Platinum Motorcars

Terms and Conditions

RENTAL AGREEMENT AND RENTAL POLICIES

This Rental Agreement (Agreement) is between Platinum Motorcars Inc.,(Platinum, We or Us or Our), a Texas corporation with its address being 11430 N Central Expwy. Dallas TX 75243 and the Undersigned (You or Your and all collectively with Platinum, the Parties or, individually, a Party), whether in person or by their authorized agent, by signing this Agreement, authorizing their agent to, or clicking Accept on the Platinum website. Rental Agreement. You rent from Platinum the Vehicle (Vehicle), which includes all tires, equipment, GPS devices, accessories, keys (including keyless devices), and vehicle documents. The Vehicle is property of Platinum or its Third Party Owners (Third Party Owners) and You agree to be bound to such individuals or entities. You have received the Vehicle in good physical and mechanical condition. You have inspected and notified Platinum concerning any problems before leaving the Rental Location (Rental Location) and made selection and acceptance of such in complete reliance on your inspection. You will return the car to Platinum in the same condition as received, ordinary wear and tear excepted, the standard for which shall be determined in the sole discretion of Platinum. YOU AGREE THAT YOU ACCEPT THE VEHICLE IN AN AS-IS CONDITION and Platinum expressly disclaims any all warranties of merchantability and fitness for ANY PARTICULAR purpose. Rental Period is the agreed upon time period that non-exclusive control of the Vehicle rests with You, including any extension period, and commences at the moment You receive keys or other controlling devices for the Vehicle regardless of Your actual control over the vehicle at that moment. The Rental Period terminates at the time provided herein. If You maintain control of the car or fail to return it, Your obligations under this Agreement remain in full force and effect until Platinum has accepted complete and exclusive control of the Vehicle. You will return the Vehicle to the Platinum designated location on the date and time agreed to, or sooner, and immediately if Platinum demands such in writing, electronic or oral communications to You. If You wish to extend Your Rental Period, obtain from Platinum and pay for an extension. This Agreement shall then apply to the extension. No additional documentation shall be necessary. Platinum may repossess the vehicle, without demand or notice to You, at Your expense, if the Vehicle is found parked illegally, apparently abandoned, or used in violation of law or of this Agreement. Your failure to return the Vehicle at the end of the Rental Period may result in the car being reported stolen. Payment for Rental. You will pay the rental rate, taxes, and other charges shown on the charges section of this Agreement. Some rates may include limited free mileage, but such will be stated explicitly. If You exceed this mileage during the Rental Period, then You agree to pay for the excess miles driven at the rate stated in this Agreement. Additionally, You agree to pay for services and limo charges at a rate specified on this Agreement plus other charges if applicable, including third party bills. Service charges may include a surcharge, which represents a portion of expenses Platinum incurs in the n Vehicle. Any fraction of a calendar day shall be charged a full day after 12 PM; unless stated by a Platinum associate . Authorized Drivers. You are the Authorized Driver (Authorized Driver) if You have a valid driver license, are above the age of twenty-five (25), meet all of Platinum rental requirements and are expressly listed herein. Others are authorized only if they meet all the above requirements or as required by the laws of the State of Texas. ALL OTHER DRIVERS ARE NOT AUTHORIZED. You are responsible for any losses, liabilities or damages which occur while the vehicle is in the possession of any driver during the Rental Period, whether authorized or not. Prohibited Uses. Platinum strictly prohibits using the vehicle: (a) to carry people or property for hire; (b) for any illegal purpose; (c) in any speed contest or driver training activity; (d) under the influence of alcohol, drugs or other intoxicants (if there is ANY evidence thereof); (e) in violation of its passenger or cargo capacity; (f) if obtained by fraud or misrepresentation; (g) by a non-Authorized Driver; (h) to intentionally, recklessly or negligently cause bodily injury or property damage; (i) in any abusive or reckless manner or one which results in a conviction for careless driving; (j) to tow or push anything; (k) off of paved roads; (l) by leaving the vehicle with the keys in it; (m) by failing to immediately report an accident, damage or theft to Platinum or failing