CALIFORNIA OVERLANDER RENTALS
VEHICLE RENTAL AGREEMENT
1. Rental Charges
• Daily Rate: $300 per day (3-day minimum rental period)
• Discounted Daily Rate: $275 per day for rentals of 5 days or more
• Mileage Allowance: $150 miles/day. Excess mileage $0.50 per mile.
o Unlimited mileage may be purchased for $25.00/day (not available as single
supplements and must be purchased prior to vehicle pick-up).
• Fuel Service Charge: Market rate per gallon plus a service charge of $10.00 if not
returned full. Market rate shall be the average price per gallon of the three nearest gas
stations to the rental return location as determined by Owner.
• Taxes and Surcharges
Estimated Total Charges: Based on rental duration, applicable taxes/surcharges, and any
selected optional products/services (excl. damages, tolls, tickets, cleaning).
Renter shall also be responsible for any optional products and services
1A. Rental Payment, Reservation Deposit, and Time of Payment
Renter shall pay the full estimated rental charges at the time of booking to secure the Vehicle for
the requested rental period.
Twenty percent (20%) of the total estimated rental charges shall be treated as a reservation
deposit.
• The full estimated rental charges are due at the time of booking.
• Twenty percent (20%) of the total estimated rental charges will be held as the reservation
deposit.
• The remaining eighty percent (80%) of the total estimated rental charges will be applied
toward the rental cost.
• Failure to remit payment in full at the time of booking may result in cancellation of the
reservation.
• Any rental charges in excess of the Estimated Total Charges shall be paid upon return of
the Vehicle.
Reservation deposits are non-refundable except as outlined in Section 3B. Renter
acknowledges that the reservation deposit compensates Owner for administrative costs and for
holding the Vehicle off the market during the reserved rental period.
1B. Cancellation and Rescheduling Policy
In the event that Renter cancels the reservation, fails to pick up the vehicle as scheduled, or fails
to pay the balance of estimated total charges when due and Owner opts to cancel the reservation,
the following shall apply depending on when the cancelation occurs:
• 30+ days prior to scheduled pickup: Full refund, including refund of reservation fee
• 14–30 days prior to schedule pickup: Reservation fee is non-refundable; and additional
payment of estimated total charges, if any, refunded
• Less than 14 days: No refunds.
The parties agree that in the event amounts paid in excess of the Reservation Fee are nonrefundable
on cancellation, such amounts constitute liquidated damages (and not a penalty),
representing a reasonable estimate of Owner’s anticipated losses at the time of contracting. The
parties agree that actual damages would be impracticable or extremely difficult to determine and
that the above amounts are reasonable under the circumstances.
2. Included and Optional Equipment
We provide certain Included Equipment such as tents, refrigerators, bedding, tables, chairs,
stoves, kitchen equipment, first aid kits and other gear as well as Optional Equipment such as
navigational systems, recovery gear, recreational equipment, and child safety seats, upon request
and subject to availability, for your use during the rental period at an additional charge. All
Included and Optional Equipment is rented on an 'AS IS' basis and must be returned to us at the
conclusion of the rental period in the same condition as when initially rented.
If you opt to rent a child safety seat, you are responsible for inspecting and installing the child
seat into the Vehicle yourself to ensure its proper and safe use. Similarly, if you decide to rent a
GPS device, it is advisable to review the operational instructions provided before departing from
the rental location.
3. Security Deposit
Renter authorizes and agrees to have Owner to place a deposit hold of $1500 on a valid credit
card, debit or prepaid cards are not accepted at the time of rental. Deposit will be released upon
proper return, less any lawful charges. Based on the value of the vehicle, the Security Deposit
does not exceed a reasonable estimate of potential loss exposure.
Deposit will be released upon proper return, less any lawful charges. The security deposit may be
applied toward all charges incurred during the rental period except as prohibited by law,
including but not limited to:
• Vehicle damage (interior or exterior)
• Missing or damaged equipment
• Excess mileage charges
• Fuel charges
• Cleaning fees
• Tolls, tickets, and administrative fees
• Late return charges
In the event of a dispute regarding lawful charges, any security deposit in dispute will be released
within a reasonable timeframe following inspection of the Vehicle and any resolution of disputes.
4. Insurance & Liability
1. Mandatory Coverage: This rental includes the minimum liability insurance required by
California law.
2. Limits of Owner Liability: If the Vehicle becomes inoperable, Renter shall not be liable
for the daily rental rate during the Rental Term for the number of days during which the
Vehicle remains inoperable, and Owner’s liability shall be limited to the daily rental rate
for the number of days during which the Vehicle remains operable and for which Renter
has already paid. Owner is not responsible for loss of, or damage to, any personal
property of Renter or any other person received, handled, stored, or left in or on the
Vehicle, in any Owner service vehicle, or in Owner’s offices, and Owner has no duty with
respect to such personal property.
