Please view our Addendum below, Effective for Agreements signed from 24th of March, 2023.
Addendum to Rental Agreement for US Residents
This ADDENDUM (“Addendum”) to the rental agreement number (“Rental Agreement”) by and
between Bargain Car Rentals Australia anywhere In The World (the “Rental Company”) and the
Renter, whose name appears on the vehicle Rental Agreement to which this Addendum relates
and who resides within the United States of America or one of its territories, is made effective as
of the date the Rental Agreement is executed by Renter (“Effective Date”).
The obligations and rights established in this Addendum are entered by and between the Renter
and PurCo Fleet Services, Inc. (“PurCo”), a Utaxh corporation located at 136 S. Main Street,
Spanish Fork, Utah 84660. Phone number 888-787-2688.
- Assignment of Claims: The Renter hereby acknowledges that he/she will be financially responsible for any and all claims arising out of physical damage to the rental vehicle not otherwise covered by any damage waiver(s) if purchased (“Physical Damage Claims”). The Renter acknowledges and agrees that this Addendum shall govern all Physical Damage Claims. The Physical Damage Claims are automatically assigned to PurCo. Renter acknowledges and agrees that, except as otherwise mandated by governing law, the following shall apply:
- Physical Damage: Regardless of fault and subject to the terms and conditions of the damage waiver(s) (if purchased), Renter agrees to be responsible for all damage to or loss of the Vehicle during the rental period, as demonstrated by a repair estimate and/or appraisal, resulting from any cause, including, without limitation, damage caused by collisions, weather, theft, vandalism, road conditions and acts of nature.
- In the event of Physical Damage, Renter also agrees to be responsible for the following:
- Diminution of Value: For Physical Damage Claims where the Rental Company determines that the Vehicle is repairable, the amount of “diminution of value,” if any, shall be payable to PurCo as established by an independent, third-party estimate or valuation obtained by PurCo and provided to Renter.
- Loss of Use: For any Physical Damage Claims, “loss of use,” or a term equivalent thereto, shall be payable to PurCo without proof of fleet utilization to any degree, rental of a substitute vehicle, actual loss, lost profit, or lost opportunity to earn profit. Loss of use shall be calculated based solely on the number of days that the vehicle is unable to be used multiplied by the daily rental rate set forth in the Rental Agreement. For purposes of the loss of use calculation, one day is equal to four labor hours, two weekend days are added for every five repair days, and three administrative days are added for the time needed to obtain an estimate, take the vehicle to the shop, and retrieve the vehicle.
- Administrative Fees: For any Physical Damage Claims, the Administrative Fee, as
found in the Rental Agreement Terms and Conditions, is payable to PurCo in US Dollars
(USD) based on the damage repair estimate (as converted to USD) as follows, which
Renter agrees is reasonable:
- $2501 and above=$250.
- Total Loss: In the event the Rental Company determines the damage to the Vehicle constitutes a total loss, Renter shall be responsible for the fair market value of the Vehicle, less salvage, if any.
- Towing/storage: Towing, storage, and impound charges and other reasonable incidental and consequential damages.
- Attorney’s Fees: In any action to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover its costs, including reasonable attorney’s fees.
- Governing Law, Venue, and Jurisdiction: Renter hereby acknowledges and agrees that, notwithstanding any provision to the contrary in the Rental Agreement, that the Jurisdiction, Venue, and the law governing the interpretation and performance of the Rental Agreement and this Addendum, as it relates solely to Physical Damage Claims, shall be the State or Territory of the United States in which Renter has a residence (“residence” shall mean the physical address appearing on Renter’s driver’s license or passport that Renter presents to the Rental Company in connection with the execution of the Agreement) as of the Effective Date, without regard to any conflicts of law analysis, and nothing in this Addendum shall be construed to the contrary.
- Renter hereby further acknowledges and agrees:
- Rental Company has not delegated any duties or assigned any obligations to PurCo under the Rental Agreement;
- Rental Company has undertaken no duties or obligations in this Addendum;
- The exclusive jurisdiction and venue for all affirmative claims brought by Renter against Rental Company under any theory of law shall be as set forth in the Rental Agreement; and
- Rental Company has not consented to or subjected itself to jurisdiction in any other jurisdiction or venue by virtue of this Addendum.
- Renter shall not be entitled to offset any damages it may be awarded from Rental Company against any amounts owing for Physical Damage Claims.
- The invalidity of any portion of this Addendum shall not prevent the remainder from being carried into effect.
- This is the entire agreement between Renter and PurCo.