Rental agreement
45° Rentals rental agreement
Last Updated: 9-Jan-2023
This Rental Agreement (“Agreement“), along with the 45° Rentals Terms of Service and other Policies, which are incorporated herein by reference, is made by and between the “Renter” (“you“, “your“, “they“, “their“) and 45 Degree Rentals Partnership (“45° Rentals”, “we”, “us”, or “our”) for the rented vehicle or item (the “Rental”). The Renter and 45° Rentals are referred to collectively herein as the “Parties”.
The terms and conditions of this Agreement shall survive the end of the rental period and remain in full force and effect. Where the Renter has released and/or indemnified 45° Rentals, the Renter has also released and/or indemnified 45° Rentals’ officers, employees, representatives, agents, contractors, affiliates, and the Rental’s legal owner.
By submitting a booking request or entering into an approved booking, before taking possession of the Rental, the Renter and all persons listed as Operators acknowledge that they have read, understand, and agree to the terms and conditions of this Rental Agreement, and give their consent to the Agreement. Additionally, the Renter and all persons listed as Operators acknowledge that they have read, understand, and agree to the 45° Rentals Terms of Service and other Policies. The Renter acknowledges that they will take full responsibility for any damage or incidents occurring during the rental period. The Renter understands and acknowledges that only persons approved by us as operators are allowed to drive, tow, or operate the Rental. The Renter also authorizes 45° Rentals to charge the Renter’s card on file for any rental or claim-related charges due in accordance with this Agreement, the Terms of Service, and other Policies.
All rental fees and additional booking fees must be paid prior to Rental pickup, including the security deposit. Failure to do so may result in cancellation of the Rental booking and forfeiture of the Rental fees.
The Renter understands and acknowledges that they should not enter into a booking or take possession of the Rental unless the Renter agrees and accepts the terms of this Agreement, as well as 45° Rentals’ Terms of Service and other Policies. An approved booking is an express agreement to this Agreement and 45° Rentals’ Terms of Service and other Policies.
KEY TERMS
“Rental” means an item, motorized vehicle, or towable vehicle made available or provided by us for rent by a Renter. This includes any products or property provided by us along with, as part of, in, or on the Rental, including but not limited to: tires, tools, keys, key fobs, equipment, dishware, cutlery, amenities, propane, generators, BBQ’s, firepits, documents.
“Renter” means the person or entity, such as a company or organization, that requests or
completes a Rental booking for our Services or otherwise utilizes our Services, either via the Site or other method provided by 45° Rentals.
The “Rental Period” begins when we turn over the keys (if applicable), possession, custody and control of the Rental to the Renter. The Rental Period ends when the Renter turns over the keys (if applicable), possession, custody and control of the Rental to 45° Rentals. The Rental Period cannot exceed 30 days.
RENTER ELIGIBILITY
To be eligible to rent a motorized vehicle or towable you must be at least 25 years of age. Any person who will be driving, towing, or operating the Rental has to hold a current, valid non-temporary driver’s license of applicable class or endorsement and present the physical license to us before possession is turned over to the Renter. Holders of foreign driver’s licenses, will be required to present their physical passport and an international driver permit or a photograph of their current driver license. Foreign ID is only accepted from the following jurisdictions: North America, Europe, United Kingdom, and Australia, unless permitted in writing by 45° Rentals. Any operator must be able to demonstrate at least three years of current, licensed driving history, and provide proof of such should we request it.
The Renter acknowledges and agrees that any operator of a motorized or towable Rental has to be: (i) at least the age of 25, (ii) a holder of a valid driver’s license in their actual possession, and (iii) approved in writing as an Operator by 45° Rentals.
To rent a non-motorized rental, you must be at least 18 years of age and present government issued photo-ID to us before possession is turned over to the Renter
OPERATION OF THE RENTAL
The Rental may only be used on public roadways with sufficient clearances allowing the Rental to be operated safety and without damage. If we provide a driver for the Rental, during the Rental Period the Renter remains liable and responsible for the Rental, including without limitation for all damages, lost or missing equipment or amenities, down time, and any 45° Rentals’ administrative expenses relating to the foregoing, regardless of whether or not Renter or the driver is at fault. Any violation of these terms may result in cancellation of booking, recovery of the Rental by 45° Rentals, or loss of any applicable insurance coverage.
If the Rental is operated on a private road or property we may not be able to dispatch Roadside Assistance or Repair Service if needed.
Only operators who have been verified and approved by 45° Rentals in writing may drive, tow, or operate the Rental. The Renter shall be fully responsible for any and all damages, incidents, tolls, tickets, and other acts and omissions incurred, caused by, or involving themselves or any approved Operators while driving, towing, or operating the Rental.
The Renter acknowledges, agrees, and represents to 45° Rentals that the Renter and any approved Operators are capable and validly licensed to drive, tow or operate the Rental, and will remain so during the term of the rental. The Renter acknowledges and agrees that all Operators must be verified and approved by 45° Rentals in writing before the Rental Period begins, and that 45° Rentals will retain copies of all operators’ Driver’s Licenses to ensure validity, safety, and security.