to fill out a police report; (n) to drive anywhere outside the state of Texas. SMOKING is not allowed in vehicles. $1000.00 deodorizing fee. Accidents, Loss or Damage to Vehicle. You agree to immediately report any accident, damage or theft to Platinum. YOU AUTHORIZE PLATINUM TO CHARGE YOUR CREDIT CARD FOR ANY DAMAGE THAT OCCURS WHILE VEHICLE IS IN YOUR POSSESSION. You will immediately pay Platinum for all damage to and including tires, rims, glass any and all body damage including damage to the clutch or engine. Any loss of the Vehicle which occurs during the Rental Period or as a result of this Agreement regardless of fault or negligence of You or any person, other than Platinum, and regardless of whether damage is due to a Force Majeure. Such payment will be based, in Platinum sole option, on (i) the repair costs or estimated repair costs as obtained by Platinum in Platinum sole discretion and as amended from time to time; or (ii) the fair market value of the Vehicle prior to being rented by You, as determined by Platinum. Additionally, You agree to pay: (a) for any towing, storage, legal, administrative and loss of use fees by Platinum and any other important fees associated with the recovery and repair/replacement of the Vehicle. Loss of use is calculated by multiplying the daily rental rate by the number of days from the date of damage until it is repaired or replaced. If Platinum elects not to repair then You will pay immediately to Platinum the retail value of the Vehicle before it was damaged, regardless of any amount that Platinum receives for selling the vehicle or receives from any insurance. You will be responsible for unauthorized repairs. Platinum will not reimburse You for unauthorized repairs and reserves the right to reject any repair and deem the Vehicle as damaged and hence require any all corrective repairs it deems necessary. You shall pay Platinum for any reasonable cost to clean the vehicle if it is returned in an excessively dirty state, as determined by Platinum. Liability & Insurance. PLATINUM PROVIDES NO LIABILITY PROTECTION OR INSURANCE FOR YOU OR ANYONE ELSE. You and all Authorized Drivers represent and warrant that You have and will maintain during the term of the Agreement bodily injury and property damage liability insurance for You or any other operator or third party and that such insurance is in a level equal required by the applicable Laws of the State of Texas. If an accident results during the Rental Period, Your insurance and the insurance of any Authorized Driver will be the primary insurance. Platinum will not provide any defense or indemnity protection under this Agreement unless it elects to in its sole discretion. You agree to immediately present a claim to Your insurance agent/carrier upon the request of Platinum. You agree to pay any amounts over the maximum coverage by Your Insurance. You agree to defend, indemnify and hold Platinum Motorcars harmless from any claims, liabilities costs and expenses arising from the Your rental or use of the Vehicle. Fines. You will promptly pay any fees levied on the car or Yourself during the Rental Period including, but not be limited to: parking fines, traffic fines, towing, storage, tolls, and the like (Collectively, Fines). You hereby authorize Platinum to supply Your name and contact information to relevant governmental agencies and collection firms in connection with such. Platinum may pay such Fines on Your behalf and You will reimburse Platinum immediately for such plus an administration fee assessed by Platinum. Platinum may contact You at Your place of business regarding such collections. Credit Card Charges &Personal Property. You authorize Platinum to charge Your credit card for the estimated fees upon execution. You authorize Platinum to charge Your credit card for any additional charges at any time even if substantially after the return of the vehicle. All Charges quoted at the inception of this transaction are estimates only and subject to change. All Charges are subject to audit. Platinum will endeavor to keep Your property safe. However, Platinum will not be responsible for any loss or damage to Your property. Disclaimer and Indemnity. Platinum Disclaims and You agree to such Disclaimers that PLATINUM shall have no liability, unless Law requires, with regard to Injuries to drivers, passengers or others while riding in, alighting from, OR entering into the rented car. You agree to indemnify Platinum for all losses, damages, costs and or expenses incurred by Platinum on Your behalf, as a result of Your actions, negligence or recklessness or as a result of Your violation of this Agreement. Representations, Personal Information and Privacy. Platinum Motorcars takes customer privacy very seriously. It is Platinum policy