car is returned to the Owner free of stains, dirt, pet hair, odor or soilage;

    b.   That no smoking (of any tobacco, marijuana, e-cigarettes or other products) is to take place in the Vehicle and the Vehicle is returned free of the smell of smoke;

    c.   That no animals or pets are to enter the Vehicle unless contained in an enclosed pet carrier and such use complies with Section 1.4(a) above.

       Additional Fees as set out in the RYR Terms shall apply in the event the Renter fails to adhere to the terms of this Section          1.4.

 6.  The Renter shall only be entitled to drive the Vehicle for the number of kilometres indicated in the RYR Terms (the                    “Kilometre Limit”). The Renter shall pay the Owner additional fees as set out in the RYR Terms for any kilometres driven in         excess of the Kilometre Limit. It shall be conclusively presumed that the number of miles and/or kilometers for which the           Vehicle shall have been operated pursuant to this Rental Agreement shall be the number of miles and/or kilometers                   recorded by the standard mileage recording device attached to the vehicle by the manufacturer thereof or by the Owner.

 7.  The Renter agrees to pay the Owner the fees set out in the RYR Terms. With the exception of any damage noted in the             Acknowledgement, the Renter is responsible for and will reimburse the Owner on demand for all uninsured loss or                     damage of  any kind or nature to the Vehicle, or the tires, tools, accessories and equipment therein or thereon, provided             however, that the  Renter shall not be responsible for damage or loss that is not covered by insurance due to a breach of           this Agreement by the  Owner, including the failure of the Owner to maintain in good standing insurance for the Vehicle as       required by Section 18  hereof. The Renter hereby authorizes and directs RYR to collect from the Renter any amounts                 owing pursuant to the RYR  Terms.

 8.  The Renter and each Additional Driver hereby represents that he or she is a capable and validly licensed driver, such                    license being issued by the Province of Manitoba, which driver’s license is and shall remain active for the term of the                  rental. The Owner has the right to verify that the Renter’s and each Additional Driver’s license has been validly issued and        is in good standing and remains in good standing as a condition precedent to the rental of the Vehicle.

 9.  The Renter covenants and agrees to assist the Owner in taking any steps the Owner deems necessary to verify that the              license of the Renter (or an Additional Driver) has been validly issued and remains active for the term of the rental,                      including  providing written permission to the Owner to obtaining a driver record (abstract) from Manitoba Public                        Insurance Company at  the sole cost and expense of the Owner.

 10. The following operation, use or driving of the Vehicle is prohibited, and the Renter agrees that the Vehicle shall not be               used, operated or driven:

         a.   For the transportation of persons or property for compensation including receiving payment as a courier or taxi                      service (using the Vehicle for the purposes of attending work or school is allowed);

 

         b.   By any person other than the Renter;

 

         c.   Outside of the Province of Manitoba;

 

         d.   Other than in accordance with all applicable laws, rules, statutes, regulations, orders, judgments, decrees, treaties or                  other requirements having the force of law;

         e.   In any race, speed test or contest;

 

         f.   With the intention to cause damage to, or with reckless disregard for, persons or property;

 

         g.   For the purpose or towing or propelling any trailer or other vehicle;

 

         h.   In a manner that allows the Vehicle to be propelled or towed other than by an established towing service or                                authorized service vehicle;

 

          i.   For the transportation of dangerous, toxic, poisonous, flammable or illegal goods or materials;

 

          j.   By the Renter or any other person while under the influence of alcohol, marijuana, intoxicants or narcotics;

 

         k.   In any instance where the speedometer and/or any hubodometer of the Vehicle has been tampered with or                                    disconnected;

         l.   By any person who has given the Owner a fictitious, false or fraudulent name or address;

        m.   In breach of any of the terms, conditions and exclusions of the Policy of Insurance; and

 

         n.   Where the Vehicle has a manual transmission, by an individual that does not have significant experience in driving a                  vehicle with a manual transmission.

               The foregoing restrictions are cumulative and each of them shall apply to every use, operation or driving of the                            Vehicle.