3. Renter Liability: Renter is financially responsible for loss of or damage to the Vehicle,
up to the maximum limits permitted by California Civil Code §1939.03 and §1939.05,
unless LDW is purchased, and except as otherwise limited by law. Within the limits
allowed by law, financial responsibility of Renter includes responsibility for (a) Physical
or mechanical damage to the Vehicle up to its fair market value, as determined in the
customary market for the sale of that vehicle, resulting from collision regardless of the
cause of the damage, and (b) Loss due to theft of the Vehicle and vandalism of the
Vehicle after theft, up to its fair market value, as determined in the customary market for
the sale of that vehicle, provided that Owner establishes by clear and convincing evidence
that the Renter or an Authorized Additional Driver failed to exercise ordinary care while
in possession of the Vehicle, (c) Physical damage to the rented vehicle up to a total of five
hundred dollars ($500) resulting from vandalism unrelated to the theft of the rented
vehicle, (d) Actual charges for towing, storage, and impound fees paid by the rental
company if the renter is liable for damage or loss, (e) to the fullest extent permitted by
California Civil Code §§ 1939.03 and 1939.05, Renter shall be responsible for Owner’s
actual loss of use of the vehicle during the period it is unavailable due to damage or loss
occurring during the rental period, regardless of fault, subject to the limitations set forth
herein. and (e) An administrative charge, which shall include the cost of appraisal and all
other costs and expenses incident to the damage, loss, repair, or replacement of the rented
vehicle, with a maximum charge calculated in accordance with the estimated damages in
cost of parts and labor to repair the vehicle, in the event of $0-$500 estimated damage a
maximum fee of $50.00, $500-$1,000 estimated damages a maximum fee of $100.00,
and estimated damages exceeding $1,500 a maximum fee of $150.00.
Renter must carry valid personal auto liability insurance OR purchase Supplemental
Liability Insurance (SLI) offered through Company.
Renter Declines the Optional Products which are not checked, and acknowledges the
coverage and liability set forth in this Section 6 (Renter Initials Required): _______
5. Driver Qualifications
• Minimum age: 25 years old.
• Valid driver’s license held for at least 2 years.
• Subject to MVR screening and Company approval.
• No DUI, reckless driving, or major traffic violations in the past 5 years.
Renter Meets the Driver Qualifications (Renter Initials Required): ________
Authorized Additional Driver(s) Meets Driver Qualifications (Renter Initials Req.): ________
6. Prohibited Uses
The following uses of the Vehicle are strictly prohibited and shall constitute material breaches of
this Agreement. The Vehicle shall not be used:
a. By any individual other than Renter or a person who is designated as an Authorized
Driver, or by anyone whose driving license is suspended in any jurisdiction;
b. By any person under the influence of prescription or non-prescription drugs or alcohol;
c. By any individual who obtained the Vehicle or extended the Rental Term by providing
Owner with false, fraudulent, or misleading information, or by withholding information that
would have led to our decision not to rent the Vehicle;
d. For any unlawful or illegal purpose or in any circumstance that would constitute a
felony or violation of law (excluding minor traffic violations);
e. For rideshare or any transportation of persons or property for hire;
f. To push or tow any objects, to provide driving lessons, or to transport items on the
Vehicle's roof;
g. In any form of race, speed test, or contest;
h. To transport hazardous items, oversized materials, or illegal materials;
i. Outside the United States or into Mexico without prior written approval of Owner,
which approval is at the sole discretion of Owner and requires proof of insurance (Travel
throughout the lower 48 United States, including California, Nevada, Oregon, Arizona, and
beyond, is permitted unless otherwise restricted in writing by Owner);
j. When loaded beyond its capacity as determined by the Vehicle manufacturer;
k. On designated or undesignated off-road trails, “Jeep trails,” or for rock crawling or
“mudding”, except on trails approved in writing by Owner;
l. For water crossings where the water depth exceeds the height of the top of the vehicle’s
hubcaps;
m. To exceed the number of occupants for which the Vehicle has seat belts, or to transport
individuals outside the designated passenger compartment;
n. To transport children without appropriate child safety seats as mandated by law;
o. When the odometer has been tampered with or disconnected;
p. When the Vehicle's fluid levels are low or when it is reasonably foreseeable that
continued operation would result in damage to the Vehicle;
q. In a manner that causes damage to the Vehicle due to improperly secured cargo;
r. Following an accident involving the Vehicle unless and until you have notified the
police to attend the accident scene;
s. For the transportation of animals (excluding service animals);
t. In or through structures such as underpasses, gas stations, drive-throughs, or other
objects where there is insufficient clearance (in terms of width or height);
u. By any person who is engaging in sending electronic messages, including text (SMS)
messages or emails, while operating the Vehicle;
v. In violation of any "Rules of the Road," vehicle safety guidelines, or other similar
materials or instructions provided by us at the time of rental.
Furthermore, sitting, standing, or lying on the roof of the Vehicle (except as designated inside
roof-top tents, as well as smoking within the Vehicle or tents, are also strictly prohibited.