that customer contact information will not be shared with 3rd parties except as stated in our Privacy Statement found at www.platinummotorcars.net. You agree that such privacy policy shall be incorporated by reference as a part of this Agreement and that You have read such Privacy Policy. You affirm and warrant that any representations or statement made to Platinum in writing or verbally which would in any way induce Platinum to enter or not enter into this Agreement are true and that, should any such representations be found to be false or materially misleading, that You are hereby in violation of this Agreement. Claims. If You make a claim against Platinum, You agree to provide Platinum with a detailed statement under oath in support of the claim. You shall not aid or encourage the filing of any claim or lawsuit against Platinum and You hereby agree that You shall cooperate fully with Platinum and Platinum insurers, if any, (and direct Your insurers, representatives, or agents to do the same with Platinum) in investigating and defending any such claim or lawsuit. You must immediately deliver to Platinum every summons, complaint, or paper of any kind received by You in any way relating to an accident, a theft or damage to the vehicle. Limits to liability. Platinum shall not be liable to You or to any authorized Driver for any indirect, special, punitive, or consequential damages (including lost profits) arising from or related to the Vehicle, its use or this Agreement. You understand and agree that, in no event, shall You or any other Person other than a Platinum representative be deemed to be Platinum agent, servant, or employee for any purpose. GPS Tracking. The vehicle may be equipped with an event data recorder or a GPS tracking device. You consent to such being installed on the vehicle and monitored in any way and agree to never tamper or inhibit the functioning, willfully or accidentally, of such devices. MULTIPLE EXCESSIVE SPEED ALERTS WILL INCUR LOSS OF SECURITY DAMAGE DEPOSIT. This is based solely on Platinum discretion to be determined as reckless driving or driving with intent to kill. Incorporation. For purposes of this Agreement, You understand and agree that this Agreement shall also include by incorporation: (i) this Rental Agreement, (ii) any optional product brochures that pertain to this rental, (iii) Platinum rental policies that pertain to this rental which may be found at www.platinummotorcars.net or at the renting location and (iv) any other forms which may be generated as a part of this transaction with Platinum. You acknowledge receiving and reading all portions of the Agreement and You agree to the Agreement in its entirety. Ancillary Agreements shall mean this Agreement and any other documents, agreements, instruments, or other writings from time to time executed by any person in connection with this Agreement. No Waiver. No failure or repeated failure by either Party to exercise, and no delay in exercising, any right under this Agreement or under any other Agreement ancillary hereto shall operate as a waiver thereof, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. The remedies in this Agreement, and any Ancillary Agreements, provided are cumulative and not exclusive of any remedies provided by law or in equity. Notices. Except as provided herein, All notices and other communications under this Agreement and any Ancillary Agreements shall be in writing and shall be mailed, sent by overnight courier, or hand delivered at the address specified for each respective Party in this Agreement or, as to each Party, at such other address as shall be designated by such Party in a written notice to the other. Definitions and Terms Not Defined. All headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. The term person as used in this Agreement and any Ancillary Agreements will be interpreted broadly to include, without limitation, any corporation, company, partnership or individual or multiples of the same. Arbitration, Amendment and Governing Laws. As a Material Inducement for Platinum to enter into this Agreement, the Parties irrevocably and unconditionally agree to submit their differences to determination by binding arbitration. All arbitration shall be done in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any Court having jurisdiction over such matter. Should one Party refuse to submit to binding arbitration then the other party is hereby entitled to bring suit to compel arbitration in any jurisdiction which may be necessary to compel such. The Parties, to the greatest extent allowed by law, unconditionally and irrevocably agree not to contest the utilization of binding arbitration as a method for resolving disputes. The actual Arbitration site, unless otherwise agreed upon by