 

 11. The Renter is required to notify the Owner, as soon practicable, of any accident or circumstance giving rise to a claim and           to provide the Owner with particulars of it, the identity of the driver, and to furnish the Owner with information as might           reasonably be requested to:

 

        a.   enable the Owner to be fully acquainted with the circumstances of the incident; and

 

        b.   to take any steps necessary to make a claim under any policy of insurance.

 12.  The Owner shall not be liable for loss or damage to any property kept, left, stored, located in or upon or transported by              the Renter, or any other person in or upon the Vehicle, either before or after the return thereof to the Owner.

 

 13.  The Renter and each Additional Driver will use and operate the Vehicle in a prudent and careful manner and in                            accordance with all laws and manufacturer’s instructions. The Renter will not modify or alter the Vehicle in any fashio n            and will take reasonable care to safeguard it from damage, theft, unreasonable wear and tear and other loss.

 14.  The Renter shall use the Vehicle at his or her own risk. The Owner shall have no liability to the Renter or any third party            for any loss, damage, injury or death caused by the Vehicle or use thereof during the term of the rental and thereafter                prior to its return to the Owner.

 15.  Notwithstanding anything herein contained to the contrary, the Renter shall be solely liable and responsible for all fines,           penalties and forfeitures imposed for parking or traffic violations (including photo radar tickets) while vehicle is held,                 used, operated or driven pursuant to this Rental Agreement, and the Renter agrees to pay to the Owner all monies,                     including reasonable legal fees and costs which may be incurred by the Owner on account of the imposition of any such             fines, penalties or forfeitures.

 

 16. The Renter shall indemnify and save harmless Owner from and against any and all claims, demands, liabilities, losses,               costs, damages and expenses which may be suffered or incurred by the Owner arising from any damage to or loss of                 property, or injury to or death of any person, arising from the use, operation, storage or transportation of the Vehicle at               any time prior to its return to the Owner, and the Renter

        shall be responsible for and indemnify the Owner for any insurance deductible payable by the Owner in respect of loss or         damage incurred in accordance with this Section.

 17.  The Owner shall provide evidence that the Vehicle has been insured with Manitoba Public Insurance. The Renter shall                provide evidence that that the Renter holds the necessary class of driver’s license issued by the Province of Manitoba and          Manitoba Public Insurance required to operate the Vehicle.

 18.  The Owner represents that the Vehicle is registered with Manitoba Public Insurance and covered by an automobile                      liability insurance policy with Manitoba Public Insurance (the “Insurance Policy”), evidence of which shall be made                      available for inspection by the Renter and shall remain in the Vehicle while the Renter has possession of the Vehicle. The          Renter agrees to comply with and to be bound by all of the terms, conditions, limitations and restrictions of this                          Agreement and the Insurance Policy, which are hereby incorporated by reference herein and made a part of this                          Agreement as fully as if set forth at length including those terms, conditions, limitations and restrictions of which no                  specific mention is made herein. It is a requirement of this Agreement that the Renter of the vehicle must immediately                report any accident, collision or impact to the Owner, and must immediately deliver to the Owner at said location or to                the insurer, every demand, notice, summons, process, pleading or proceeding received by the Renter or the driver of                    vehicle or the representative of either in connection with any accident or occurrence involving the Vehicle. The Renter                and/or driver shall co-operate with the Owner and the insurer in the investigation of any claim or suit, and neither shall              do anything after loss to prejudice the Owners or insurers rights under the Insurance Policy.

 

 19.  If the Vehicle has been rented by any person who has given to the Owner a false or a fictitious name, address or driver’s           license, or if the Renter fails or refuses to return the Vehicle to the Owner within 24 hours of the return time set out in the         RYR Terms, the Renter shall be conclusively presumed to be in unlawful possession of the Vehicle and under such                       circumstances, the Renter shall be entitled to pursue whatever remedies are available at law.

 20.  All right, title and interest in and to the Vehicle remains with the Owner and nothing in this Rental Agreement is to be                taken as transferring to the Renter any proprietary interest.

 21.  In the event that the Renter violates any of the terms or conditions of this Rental Contract, the Renter shall pay to the               Owner, on demand, all expenses incurred by the Owner in connection with enforcement of any of the terms, conditions or         provisions of this Rental Agreement by court action, including reasonable legal fees.

 22. The terms and conditions contained in this Rental Agreement may not be modified or waived except by written                             agreement.