The Renter acknowledges that the Rental may be very large, handle differently, and may require more skill and expertise to operate safely than a typical passenger car. The Rental may require more clearance to operate safely, and the use of mirrors and direct visual verification are always required to maintain knowledge of the location of adjacent vehicles and obstacles. While reversing or parking the Rental, spotters must be used to assist the driver, for Rentals equipped with a back up camera, the Renter acknowledges that the Operator will not solely rely on the back up camera while reversing. 45° Rentals acknowledges that it is our responsibility to inform the Renter of the limitations of the Rental, including clearance heights and other operating instructions. The Renter agrees to only operate the Rental on public roadways with sufficient clearances to allow the Rental to be operated safely and without damage.
Due to handling characteristics, the Rental shall never be operated at speeds in excess of: (i) if towable, 90 kilometres per hour regardless of the posted speed limit, and (ii) if motorized, 100 kilometres per hour regardless of the posted speed limit.
The Renter represents and warrants that any person who drives, tows, or operates the Rental, including themselves if applicable, is at least 25 years old, a holder of a valid driver’s license in his or her actual possession, will have the skill and expertise to do so safely and free from negligence, and has been verified and approved in writing by 45° Rentals. Renter acknowledges that the qualifications of any operator of the Rental are solely at the discretion and risk of Renter and that 45° Rentals has not evaluated the skill and expertise of any operator.
The Renter agrees that they are solely responsible for the passengers on board the Rental as well as the conduct of those passengers, as 45° Rentals has no control over the number of passengers the Renter may allow into the Rental or the conduct of those occupants while the Rental is being operated. The Renter also acknowledges they will confirm that both driver and passengers are properly using seat belts, not exceeding posted speed limits, and following all applicable laws while the Rental is in motion.
PROHIBITED USE OF THE RENTAL
The Renter and any approved operators shall not operate the Rental in a careless, negligent, reckless, or unlawful manner. Certain uses of the Rental and other actions the Renter or approved operators may take, or fail to take, will violate this Rental Agreement and 45° Rentals’ Terms of Service and Policies, and may result in cancellation of booking, recovery of the Rental by us, penalty fees, or loss of any applicable insurance coverage.
No smoking or burning of substances is allowed in the Rental, including without limitation cigarettes, cigars, marijuana, incense or smudging. Any smoke odors in returned Rentals will result in additional fees set solely at our discretion. The Renter is fully responsible for any and all damage to the Rental, whether exterior or interior or the amenities included with the Rental.
A VIOLATION OF THIS PARAGRAPH, AS DEFINED BELOW, ALLOWS US TO TERMINATE YOUR BOOKING, WHETHER OR NOT THERE IS STILL TIME REMAINING IN THE RENTAL PERIOD. IT MAKES YOU FULLY LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS, DAMAGES, AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES, AND COSTS THAT WE MAY INCUR.
It is a violation of this Paragraph if any of the following occurs. Under no circumstance shall:
• The Rental be driven outside of Canada;
• The Rental be driven into a jurisdiction or location not permitted by 45° Rentals, including the Yukon, Northwest Territories, and Nunavut without express permission from us;
• The awning be unrolled or used without express permission from us;
• Anyone be allowed on the roof of the Rental, regardless of whether the Rental is equipped with a ladder;
• Anyone occupy any towable Rental while it is in motion;
• The Rental be taken to festivals, including but not limited to music festivals or events;
• The Rental be operated recklessly, in a race, competition, contest, test, or off-road (including without limitation on mountain trails, oil field sites, logging or mining camps, gravel pits, beaches, or the roads or paths in or out);
• The Rental be driven, towed, or operated by anyone other than any approved operators
• The Rental be used to carry passengers or property for hire, or any other revenue-generating endeavor or commercial enterprise;
• The Rental be used to carry more passengers than the Rental has seat belts to accommodate;
• The Rental be used to tow or push anything, unless expressly authorized by 45° Rentals;
• The Rental be operated while the operator is under the influence of alcohol, drugs, or any controlled drug or substance identified in the Controlled Drugs and Substances Act, or medications that affect vehicle operation or constitute driving while impaired under applicable law;
• The Rental be used for unlawful purposes or for conduct that could be charged as a criminal offense, including, but not limited to, the transportation of a Controlled Substance or contraband, stolen goods, illegal devices, or persons protected by prohibitions against human trafficking;
• Any substance be smoked or burned in the Rental, including without limitation cigarettes, cigars, marijuana, incense, or smudge;
• Any space heaters or portable heaters be used in the Rental or used with the power outlets of the Rental;
• Anything that is not the toilet paper provided by 45° Rentals be flushed down the Rental’s toilet;
• The Rental be operated while overloaded;
• The Renter misrepresent the intended use of destination of the Rental;
• The Renter violate the 45° Rentals Terms of Service, or other Policies;
• The Renter bring pets or other animals into the Rental without prior permission from us (Renters may bring service animals on board the Rental. We do not charge a pet fee for service animals, however we reserve the right to request proof indicating service animal status. We may collect fees for any damage sustained to the Rental by any pet or service animal.);
• The Renter or any operator fail to promptly report any damage to or loss of the Rental (including all amenities and equipment provided by us with the Rental) to us when it occurs or when it is first noticed, and provide us with a written accident/incident report;
• The Renter or any operator fail to report an accident to law enforcement where required by law;
• The Renter obtain the Rental through fraud or misrepresentation;
• The Renter or any operator obtain operator approval through fraud or misrepresentation;
• The Renter or any operator leave the Rental and fail to remove the keys (or key fobs) or close and lock all doors and all windows and as a result the Rental is damaged, stolen, or vandalized;
• The Renter or any operator intentionally or with willful disregard cause or allow damage to the Rental;
• The Renter fail to take reasonable steps to secure the Rental, its keys (or key fobs), or other remote entry and starting devices upon after hours Rental return agreed-upon with us, and as a result the Rental is damaged, stolen, or vandalized;
• The Rental be driven, towed, or operated while the operator is using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages. This shall be deemed a breach of the Rental Agreement;
• The Renter or any operator fail to cooperate with any investigation we may undertake relating to the Rental.
