1. Definitions

“Agreement” means all terms and conditions in the Vehicle Rental Agreement.  These Terms & Conditions, the Additional Rental Rules and Policies, and our Rules of the Road. “You” or “your” means the person identified as the Customer on the Agreement. Meaning each person signing this Agreement, each Authorized Driver, and each person or organization to whom we bill charges at its or the Customer’s direction.

Rental Policies & Contracts:  Definition of Parties

All persons referred to as “you” or “your” are jointly severally bound by this Agreement. “We,” “our,” or “us” means Nashville Van Rentals, LLC. “Authorized Driver” means the Customer, the Customer’s spouse, and each additional driver listed by us in this Agreement. And if the Customer is a business entity, all authorized employees of the Customer, provided that each such person has a valid driver’s license and is at least age 25. Only Authorized Drivers are permitted to drive the Vehicle.  “Vehicle” means the van or other vehicle identified in this Agreement.  And each vehicle we substitute for it and all its tires, tools, accessories, equipment, keys, and vehicle documents.

Vehicle and Liability Definitions

The Vehicle may be equipped with global positioning satellite (“GPS”) technology. OnStar, or another telematics system and/or an event data recorder, and privacy is not guaranteed. “Loss of Use” means the loss or ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Bailment Period. Including use or display for loan, rent, or sale; opportunity to upgrade or sell; or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs.  This will be calculated by a third-party estimate we obtained or on our behalf. 

Rental Policies & Contracts “Charges”

Charges means the fees incurred under this Agreement.

Defining Bailment and Vehicle Rate

“Bailment Period” means the period between the time you take possession of the Vehicle until it is returned to or recovered and checked in by us. “Daily Vehicle Rate” means the daily time and mileage fee typically charged by car rental companies for vehicles of the same type as the Vehicle at non-airport rental locations in this city or market area.  

2. Bailment: Indemnity and Warranties

This Agreement is a contract for the bailment of the Vehicle.  By accepting possession of the Vehicle, you accept the obligations of a bailee of the Vehicles towards us as the bailor.  And that any fee or other form of consideration derived by us from you or the manufacturer of the Vehicle is adequate consideration for the use of the Vehicle. We may repossess the Vehicle at your expense without notice if the Vehicle is abandoned or used in violation of law or this Agreement.

Vehicle Monitoring

Where permitted by law, we have the right to monitor the Vehicle through remote tracking devices and OnStar.  And disable these when we deemed necessary. You agree to indemnify, defend, and hold us harmless from all judgments, claims, liability, costs, and attorney fees we incur resulting from or arising out of this Agreement.  Or your use of the Vehicle or our repossession of it. We make no warranties, express, implied, or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. 

3. Condition and Return of Vehicle

You are responsible for inspecting the vehicle before taking possession of it. By taking possession of the vehicle, you agree that the vehicle is in good and safe physical and mechanical condition. Furthermore, you agree to return the vehicle in the same condition as received, ordinary wear and tear excepted. THE VEHICLE MUST BE RETURNED WITHIN 24 HOURS OF NOTIFICATION BY THE US OR ON THE DATE AND TIME SPECIFIED IN THE AGREEMENT.  WHICHEVER OCCURS FIRST.  Return the vehicle with a full tank of gas.

Extending the Bailment Period

Therefore, to extend the Bailment Period, you must return the Vehicle to our office for inspection and written amendment by us before the due-in date. If the vehicle is returned after closing hours, you remain responsible for all loss and damage to the Vehicle.  This will be required until we inspect it upon our next opening for business, and Charges may continue to accrue. Service to the Vehicle or replacement of parts or accessories during the Bailment Period must have our prior written approval. You must check and maintain all fluid levels and return the Vehicle with a full fuel tank.  

4. Responsibility for Damage or Loss; Reporting to Police

You are responsible for all damage to or loss or theft of the Vehicle.  This will include damage caused by weather, acts of God, or terrain conditions. Subject to Tennessee law, your responsibility will include:

(a) all physical damage to the Vehicle measured as follows:

(i) If we determine the Vehicle is a total loss, the fair market value of the Vehicle, less salvage;

(ii) if we determine that the Vehicle is repairable:

     (A) the difference between the value of the Vehicle immediately before the damage.  And the value immediately after the damage.  Or,

     (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value. 

