The terms and conditions that appear below are called the "Terms". The Terms are the terms and conditions which govern (a) enrollment and membership in Thrifty Blue Chip, sometimes referred to as the "Program" (the "Enrollment and Membership Terms") and (b) rentals of vehicles using the Program (the "Rental Terms"), by persons who have enrolled in Thrifty Blue Chip. Depending on the date that they enrolled in the Program, individuals who have enrolled in the Program prior to the effective date of these terms may have been subject to terms and conditions of enrollment in the Program that differ from the Enrollment Agreement Terms which appear below. If you have enrolled in the Program online prior to the effective date of these terms, you may obtain a copy of the Online Terms which were in effect on the date you enrolled by contacting Thrifty at (888) 4008877 or by emailing Thrifty BlueChip@thrifty.com. ENROLLMENT E-CONSENT Legislation allows individuals and corporations to complete legal transactions online. By providing your consent to Thrifty in the manner set forth below: -New members can enroll online -Existing members will be able to update their Thrifty BLUE CHIP Program profile online as well as receive legal notifications of changes to the terms and conditions to the Thrifty BLUE CHIP Program as an electronic message. -With your consent, Thrifty will be better able to meet your needs as a Thrifty BLUE CHIP Program member. Please read through the following E-consent disclosure (be sure to scroll down in order to read the complete disclosure). At the bottom, please indicate your choice by clicking on the "I consent" or "I decline" buttons. The following disclosure and consent process is intended to meet the requirements of Section 101(c) of the United States Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq. Disclosures to You by Thrifty and Your Consent to the Use of Electronic Records Your consent is being sought by Thrifty, its affiliates and licensees (collectively "Thrifty"). Thrifty makes these disclosures to you, prior to asking you to consent below to the use of an electronic record to provide or make available information to you. Disclosures to You by Thrifty 1. Summary of Your Consent. At the bottom of this page, after you have reviewed these disclosures, you will be asked to give your consent (your "Consent") to Thrifty's use of an electronic record rather than paper format to provide or make available to you the following information (the "Information") via any Thrifty rental website* or by e-mail (collectively "Electronic Record(s)"), subject to the conditions and other requirements discussed below: a. Information contained in (or visibly referenced by a link contained in) the website location you are now reading; and b. Information related to your online enrollment or membership in the Thrifty BLUE CHIP Program (your "Membership") contained in (or visibly referenced by a link contained in) the website locations that have been or will be shown or made available to you at any time while you are logged into any Thrifty rental website whether or not in your current browser session; and c. Information contained in any and all e-mail messages constituting legal notices or other communications related to your Membership (including without limitation, changes by Thrifty to the procedure for online enrollment set forth in this website) sent to you in the future by Thrifty or its representatives during the course of your relationship with Thrifty (the "E-Mail Messages"), addressed with the Internet e-mail address you supply to Thrifty in the Enrollment Agreement pursuant to paragraph 6 below, until such time it is amended in the manner provided in paragraph 6 (your "Last E-Mail Address"); and d. Information in any Thrifty rental website location that is visibly referenced by a link contained in E-Mail Messages. 2. Hardware and Software Requirements. As of the date you are reading this paragraph 2, you represent to Thrifty that your hardware and software meet the following minimum requirements for access to and retention of the Electronic Records: a. Website browser at least equivalent to Microsoft Internet Explorer 4.x and above, Netscape Navigator 4.x and above, AOL 4.X and above, and equipped with SSL security of no less than 40 bits (128 bits recommended); b. Internet e-mail software reasonably capable of sending and receiving Internet e-mail messages to and from Thrifty, as demonstrated in the method required below as part of the Consent, together with authorized access to an e-mail account with reasonable inbox and outbox message storage, and