The Renter agrees not to drive, tow, or operate the Rental in a careless or negligent or illegal manner, nor drive while under the influence of intoxicating substances, nor permit operation of the Rental by any person except those persons who have been confirmed by 45° Rentals as approved operators listed on the Rental Departure Form. You further agree not to use, or permit use of the Rental for unlawful purposes or for purposes in violation of this Agreement, the 45° Rentals Terms of Service, or other Policies. The Renter will hold harmless us, our agents and employees from any and all fines and penalties incurred during the rental period caused directly or indirectly by negligence, misuse or carelessness. You further agree to indemnify and hold us harmless from and against any and all claims for loss of, or damage to property, or injury to person, including death, resulting from the use and operation of the Rental. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation or booking of a Rental.
RECOVERY OF THE RENTAL
The Renter agrees that 45° Rentals shall always have a superior right of possession of the Rental over the Renter. If we determine or suspect the Rental is at risk of damage or loss, we have the absolute right to recover the Rental from the Renter regardless of the amount of time left in the Rental Period. If we recover a Rental from the Renter due to risk of damage or loss, the Renter agrees to pay for all associated costs of the recovery and the remaining cost of the Rental, including but not limited to employee wages, travel, fuel, repairs, and administrative costs, in addition of costs payable pursuant to other parts of this Agreement or the 45° Rentals Terms of Service. The Renter agrees that they are wholly responsible for these charges and the Renter will hold 45° Rentals harmless.
RENTER INCURRED FINES & CHARGES
The Renter is solely responsible for any and all traffic tickets, parking tickets, fines, citations, toll charges, penalties, interest, court costs, parking fees, storage costs, or liens incurred during the Rental Period, or arising from the Renter’s possession of the Rental during the Rental Period, even if discovered after the Rental Period. The Renter agrees to report to 45° Rentals and pay any such fines, penalties, or charges immediately upon discovery or notification, and provide 45° Rentals with proof of such payment. The Renter agrees that 45° Rentals may, in our sole discretion, pay all such fines, penalties, or charges on the Renter’s behalf directly to the appropriate authority and the Renter will pay 45° Rentals any and all costs we incurred in resolving the fines, penalties, or charges. The Renter also agrees to pay an administration fee of $50 for each fine, penalty or charge, or for any violation of the Rental Agreement, Terms of Service or other Policies, such as for repossessing or recovering the Rental for any reason. The Renter also agrees to pay any attorneys’ fees and expenses incurred by 45° Rentals, including without limitation employee wages, travel costs, fuel, towing costs, and repairs. The Renter agrees and acknowledges that 45° Rentals may cooperate with all federal, provincial, municipal and local authorities charged with enforcing these infractions to provide any information necessary as they may request.
The Renter authorizes 45° Rentals to charge their credit or debit card for all purchases, fees, and charges relating to the use of services or products purchased or received from 45° Rentals, including but not limited to security deposits, booking fees, cancellation fees, and damage fees, in accordance with this Agreement, the Terms, and other policies.
The Renter also authorizes 45° Rentals to store the Renter’s credit or debit card information on file for future transactions. The Renter understands that they may cancel this authorization at any time by contacting 45° Rentals, and that this authorization will remain in effect until cancelled.
The Renter authorizes 45° Rentals to release any information provided to us by the Renter relating to the Rental, including credit card or debit card information, to any agent 45° Rentals may authorize to act on our behalf for the purpose of processing, billing to, or collecting from the Renter for any amounts due for any fines, penalties, or charges incurred by the Renter or assessed against 45° Rentals or the Rental during the Rental Period, plus a $50 administrative fee. The Renter authorizes 45° Rentals or our agent (1) to bill the Renter directly to the credit card or debit card on file used to book the Rental, and (2) to contact the Renter directly regarding any fines or charges incurred by the Renter or assessed against 45° Rentals or the Rental during the Rental Period.
The Renter agrees to indemnify and hold harmless 45° Rentals, and any other agent 45° Rentals authorizes, for any such traffic tickets, parking tickets, citations, toll charges, penalties, interest, court costs, parking fees, storage costs, liens, and administrative fees.
DEPARTURE POLICY
The Renter’s liability for damages and responsibility for the Rental begins when 45° Rentals or our agent provides the Renter (or a person designed by the Renter as their agent) with the keys (if applicable), turns over possession, custody and control of the Rental to the Renter or their agent.
In instances where the Renter or their agent is not physically present at time of pickup/check-in, the Renter’s liability for damages and responsibility for the Rental begins when 45° Rentals relinquishes possession, custody and control of the Rental, and/or leaves the Rental’s keys (if applicable) in a designated location as mutually agreed to with us.