Rental Policies & Contracts Loss of Use

           (b) Thus, loss of Use is measured by multiplying the Daily Vehicle Rate by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired.  Being whichever you agree represents a reasonable estimate of Loss of Use damages and not a penalty;

          (c) a reasonable administrative fee;

          (d) towing, storage, impound charges, and other reasonable incidental and consequential damages; and

          (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft or vandalism to us and the police as soon as you discover them.

5. Prohibited Use

The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The vehicle shall not be used:

(a) by anyone who is not an Authorized Driver or by anyone whose driver’s license is suspended in any jurisdiction;

(b) by anyone under the influence of a prescription or non-prescription drug or alcohol;

(c) by anyone who obtained the Vehicle or extended the Bailment Period by giving us false, fraudulent, or misleading information or who withheld information that would have caused us not to permit the use of the Vehicle;

(d) in furtherance of an illegal purpose or under circumstances that would constitute a felony or other violation of the law (other than a minor traffic violation);

Prohibited Use Continued

(e) to carry persons or property for hire;

(f) to push or tow anything;

(g) to teach anyone to drive;

(h) to carry objects on the roof of the Vehicle;

(i) in any race, speed test, or contest;

(j) to carry dangerous items or illegal material;

(k) outside the United States, Canada, or a geographic area described elsewhere in this Agreement;

(l) when loaded beyond its capacity, as determined by the manufacturer of the Vehicle;

(m) on unpaved surfaces;

(n) to transport more persons that the Vehicle has seat belts or to carry persons outside the passenger compartment;

(o) to transport children without approved child safety seats as required by law;

Rental Policies & Contracts Prohibited Use Continued

(p) when the odometer has been tampered with or disconnected;

(q) when the Vehicle’s fluid levels (including DEF if the Vehicle is diesel-powered) are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle;

(r) with inadequately secured cargo;

(s) after an accident with the Vehicle unless you summon the police to the accident scene:

(t) to transport an animal (other than a service animal; (u) in or through an underpass, gas station, drive-through, or other structure where there is insufficient clearance (width or height);

(v) by anyone using a phone without a hands-free device or sending any electronic message, including text messages or emails while operating the Vehicle; or

(w) smoking in the Vehicle. PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (WHERE PERMITTED BY LAW).

6. Insurance

You are responsible for all damage or loss you cause to others. Furthermore, you agree to provide primary automobile liability, collision, and comprehensive insurance covering you, us, and the Vehicle. Where state law requires us to provide auto liability insurance.  Or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is in excess of any other valid and collectible insurance.  This is whether primary, secondary, excess, or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the state’s financial responsibility laws whose laws apply to the loss.  The Policy does not cover injury to you. You and we reject PIP, medical payments, no-fault, and uninsured and under-insured motorist coverage where the law permits.

Minimum Limits

To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must:

(a) report all damage to us and all accidents to use, and the police as soon as you discover them and complete our incident report form; and

(b) provide us with a legible copy of any service of process, pleading, or notice related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver.  Or otherwise, materially breach this Agreement.  Or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.

7. Charges and Costs

You permit us to reserve against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit after the Vehicle is returned. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which the card issuer may not immediately release. Therefore, you will pay us after the Bailment Period or on demand all Charges, including:

(a) all Charges listed on the Face Page, including any applicable taxes and surcharges;

(b) fuel and a refueling fee if you return the Vehicle with less than a full tank of fuel;

(c) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we repossess it;

(d) all costs, including pre-and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement;

Rental Policies & Contracts Charges and Costs Continued

(e) a 2% per month late fee or the maximum amount allowed by law, whichever is greater, on all past-due amounts;

(f) $30 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid;

(g) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when received;

(h) a reasonable fee of up to $500 if you lose the keys or toll transponder to the Vehicle; and (l) a late fee if you do not return the Vehicle as specified on the Face Page.

All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with your payment card issuer.