the ability to access information in website locations visibly referenced by a link in an e-mail message; and c. Computer or other hardware device (together with appropriate operating system and application software), that is capable of accessing the public Internet using a modem or other interfacing hardware that provides connectivity to an Internet Service Provider via ordinary telephone lines, cable television, DSL, T1 or any other communications medium, or using a direct networked connection; and is reasonably capable of (i) storing Electronic Records in electronic format and accessing such stored Electronic Records, or (ii) printing Electronic Records on paper or converting Electronic Records to another medium that provides reasonable retention and access. 3. Change in Hardware and Software Requirements. After you have given your Consent, if Thrifty changes the hardware or software requirements needed for you to access or retain Electronic Records, and this change creates a material risk that you will not be able to access or retain a subsequent Electronic Record, Thrifty agrees to provide you with a revised statement of the hardware and software requirements for access to and retention of the Electronic Records. After again providing you with the opportunity to consent or confirm your consent electronically in a manner that reasonably demonstrates that you can access Information in the electronic form that will be used to provide the Information, you will have the option to withdraw your Consent in accordance with the procedure in paragraph 4. 4. Withdrawal of Consent. After you have given your Consent, you may withdraw your Consent to Thrifty's use of Electronic Records provided or made available to you after the date your withdrawal of consent is effective (the "Withdrawal Effective Date"). The Withdrawal Effective Date shall be the last day of the calendar month that is at least forty (40) days after Thrifty has received a written letter (authenticated by including your Membership ID) mailed to Thrifty, Thrifty Worldwide Headquarters, P.O. Box 35250, Tulsa, Oklahoma, 74153, U.S.A., (i) requesting such withdrawal, and (ii) providing a mail address to which Thrifty may send future paper documents in lieu of Electronic Records. Thrifty agrees to acknowledge its receipt of your withdrawal by a letter mailed to the address specified in your withdrawal letter. There will be no fee charged by Thrifty for your withdrawal of Consent. Any withdrawal of Consent shall have prospective effect only, and shall not affect the legal effectiveness, validity or enforceability of Electronic Records provided or made available to you prior to the Withdrawal Effective Date. 5. Requesting a Paper Copy; Handling Fees. After you have given your Consent, if you desire any paper copies in addition to those you may choose to prepare yourself by downloading and printing out a copy of Electronic Records, you have the right or option to have provided or made available to you a paper copy of any Electronic Record relating to your Membership. You may exercise this right or option, by written letter (authenticated by including your Membership ID) specifically identifying the Electronic Record in question by date and subject matter, mailed via first class mail with sufficient postage to Thrifty, Thrifty Worldwide Headquarters, P.O. Box 35250, Tulsa, Oklahoma, 74153, U.S.A., containing a self-addressed envelope stamped with first-class postage sufficient for the paper copies requested. Thrifty reserves the right to charge a handling fee of $US 1.00 per page provided to you, plus $US 5.00 per request in excess of two requests per Membership year, conditioned upon payment in advance by credit or debit card charge authorized by you, or other method of payment reasonably acceptable to Thrifty. 6. Supplying Your E-Mail Address and Amending Your Last E-Mail Address. After you have given your Consent to the use of Electronic Records by clicking below, the Thrifty rental website will provide you with Electronic Records constituting the Thrifty BLUE CHIP Program Enrollment Terms and Conditions and Enrollment Form. Your e-mail address in the field next to the words "E-Mail” on the Enrollment Form as submitted by you in the Thrifty rental website will initially become your Last E-Mail Address that Thrifty will use to contact you in the future for the purposes of sending you legal notices or otherwise, until you amend your Last E-Mail Address. You may amend your Last E-Mail Address by accessing your Membership profile found in the Members Only section of the Thrifty rental website at a future time