45° Rentals will ensure that immediately prior to pickup the Rental is clean on the interior and exterior and is in a safe and roadworthy condition. If it is not, or if any of its components are not working as expected at any point in during the Rental Period, the Renter must notify 45° Rentals immediately, and provide photos or videos of any damage or defects. Failure to do so may result in a denial of a reimbursement if requested, or damage fees to the Renter. 45° Rentals will take photos within 48 hours prior to departure of the exterior and interior of the Rental.
If the Renter is driving, towing, or operating a towable Rental, the Renter acknowledges that their vehicle has sufficient towing capacity, and the Renter further acknowledges that it is the Renter’s sole responsibility to ensure towables are properly hitched at the time of departure, with appropriately sized ball mounts, weight distributing hitch, or sway bars as necessary.
If 45° Rentals is delivering a towable Rental, we acknowledge that the vehicle used for delivery or pickup has sufficient towing capacity, and we further acknowledge that it is our sole responsibility to ensure towables are properly hitched at the time of departure, with appropriately sized ball mounts, weight distributing hitch, or sway bars as necessary.
Before the Renter takes possession of the Rental, 45° Rentals’ agent must complete the Rental Departure Form, including a thorough inspection of the Rental, and note in writing in the applicable section of the Departure Form any and all pre-existing damages or defects found on or in the Rental. All damages or defects noted on the Departure Form must also be documented by 45° Rentals via time stamped photos or videos. The Departure Form must be signed by the Renter and 45° Rentals’ agent, setting an agreement of the Rental’s condition between the Renter and 45° Rentals at time of pickup. The Renter acknowledges that they are fully liable and responsible for any damages or defects not listed on the Departure Form, and any missing, lost, or damaged amenities, as identified by 45° Rentals. 45° Rentals will take time stamped photos of the Rental’s exterior and interior within 48 hours of the Rental’s departure, documenting the Rental’s condition before departure.
RETURN POLICY
The Renter’s liability for damages and responsibility for the Rental ends when 45° Rentals or our agent assumes the keys (if applicable), possession, custody and control of the Rental from the Renter or their agent.
In instances where the Renter or their agent is not physically present at time of return/check-out, the Renter’s liability for damages and responsibility for the Rental ends when 45° Rentals assumes possession, custody and control of the Rental and/or retrieves the Rental’s keys (if applicable).
The Renter agrees to return the Rental at or before the latest time of return indicated on the Departure Form or such other time as mutually agreed to with us. The Rental must be returned in the same or better condition than at time of pickup, in full working order with a clean interior and exterior. Any damage, cleaning, or other additional fees may be assessed and charged against the Renter’s security deposit or charged otherwise in accordance with this Agreement or the Terms of Service. 45° Rentals will take photos within 48 hours after Rental return of the exterior and interior of the Rental.
If the Renter is unable to drop off the Rental at or before this time you must notify us immediately. If the Rental is not vacated or returned by the agreed to time, the Renter agrees that they no longer have permission to stay in or utilize the Rental. In such cases 45° Rentals is entitled to make the Renter vacate the Rental and return all property and keys in a manner consistent with local, provincial, and federal law. The Renter agrees that the Renter’s credit card on file will be charged a one-time $50 administration fee plus the full nightly (24 hour) rental rate for the Rental unit for each day the Rental is late, even if late only a portion of a day. If due to a late Rental return, we have to cancel another booking, the Renter agrees that their credit card on file will be charged a one-time $250 administration fee.
If the Rental is returned to 45° Rentals past the latest time of return indicated on the Departure Form, past another time as mutually agreed to with us, outside of regular business hours, or at any other time as mutually agreed to with us when a 45° Rentals agent is unable to facilitate the Rental return and complete the Return Form, the Renter remains in possession of the Rental and remains fully responsible and is solely liable for any damage or theft of the Rental occurring until 45° Rentals’ acceptance of the returned Rental, completion of the Return Form, and return of the Rental’s keys.
Upon return of the Rental, 45° Rentals’ agent must complete the Rental Return Form, including a thorough inspection of the Rental, and note in writing in the applicable section of the Return Form any and all damages or defects found on or in the Rental that are not listed on the Departure Form. All damages or defects noted on the Return Form must also be documented by 45° Rentals via time stamped photos or videos. The Rental Return Form must be signed by the Renter and 45° Rentals’ agent, setting an agreement of the Rental’s condition between the Renter and 45° Rentals at time of return. The Renter acknowledges that the Renter is liable and solely responsible for (1) any damages or defects listed on the Rental Return Form that are not listed on the executed Rental Departure Form, (2) any damages, defects, or missing amenities identified by 45° Rentals at a later time or date following the return of the Rental, if deemed by us to have occurred during or be a result of the Renter’s possession of the Rental, whether noted on the executed Rental Return Form or found after execution of said form, (3) any missing, lost, or damaged amenities as identified by 45° Rentals, (4) and any other costs for needed repairs, replacements, or cleaning as identified by 45° Rentals, whether noted on the executed Rental Return Form or found after execution of said form. 45° Rentals is not responsible for personal property left in the Rental.
The Renter shall reimburse 45° Rentals for the cost of any repair, replacement, or cleaning identified by 45° Rentals. To the extent that the security deposit paid to 45° Rentals is insufficient to cover the costs and damages incurred by Renter, Renter will make immediate payment to 45° Rentals, upon demand. 45° Rentals will take time stamped photos of the Rental’s exterior and interior within 48 hours of the Rental’s return, documenting the Rental’s condition after return.
The Rental Departure Form and Rental Return Form cannot be altered after signing without written consent and signing by both Parties.