8. Responsibility for Tolls, Traffic Violations, and Other Charges

You are responsible for paying the charging authorities directing all tolls (“Tolls”) and parking citations, photo enforcement fees, fines for toll evasion, and other finds, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Bailment Period. Furthermore, if we are notified by charging authorities that we may be responsible for payment of a Toll or Violation, you will pay us or a processing firm (“Processor”) of our choosing an administrative fee of up to $50 for each such notification. You authorize us to release your payment card information to a Processor for processing and billing purposes. If we or the Processor pay a Toll or Violation, you authorize us or the Processor to charge all such payments, service fees, and administrative fees to the payment card you used in connection with this transaction.

9. Personal Information

You agree that we may disclose personally identifiable information about you to applicable law enforcement agencies.  And to other third parties in connection with enforcing our rights under this Agreement and other legitimate business functions. Furthermore, questions regarding privacy should be directed to where you took possession of the Vehicle.

10. Miscellaneous

No term of this Agreement can be waived or modified except by a writing that we have signed. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this transaction are void. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. You release us, our agents, and employees from all claims for loss of, or damage to, your personal property or that of any other person that we received, handled or stored, or that was left or stored in or on the Vehicle, or in our offices, whether or not our negligence caused the loss or damage or was otherwise our responsibility.

Criminal Reports

You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. UNLESS PROHIBITED BY LAW, YOU RELEASE US FROM ALL LIABILITY FOR CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGE IN CONNECTION WITH YOUR USE OF THE VEHICLE.

By Law in the State of Tennessee

If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. Furthermore, this Agreement will be governed by the law of the state of Tennessee without giving effect to the choice of law rules thereof, and you irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts of competent jurisdiction located in Davidson County, Tennessee. YOU AND WE EACH IRREVOCABLY WAIVE ALL RIGHTS TO TRIAL BY JURY.

Per our con rental policies& contracts (additional policies), Renters driving our vehicle must meet the following requirements:

1) Must have a valid driver’s license

2) Must be at least 25 years of age

3) Must have current proof of auto liability insurance under the renter’s name

4) The Renter must have both liability insurance and collision coverage (Collision Coverage – RCP – is available for purchase at Nashville Van Rentals)

5) By our judgment, must be fit to drive our vehicles (NVR will not rent to renters who appear to be under the influence of any kind). Nashville Van Rentals does not sell Collision Damage Waiver or Physical Damage Waiver insurance. If from a foreign country, the renter must provide insurance coverage for DOC (Drive Other Car) in the US. Otherwise, renters will need to secure a non-owner’s policy from an insurance provider in the US. Nashville Van Rentals does not accept credit card rental car protection.

What you need to know about insurance:

I) Liability insurance. This covers any damage or injuries you may cause to someone else due to fault or negligence. It will cover the damage to the other person’s car and any injuries they may have. However, liability insurance does not cover damage to your vehicle.

II) Collision insurance. Collision insurance covers collision damage to your vehicle (in this case, the rented vehicle), regardless of who is at fault. Renters Collision Protection (RCP) is not auto liability insurance and is a product that many rental companies will allow you to purchase at the rental counter. It provides supplemental excess coverage to your auto insurance policy. Nashville Van Rentals does not offer supplemental liability insurance (Ask for details).

Help Manage Maintenance Costs

Our vans are high-value vehicles. Please help keep our maintenance costs manageable by caring for and treating the unit like it is the renter’s own. All our renters must get an oil change and safety inspection every 10,000 miles at a Mercedes Benz dealer. This is for our renter’s safety!

Only a Mercedes Benz dealer is authorized to work on our vehicles, so please call us,

We will set up an appointment at a dealer conveniently located. This is free to the renter as per an agreement between Nashville Van Rentals and Mercedes Benz dealers across the US and Canada. Renters who drive more than 500 miles over this mark without an oil change will be charged an additional fee. Sprinter vans require a refill of DEF (Diesel Exhaust Fluid). This fluid helps make the Sprinter emit lower emissions and is better for the environment. A warning light will appear when a refill is required. DEF is sold at most auto parts stores, is inexpensive, and easy to refill. Keep your receipt, and we will, of course, reimburse our renter for the fluid.

Rental Policies & Contracts (Additional Policies):  Stickers and Graffiti

No stickers, graffiti, or other kind of tag anywhere in or outside the van is allowed. The renter will be charged an additional cleaning fee if this happens.