ANY PROHIBITED USE OF THE VEHICLE CONSTITUTES A VIOLATION OF THIS
AGREEMENT AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE
AND WILL RESULT IN RENTER BEING FULLY LIABLE FOR ALL LOSS OR DAMAGE
(WHERE PERMITTED BY LAW).
7. Additional Renter Responsibilities
Vehicle must be returned by the agreed date/time to the specified return location, in the same
condition (reasonable wear from ordinary usage excepted), with the same fuel level. Late returns
incur additional daily rate charges and all other charges set forth in Section 3, plus an additional
late fee of an additional 25% of the daily rate. In the event of a late return, Owner may refuse to
enter into future rental agreements with Renter. The parties agree that in the event of a late
return, the late fee constitutes liquidated damages (and not a penalty), representing a reasonable
estimate of Owner’s anticipated losses, both administrative fees and the loss of use, resulting
from the late return. The parties agree that actual damages in the event of a late return would be
impracticable or extremely difficult to determine and that the above amounts are reasonable
under the circumstances. The agreement of the parties to a late fee does not constitute a waiver
of Owner’s right to all other remedies Owner may have in the event the vehicle is not returned
timely.
Extension of the Rental Term is permitted only upon return of the vehicle to the specified return
location prior to the agreed date/time of return, inspection of the vehicle, and execution of an
amendment to this agreement.
In the event the Vehicle is return to the specified location other than during Owner’s regular
business hours, return shall be deemed to have occurred as of the next commencement of normal
business hours. Renter shall remain responsible for any loss of or damage to the Vehicle until
such time as Owner is able to conduct a comprehensive inspection upon subsequent reopening
for business.
Renter must immediately report any accidents, theft, or damage to Owner. Any servicing
required for the Vehicle or replacement of its components or accessories during the Rental Term
must be expressly authorized in writing by Owner.
Renter must perform basic checks of the vehicle (tire pressure, fluids, etc.) and maintain all fluid
levels in the Vehicle.
If the Vehicle becomes inoperable, unsafe to drive, stuck, abandoned, or otherwise unable to be
returned to the agreed return location for any reason attributable to the Renter, the Renter shall be
fully responsible for all costs associated with the recovery, transportation, and return of the
Vehicle.
Such costs may include, but are not limited to:
• Towing (local or long-distance)
• Flatbed transport
• Off-road recovery or extraction services
• Storage fees
• Travel, labor, and administrative costs incurred by Owner
These costs are in addition to any other amounts owed under this Agreement and may be
deducted from the security deposit or charged to the Renter.
Renter is responsible for operating the Vehicle only on roads and terrain that allow for safe return
without the need for specialized recovery services.
8. Privacy & Tracking Disclosure
This Vehicle may be equipped with GPS or telematics technology. Owner will not monitor
Renter’s driving behavior or location, except as permitted by California Civil Code §1939.23
(e.g., to locate a stolen/abandoned/missing/overdue vehicle, when legally required/requested by
law enforcement, or when requested by renter).
9. Tickets, Tolls & Violations
Renter is responsible for all traffic violations, parking tickets, photo enforcement fees, tolls, fines
for toll evasion, towing, impound fees, and any other fines, fees, or penalties assessed against
Renter, Owner, or the Vehicle during the Rental Period.
10. Inspection & Damage Billing
Owner and Renter must sign a pre-rental condition report.
Owner will inspect Vehicle upon return. If damage beyond normal wear and tear is found,
including any damage to tires, undercarriage, and interior, Renter shall be responsible as
provided in this Agreement, to the extent allowed by law, and:
• Owner will provide Renter an itemized bill and supporting documentation before
charging.
• Charges may include all costs set forth in Section 6.4. of this Agreement.
11. Indemnification
Renter agrees to indemnify and hold harmless Owner and its employees, owners, agents, and
representatives, from all claims, liabilities, losses, damages, or expenses arising out of Renter’s
use of the Vehicle from the start of the rental term until return of the vehicle, except to the extent
caused by Owner’s negligence or willful misconduct.
12. Early Termination
Owner may terminate this Agreement immediately if Renter breaches its terms. Owner may
repossess Vehicle without notice and without refund if Vehicle is unlawfully or unsafely used,
not returned when due, or otherwise used in violation of this Agreement.
13. Governing Law & Dispute Resolution
This Agreement shall be governed by the laws of the State of California. Any dispute shall be
resolved by binding arbitration in the county where Vehicle was rented, unless prohibited by law.
14. Entire Agreement and Miscellaneous Provisions
• This Agreement, including any addenda, constitutes the entire understanding between the
parties. No oral representations are binding unless written here. No term of this
Agreement can be waived or modified except by written agreement.
• Any waiver of a breach of this Agreement does not constitute a waiver of any additional
breach or waiver of your obligations. Our acceptance of payment from you or our failure
to exercise any rights under this Agreement does not waive any provision of this
Agreement.
• Unless prohibited by law, you release us from liability for consequential, special, or
punitive damages.
• If any provision of this Agreement is deemed void or unenforceable, the remaining
provisions are valid and enforceable.