DELIVERY
For Rentals being delivered and/or picked up by 45° Rentals, the Renter is not responsible for any damage that occurs during the delivery or return of the Rental, as the Rental is in 45° Rentals’ or our agent’s possession during this time. All 45° Rentals delivery drivers, agents, and contractors are verified to be validly licensed to drive, tow, or operate the Rental and approved by 45° Rentals prior to doing so.
RENTER INFORMATION & VERIFICATION
When placing a rental booking and on various booking related forms, we may ask for your personal information (first and last name, date of birth, address), contact information, payment information, and your driver’s license and insurance information so that we can ensure you meet our eligibility requirements. We also ask for the personal and driver’s license information for any additional operators you add to the booking. Accepted jurisdictions for driver and insurance information are: North America, Europe, United Kingdom, and Australia. For non-motorized rentals, we will not ask for driver’s license and insurance information specifically, but government issued photo-ID information which may be a driver’s license. Before being able to take possession of the Rental, you must be approved by us, which may include us physically verifying driver’s licenses, utilizing driver’s abstracts, identity verification and background check tools. We may use third party sources to complete this and will not share your information outside of this scope. In certain cases, we may need additional information from you, in such cases we will contact you with any details or requirements.
CANCELLATION POLICY
Unless otherwise stated on the Site, the following is the default 45° Rentals Cancellation Policy:
• If you cancel a booking within 48 hours of requesting it, we will, if applicable, issue a full refund for the Rental Fees, Service Fees and any applicable taxes paid, and cancel any pre-authorization to your credit card related to the booking. You will not be subject to a penalty.
• If you cancel a booking more than 30 days before the first day of rental period, we will issue a refund of 75% of the booking’s Rental Fees, and any applicable taxes. You will pay a penalty of 25% of the booking’s Rental Fees, the full Prep Fee, and any applicable taxes.
• If you cancel a booking less than 30 days but more than 7 days before the first day of rental period, we will issue a refund of 50% of the booking’s Rental Fees, and any applicable taxes. You will pay a penalty of 50% of the booking’s Rental Fees, the full Prep Fee, and any applicable taxes.
• If you cancel a booking less than 7 days before the first day of rental period, we will not issue a refund. You will pay a penalty of 100% of the booking’s Rental Fees and Service Fees, and any applicable taxes.
If 45° Rentals cancels a requested or approved booking made via the Site, we will refund the Total Fees for the cancelled booking to the applicable Renter within a commercially reasonable time after the cancellation. We will notify the Renter of such a cancellation via email or other communication, which may include other pertinent information or alternative Listings.
All refunds will be processed within a commercially reasonable time.
DAMAGE TO RENTALS
The Renter is responsible for maintaining and returning the Rental in the same condition it was in at Rental pickup. Renter acknowledges and agrees that they are responsible for their own acts and omissions and are also responsible for the acts and omissions of any persons who in any way access, utilize, drive, tow, or operate the Rental. In the event 45° Rentals identifies damage and through investigation, which may involve photo evidence, deems the Renter responsible, the Renter agrees to pay the cost of replacing the damaged items with equivalent or better items, any repairs, and any cleaning. Any such damage will be charged against the security deposit. The Renter agrees if the security deposit is not sufficient to cover all damage cost that within 48 hours of notification of such damage, 45° Rentals will charge any remaining cost to the Renter’s credit card on file. Renter agrees that they will hold 45° Rentals harmless and that we have no responsibility for any damages that the Renter caused to the Rental or to any person, or any damage to the Rental or any person which occurred during the Renter’s contractual possession of the Rental during the rental period. Renter agrees that their personal insurance or any other applicable insurance they purchased will act as primary to any insurance coverage 45° Rentals may hold.
We reserve the right to charge the Renter’s credit card on file, collect payment from the Renter using alternate payment methods, and pursue any avenues available to us in this regard, in situations where we determine in our sole discretion, that damage occurred to the Rental during the Renter’s contractual possession of the Rental during the rental period. If we are unable to collect payment from you, you agree to remit payment for any damage to the Rental to us.
The Renter must report all accidents or incidents involving the Rental to 45° Rentals immediately upon discovery and within 24 hours of occurrence. The Renter must report all criminal incidents or accidents, including without limitation theft, vandalism, or hit and run, including the suspicion of the former, to the police immediately upon discovery and must file a police report. The Renter must provide copies of any filed police reports to 45° Rentals as soon as possible. If possible, the Renter should document accidents or incidents by time-stamped photos and provide these to 45° Rentals. Failure to file a police report in case of damage caused by criminal incidents or accidents will result in the Renter being held liable for any damage by 45° Rentals. If a Rental has been damaged during the rental period and the damage occurred as a result of vandalism or there is a suspicion of vandalism by the Renter, a police report will be filed by 45° Rentals and the Renter will be held liable for any damage.
The Renter acknowledges that they are responsible for all damage to the Rental, missing equipment or amenities, down time, and our administrative expenses connected with loss irrespective of the cause of damage or loss or the negligence or lack thereof of Renter. The Renter is responsible for loss due to theft of the Rental, and damages due to vandalism of the Rental.