the parties shall be in Collin County, Texas. All Parties agree that this Agreement, any other Ancillary Agreements, and any arbitration, dispute or proceeding shall each be governed by, and construed in accordance with the internal laws of the State of Texas. This Agreement and the other Ancillary Agreements may only be modified or amended by a written instrument signed by both Parties. English shall be the governing language with respect to this Agreement and any Ancillary Agreements and the parties are responsible for understanding its English implications upon execution. Any misunderstanding shall be at the fault of the party needing translation and their intent in signing this Agreement shall be as if they understood fully the English implications. Jurisdiction and Jury Trial. SHOULD ONE PARTY REFUSE TO SUBMIT TO ARBITRATION, OR ARBITRATION FAIL FOR ANY REASON, THE PARTIES HEREBY IRREVOCABLY AND UNCONDITIONALLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF ANY TEXAS STATE COURT SITTING IN DALLAS COUNTY, TEXAS IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER ANCILLARY AGREEMENTS, AND, EACH PARTY HEREBY IRREVOCABLY AND UNCONDITIONALLY (I) AGREES THAT ALL CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING MAY BE HEARD AND DETERMINED IN SUCH TEXAS STATE OR FEDERAL COURT, (II) WAIVES ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY ANCILLARY AGREEMENT; (III) WAIVES ANY CLAIM THAT ANY SUCH SUIT, ACTION OR PROCEEDING BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, (IV) TO THE GREATEST EXTENT ALLOWED BY UNITED STATES LAW CONSENTS TO THE SERVICE OF ANY AND ALL PROCESS, SUMMONS, NOTICE OR DOCUMENT IN ANY SUCH ACTION OR PROCEEDING BY THE MAILING OF COPIES OF SUCH PROCESS TO THE ADDRESS FOR THE PARTY SPECIFIED IN THIS AGREEMENT AND ANY ANCILLARY AGREEMENTS AND (V) AGREES THAT A FINAL JUDGMENT IN ANY SUCH SUIT, ACTION OR PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. SHOULD IT BE NECESSARY, AND AT THE REQUEST OF PLATINUM, UNDERSIGNED AGREES TO PROMPTLY APPOINT AN AGENT FOR SERVICE OF PROCESS IN THE STATE OF TEXAS AND TO INFORM PLATINUM OF ITS SELECTION OF SUCH AGENT. BOTH PARTIES ALSO HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR ANY INSTRUMENT OR DOCUMENT DELIVERED UNDER THIS AGREEMENT. Undersigned further agrees that, in certain instances, money damages would not be a sufficient remedy for any breach of this Agreement, and that Platinum shall be entitled to equitable relief, including injunction and specific performance, in the event of any breach where such remedy would be even reasonably prudent and that such remedies are in addition to all other remedies available to Platinum at law or in equity. Undersigned agrees not to oppose the granting of such relief, and hereby waives any requirement for the securing or posting of any bond in connection with such remedy. Successors and Assigns. This Agreement and any Ancillary Agreements shall be binding on Undersigned heirs, executors, administrators, successors, partners, associates, legal representatives, employers, employees, contractors, advisors, counselors, representatives, agents, subsidiaries, companies, nominees, assigns or affiliates, which Undersigned agrees are, to the maximum extent allowed by law, hereby considered one in the same with Undersigned; such parties being jointly, severally, mutually, and reciprocally liable for the terms and conditions expressly stated and agreed to herein. This Agreement and any Ancillary Agreements shall not be assigned, by operation of law or otherwise except that, should platinum be acquired or sold in any fashion to another entity or should Platinum desire to assign this Agreement and any Ancillary Agreements, then prior written consent shall not be required and assignment shall be valid and binding upon Undersigned. Costs of litigation and Collection. In any action to enforce rights under this Agreement and any Ancillary Agreements, whether formal or informal, Platinum shall have the right to be reimbursed for any expense incurred by it in protecting or enforcing its rights under this Agreement and any Ancillary Agreements, including, but not limited to, collection agent costs, platinum administrative time, court costs, reasonable attorney fees and, in certain instances, punitive or exemplary damages. Severability. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT AMONG THE PARTIES AND SUPERSEDES ALL PRIOR WRITTEN AND ORAL AGREEMENTS AND UNDERSTANDINGS , EXCEPT AS EXPRESSLY INCORPORATED HEREIN, AMONG THE PARTIES HERETO.[THE TERMS OF THIS RENTAL AGREEMENT AND RENTAL POLICIES ARE AGREED TO BY PLATINUM AND YOU AS EVIDENCED BY YOU EXECUTING THE CUSTOMER INVOICE AND ITS APPLICABLE INCORPORATION THEREIN] Initials______

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