Off-roading & Repair Costs

Driving our vehicles on unpaved surfaces, off-road, or into the desert is prohibited. Our vehicles are strictly NON-SMOKING. If Nashville Van Rentals determines that you have smoked in our vehicle, a cleaning fee of $500 will be charged. Our vehicles may only be operated in the US and Canada. They are not allowed in Mexico. Unfortunately, for safety and liability reasons, we do not supply snow chains and do not recommend you drive anywhere that requires snow chains. Renters are solely responsible for any damage to the vehicle. We provide amenities such as video/game systems, power inverters, and GPS units in some of our vehicles. In case of malfunction, there are no discounts or refunds. We do not supply batteries for headphones and game controllers.

Repair policy

Tow services: Should the renter ever need it, Nashville Van Rentals offers a 24-hour nationwide road service to help you. The membership number and telephone number are in the rental agreement. Should the renter have any problems, please call our roadside assistance service immediately at 1-888-628-5095. Every van has a spare tire. However, renter is not permitted to self-change the tire. Renters must call our roadside assistance service and have a tow truck driver come and change the tire. Please let the NVR office know if there are any vehicle issues so we can arrange to replace the spare.

Rental Policies & Contracts (Additional Policies) Mechanical Repair Policy

In the case of a mechanical repair being necessary during your rental, please get in touch with the NVR office to make the necessary arrangements. Mercedes Benz dealers only service our vehicles. Failure to follow policies voids the agreement and any supplemental insurance purchased. If we feel something is unsafe, Nashville Van Rentals reserves the right to make the final decision regarding the issue. NVR is not responsible for any expenses due to unforeseen circumstances.

Remote and Rural Areas: If renter operates vehicle into the middle of the desert, into national parks, on camping trips, or to other remote and/or rural areas far from mechanic shops and part supplies, this will have a corresponding impact on our ability to get you moving quickly again if there is a problem. Renters assume the risk when traveling in remote and isolated areas or when traveling to other countries. Nashville Van Rentals is not liable for any expenses you may incur as a result of renter’s travel to remote areas. Prohibited vehicle use violates this agreement, voids all liability and other insurance coverage, and subjects the vehicle to immediate recovery by Nashville Van Rentals. Nashville Van Rentals is never liable for the loss of revenue due to vehicle downtime under any circumstances, even if it is due to our own fault or neglect. Please get in touch with a travel insurance agency for any travel policy inquiries.

Trailer Policy

Towing a trailer is done at the renter’s own risk!

Tickets / Tolls / Transponders / EZ-Pass etc.:

The renter is responsible for all tickets, fees, licenses, permits, taxes, or fines, required by or resulting from the renter’s use or operation of the vehicle. If a fine remains unpaid and Nashville Van Rentals receives a delinquent violation notice, we will charge an administration fee in addition to the fine to pay and process the fine on your behalf.

Rental Policies & Contracts (Additional Policies)   Payment Policy

All payments are due immediately upon rental. Commercial accounts requiring net 30 terms must be set up in advance. The renter guaranteeing the reservation expressly authorizes Nashville Van Rentals, LLC, to process the credit card on file for any charges due under the agreement unless other arrangements have been made in advance. Payments over 15 days late will be charged a 15% late payment penalty or the maximum legal rate allowed by Tennessee law. If Nashville Van Rentals is forced to engage legal counsel to pursue payment from you, you will be responsible for attorney fees and additional expenses of collections.

Cancellation Policy

Tours of three days or less require a non-refundable deposit equal to one day’s rental. All other rentals require a 30% non-refundable deposit. Tours canceled on the first day of the rental or afterward will be charged for the entire reservation.

Rental Policies & Contracts (Additional Policies) Disclaimer

These Rental Rules and Polices are meant to supplement our Vehicle Rental Agreement. Therefore, to the extent any terms hereof are inconsistent with our Vehicle Rental Agreement, the Vehicle Rental Agreement and its Terms and Conditions shall control. These Rental Rules and Polices are also subject to change without notice.

Rental Car Fuel Agreement

The vehicle currently has a full tank of gas. We kindly ask that you return the vehicle with a full gas tank. If the rental vehicle comes back without a full tank of gas, we will charge you, not only for the gas, but a service fee. The fees are as follows: If the tank is between half and full, you will be charged the cost of gas plus $25. Tank between empty and half, you will be charged the cost of gas plus $50.