In the event of any loss or damage to the Rental, or any personal property or bodily injury claim that occurs during the Rental Period due to any cause regardless of fault, including, but not limited to, collision, rollover, theft, vandalism, seizure, fire, flood, wind, hail or other acts of nature or God, the Renter is held responsible and is required to pay for the full amount of the claim including the insurance deductible. In the event the Renter has violated the terms of this Agreement or 45° Rentals’ Terms of Service or Policies, the Renter will be held responsible for the full amount of the claim including the insurance deductible.
The Renter agrees that any costs for needed repairs, replacements, or cleaning identified by 45° Rentals will be charged against the Renter’s security deposit, charged to the Renter’s credit card, or otherwise processed in accordance with the 45° Rentals Terms of Service or Rental Agreement. The Renter shall reimburse 45° Rentals for the cost of the repair, cleaning, or replacement if 45° Rentals deems the Renter is responsible for the damage or loss within 48 hours of notification. If the security deposit paid to 45° Rentals is insufficient to cover the damage incurred by the Renter, the Renter authorizes 45° Rentals to charge the difference to the Renter’s card on file or agrees to pay 45° Rentals the difference out of pocket.
INSURANCE
45° Rentals has liability and comprehensive insurance coverage for Rental vehicles. Renters may not be covered by this insurance coverage, and we encourage Renters to purchase applicable insurance from their preferred third-party insurance provider. The Renter acknowledges that they are solely responsible and liable for any damages or losses caused to themselves, their property, the Rental, or third parties if 45° Rentals deems the Renter responsible. The Renter agrees that 45° Rentals has no responsibility or obligation to provide coverage to the Renter for any Rental, and that this is solely the Renter’s responsibility. Rentals are only insurable in Canada. Any Rental that enters into the USA or Mexico is not covered under insurance, and it is therefore expressly prohibited to leave Canada with any Rental.
The Renter must provide 45° Rentals with proof indicating the they have motor vehicle liability that satisfies the legal minimum requirement, collision, and comprehensive insurance covering the Renter, 45° Rentals, and third parties for the Rental being driven or towed, in each province or jurisdiction the Renter will visit with the Rental. The Renter acknowledges that any third-party insurance purchased by the Renter is primary over the any insurance coverage 45° Rentals may hold. Except where required by law to be primary or excess, any protection provided through the Rental’s insurance coverage shall be secondary to, and not in excess of, any applicable insurance available to or purchased by the Renter, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way.
INDEMNIFICATION AND WAIVER
The Renter shall forever defend, indemnify, and hold 45° Rentals, and our officers, directors, employees, agents, and parent and affiliated companies, and the legal owners of Rentals, harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by them in any manner from this rental transaction or from the use during the Rental Period by the Renter or any person, including claims of, or liabilities to, third parties or resulting from latent or other defects whether or not discoverable by the Renter or 45° Rentals. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the rental contract terms whether by formal request from 45° Rentals or otherwise. It is agreed and understood that 45° Rentals has the right to control the defense of any such claim.
THE RENTER ACCEPTS THE RENTAL “AS IS” WITH ALL FAULTS AND WITHOUT RESERVATION. 45° RENTALS (INCLUDING THE LEGAL OWNER OF THE RENTAL) DOES NOT WARRANT AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE RENTAL OR TIRE CONDITION, UTILITY, SUITABILITY, OR FITNESS FOR ANY PARTICULAR PURPOSE.
The Renter shall hold harmless, us from and against all loss, bodily injury, damages and expenses, including legal expenses, of any kind arising from the Rental unit during rental possession extending to such time use is finalized and cleared by us, including without limitations, latent and other defects whether or not discoverable by you or us. This indemnity shall continue in effect at all times despite the return of the rental before or after expiration of the contract terms whether by a formal request from us or otherwise. It is agreed and understood that the 45° Rentals may control the defense of any such claim. Any violation of these terms may result in cancellation of booking, recovery of the Rental by 45° Rentals, or loss of any applicable insurance coverage.
THE RENTER WAIVES AND RELEASES 45° RENTALS FOR ANY CLAIM OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOST OR IMPUTED PROFITS OR REVENUES OR COSTS ARISING FROM OR RELATED TO THE RENTAL OR BOOKING REGARDLESS OF THE LEGAL THEORY UNDER WHICH LIABILITY IS ASSERTED AND REGARDLESS OF WHETHER 45° RENTALS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LIABILITY, LOSS OR DAMAGE.
45° RENTALS LIMITATION OF LIABILITY
THE RENTER AGREES, ON BEHALF OF THEMSELVES AND ANY PASSENGERS OR OPERATORS OR USERS OF THE RENTAL, THAT THEIR EXCLUSIVE REMEDY FOR ANY AND ALL CLAIMS OF DAMAGE OR LOSS RELATED TO USE OF THE RENTAL SHALL BE LIMITED TO THE TOTAL RENT PAID OR PAYABLE BY RENTER TO 45° RENTALS UNDER THIS AGREEMENT.
THE RENTER AGREES THAT 45° RENTALS’ AGGREGATE TOTAL LIABILITY UNDER ANY THEORY WHATSOEVER IN CONNECTION WITH ANY RENTAL OR BOOKING BE LIMITED TO, AND SHALL NOT EXCEED, THE TOTAL RENT PAID OR PAYABLE BY RENTER TO 45° RENTALS UNDER THIS AGREEMENT. IN NO EVENT SHALL 45° RENTALS, ITS AFFILIATES, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS OR REPRESENTATIVES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND. IN ADDITION, 45° RENTALS IS NOT LIABLE FOR ANY LOST PROFITS OR REVENUES, INCLUDING DAMAGES FOR LOSS OF GOODWILL, BUSINESS INTERRUPTION, DATA BREACH, DATA LOSS, FRAUD LOSSES, LOSSES DUE TO CRIMINAL CONDUCT BY RENTER OR PASSENGERS OR THIRD PARTIES, LOSSES IN CONNECTION WITH CHARGEBACKS, PAYMENT PROCESSOR DISPUTES, LOSSES DUE TO THE CONDUCT OF PAYMENT PROCESSORS, LOSSES DUE TO FALSE FRAUD SCREENING OR IN ANY OTHER WAY IN CONNECTION WITH OR ARISING OUT OF THE RENTAL OR BOOKING, RENTER’S USE OF THE 45° RENTALS TECHNOLOGY PLATFORM, FAILURES OF ANY TECHNOLOGY OR WEB PLATFORM, FAILURES OF IDENTITY VERIFICATION SERVICES, FAILURES OF THE INTERNET, SYSTEMS, COMPUTER FAILURES, AND TAXES OR DUTIES, WHETHER THE DAMAGE CLAIMS ARE BASED IN CONTRACT, NEGLIGENCE, TORT, WARRANTY, STRICT LIABILITY OR ANY OTHER THEORY AT LAW OR EQUITY.
RIGHT OF POSSESSION
45° Rentals shall always have superior right of possession of the Rental over the Renter. Owners of consigned Rentals shall always have superior right of possession of their Rental over the Renter. If 45° Rentals’ employees or agents in their sole discretion, determine the Rental is at risk of damage or loss, or if the Owner of a consigned Rental determines their consigned Rental is at risk of damage or loss and provide us reasonable justification or evidence of such risk, we have the absolute right, but not the obligation, to recover the Rental from the Renter regardless of the amount of time remaining in the Rental Period. In the event we recover a Rental from the Renter, the Renter agrees to pay, in addition to costs payable pursuant to other parts of this Agreement, for all costs associated with the recovery, including but not limited to employee wages, travel, fuel, repairs, and administrative costs.
You acknowledge that 45° Rentals may not own the Rental being rented to you, and that the Rental is being rented under a valid agreement with the Owner of the unit. We represent and warrant that we have the legal authority to enter into a booking and renting out the Rental. This agreement is not assignable by you.
PERSONAL PROPERTY IN THE RENTAL
45° Rentals is not responsible for personal property or loss of, theft, or damage of such personal property that is (1) left in or on the Rental, (2) in or on any 45° Rentals vehicle, including our agent’s or contractor’s vehicle, (3) at or on our premises, or (4) in any way received or handled by us, regardless of who is at fault. Renter will be solely responsible to 45° Rentals for claims by other parties for loss or damage caused by the Renter’s property.
LOCATION TRACKING
As a security measure we reserve the right to install and utilize location trackers on rental items and vehicles. Technologies used for tracking include but are not limited to, GPS and Bluetooth. You agree that we may locate the Rental at any time during the rental period to verify the Rental’s real-time location or location history. You must never tamper with, remove, move, or in any way alter a location tracker installed in or on a Rental. We use reasonable security measures to protect the data we receive via the tracking hardware, however we cannot guarantee that third parties will never defeat our security measures.
SECURITY DEPOSIT
A security deposit from the Renter is required two weeks prior to pick up and will be refunded if the Rental is returned in acceptable condition, or when all costs are paid pursuant to the terms of this Agreement and the 45° Rentals Terms of Service. The amount of the security deposit is stated on the Site and in the booking confirmation. 45° Rentals may use the Renter’s security deposit to pay any amounts owed under this Agreement. If the amount of the security deposit is insufficient to satisfy all amounts due, the Renter agrees to pay all additional charges immediately upon request, and authorizes 45° Rentals to process a charge to the Renter’s credit card on file for any outstanding charges.
Minimum requirements for return of the security deposit include, at time of return:
• The Rental is not missing any included items or amenities;
• The Rental’s exterior and interior are clean;
• Fuel levels are equal to or above the level at departure;
• Holding tanks are emptied to or below the level at departure;
• No damage was sustained to the Rental;
• All additional charges are paid in full.
The security deposit will be returned within two weeks after return if there are no damages to the Rental or ancillary overages or fees due. Notwithstanding the foregoing, as described herein, certain charges will be charged to the Renter at the date of discovery by 45° Rentals, including without limitation tickets, toll fees, etc.
AS DESCRIBED IN THIS AGREEMENT OR THE 45° RENTALS TERMS OF SERVICE AND POLICIES, ALL APPLICABLE CHARGES AND INSURANCE DEDUCTIBLES WILL BE DEDUCTED FROM THE SECURITY DEPOSIT, AND RENTER AGREES TO PAY ANY BALANCE ABOVE THE SECURITY DEPOSIT.
MAINTENANCE
We are responsible for inspecting, if applicable to that Rental, the Rental’s brakes, tires, tire pressure, lug nuts, wheels, LP gas systems, and all fluid levels prior to Rental departure. The Owner of consigned Rentals is responsible for mechanical damages due to negligence in operation or maintenance of their consigned Rentals.
You are responsible for inspecting, if applicable to that Rental, the Rental’s brakes, tires, tire pressure, lug nuts, wheels, LP gas systems, and all fluid levels during the Rental Period, and you are responsible for mechanical damages due to negligence in operation or maintenance.
REPAIRS & BREAKDOWN
In case of a breakdown or mechanical issue with the Rental during the Rental Period, contact us immediately. We will dispatch roadside service or repair service as soon as possible. If immediate repairs are required, repairs can be completed and paid for by you, but must you have express authorization from us prior to starting any repair. You must save all repair receipts and submit them to us for review upon returning the Rental. Reimbursement will depend on the type of repair and its cause. Any repair cost incurred by you that was not expressly authorized by us is your sole responsibility.
45° Rentals is not responsible for providing accommodation, transportation, or meals in cases of Rental breakdown, however we will reimburse the Renter for any loss of use of the Rental within the Rental Period in increments of each full 24 hour period lost, at the nightly Rental Fee paid in accordance with this Agreement.
DISPUTES
The Renter agrees that all disputes or claims arising out of or relating to this Agreement or your use of the Rental (whether based in contract, tort, statute, or any other legal theory) will be governed by the Dispute Resolution procedures outlined in the 45° Rentals Terms of Service. This Agreement shall be construed in accordance with the laws of the province of Saskatchewan. You agree that in the event we prevail in a suit to enforce this Agreement, we shall be entitled to recover all our costs and reasonable attorney’s fees incurred in any such action.
COOPERATION
The Renter agrees to cooperate with and assist us in good faith, and to provide us with any information and take any actions we may reasonably request in connection with any complaints or claims relating to (1) Rentals (including but not limited to (i) the Rental Agreement, (ii) the pickup, use and return of the Rental, (iii) the consignment of a Rental, and (iv) any disputes, actions, proceedings, suits, and investigations related to the Rental, or the Renter’s use of the Rental), (2) any personal or other property located at, on, or in a Rental, or 45° Rentals vehicle (including agent’s and contractor’s vehicles), or 45° Rentals premises, or (3) any investigation we may undertake regarding the former. This includes without limitation, providing and delivering any documents we may reasonably request, testifying under oath, and taking any other actions we reasonably request related to the Terms of Service, the Rental Agreement, other Policies, the Consignment Agreement or Contract, the Rental, or the rental transaction. The Renter agrees to participate in the Dispute Resolution process outlined in the Terms of Service to resolve disputes with respect to losses for which we are requesting payment from you under this Agreement. Any violation of this Agreement may result in cancellation of booking, recovery of the Rental by us, or loss of any applicable insurance coverage.
Unless prohibited by law, the Renter releases us from any liability for consequential, special, and/or punitive damages in connection with the Rental. The Renter shall hold harmless 45° Rentals and our agents and employees from and against any and all loss, bodily injury, damages, and expenses, including legal expenses, of any kind arising from the Rental during your possession of the Rental extending to such time the Rental Period is completed and cleared by us, including without limitations, latent and other defects whether or not discoverable by you or us. This indemnity shall continue in effect at all times despite the return of the Rental before or after expiration of the contract terms whether by formal request from us or otherwise. It is agreed and understood that we may control the defense of any such claim.
ASSIGNMENT & TRANSFER
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms without restriction, at our sole discretion. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
ADDITIONAL CONSIDERATIONS
This Agreement constitutes the entire agreement between the parties regarding the Rental and supersedes all prior oral or written agreements or understandings regarding the subject matter. This Agreement does not create any type of partnership between the Renter and 45° Rentals or Rental Owner. This Agreement may not be cancelled or modified except in writing signed by all parties.
RENTER FURTHER HEREBY AGREES TO INDEMNIFY, SAVE, AND FOREVER HOLD HARMLESS 45° RENTALS AND RENTAL OWNER FROM ANY AND ALL LIABILITY, CLAIMS, OR CAUSES OF ACTION OF ANY KIND OR CHARACTER WHATSOEVER, AND BY WHOMEVER ASSERTED, ARISING FROM OR IN ANY WAY RESULTING OUT OF THE OPERATION OR USE OF THE RENTAL UNDER THIS AGREEMENT AND AGREES, IN SUCH EVENT, TO PROVIDE A DEFENSE THEREFORE AS CHOSEN AND DIRECTED BY 45° RENTALS AND TO PAY ANY EXPENSES IN THE DEFENSE OF ANY SUCH CLAIM OR LAWSUIT THIS AGREEMENT INCLUDING, BUT IS NOT LIMITED TO, CLAIMS OF NEGLIGENCE OR GROSS NEGLIGENCE ON THE PART OF 45° RENTALS AND/OR THE RENTAL OWNER.
RENTER UNDERSTANDS AND AGREES THAT AS PART OF THE CONSIDERATION OF 45° RENTALS RENTING THE VEHICLE TO RENTER, RENTER DOES HEREBY ASSIGN TO 45° RENTALS ANY CAUSE OF ACTION JUDGMENT OR SETTLEMENT AS THE RENTER MAY HAVE AGAINST ANY PERSON, FIRM OR CORPORATION, INCLUDING BUT NOT LIMITED TO 45° RENTALS AND/OR THE RENTAL OWNER, TO SECURE SATISFACTION AND DISCHARGE OF ANY JUDGMENT OVER AND AGAINST 45° RENTALS AND/OR THE RENTAL OWNER FOR ACTUAL, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES, AND/OR CLAIMS FOR INDEMNITY AND/OR CONTRIBUTION, STATUTORY, CONTRACTUAL OR OTHERWISE.