and following the instructions for amending the e-mail address information (or any other information you wish to amend) in your Membership profile. Any amendment of Last E-Mail Address made in this manner shall be effective as of midnight local time in the State of Florida, U.S.A., following Thrifty's receipt of such amendment. You may also amend your Last E-Mail Address by written letter to Thrifty (authenticated by including your Membership ID) in the same manner as provided for withdrawal of Consent under paragraph. The effective date of the amendment of Last E-Mail Address shall be the last day of the calendar month at least 40 days following Thrifty's receipt of such amendment, with receipt evidenced in the same manner as withdrawal of Consent under paragraph 4. Your Consent to the Use of Electronic Records And Demonstration of Your Ability to Access Information In accordance with the foregoing six paragraphs of Disclosures to you by Thrifty, if you desire to give your Consent to the use of Electronic Records to provide or make available the Information described in paragraph 1 above, click on the button marked I CONSENT. If you click on that button, your Consent to such use of Electronic Records will be sent to Thrifty via the Thrifty rental website. The receipt of your Consent by Thrifty will serve to demonstrate that you can access Information in electronic form provided or made available to you by the Thrifty rental website. Upon receipt of such Consent, Thrifty will send you an e-mail confirmation (the "Confirmation") containing the phrase "Confirmation of Your Consent" in the subject line. The Confirmation will be addressed to your Last E-Mail Address and will include Thrifty's reply address in a customary format designed to provide automatic notice to Thrifty in case of messages that cannot be delivered (an "Automatic Non-Delivery Notice"). Because there can be no assurance that Thrifty will receive an Automatic Non-Delivery Notice in all cases, if you do not receive Thrifty's Confirmation of your Consent within 24 hours after clicking on the "I CONSENT" button, you should personally notify Thrifty of this fact (a "Personal Non-Delivery Notice") by mailing a written notice to Thrifty Worldwide Headquarters, P.O. Box 35250, Tulsa, Oklahoma, 74153, U.S.A., or by telephoning Thrifty at 888-400-8877 and speaking to an agent or leaving a voicemail message. Your ability to access information provided or made available to you via e-mail sent by Thrifty to your Last E-Mail Address will be demonstrated by your reply to any e-mail sent by Thrifty to that e-mail address, or in the absence of any such reply, by (i) the absence of any Automatic or Personal Non-Delivery Notice after Thrifty sends a Confirmation of Your Consent to Use of Electronic Records and (ii) the absence of letter or telephone contact by you informing Thrifty (at the postal address or telephone number specified earlier in this paragraph) that you did not receive the Confirmation. * "Any Thrifty rental website" or "the Thrifty rental website" means any Thrifty website relating to vehicle rentals including, without limitation, all websites with addresses which begin www.Thrifty. TABLE OF CONTENTS PART I. ENROLLMENT AGREEMENT TERMS PART II. RENTAL TERMS A. GENERAL PROVISIONS APPLICABLE TO ALL BLUE CHIP RENTALS B. TERMS AND CONDITIONS APPLICABLE TO RENTALS IN THE UNITED STATES AND CANADA C. COMPANY/TRAVEL AGENT ACCOUNTS SUPPLEMENTARY TERMS AND CONDITIONS PART I. ENROLLMENT AGREEMENT TERMS 1. You have received, read, understand, accept and agree to the terms, conditions, disclosures and notices appearing in this Part I (the "Enrollment Agreement Terms"), which pertain to membership in the Program and Program rentals wherever Program service is available; as of January 1, 2016, Program service is available in the United States and Canada. Your Enrollment Form, together with these Enrollment Agreement Terms, constitutes Your agreement with respect to Your enrollment in the Program and is referred to as Your "Enrollment Agreement". You have also received, read, understand, accept and agree to the terms and conditions appearing below under the heading Part II, including "Part II. A. General Provisions Applicable To All Blue Chip Rentals" (the "General Provisions"), "Part II. B. Terms And Conditions Applicable To Rentals In The United States And Canada" (the "North American Terms"), and "Part II. C. Company/Travel Agent Accounts Supplementary Terms And Conditions" (all the terms and conditions appearing under all those headings collectively, the "Rental Terms"). If at any time You wish to change any of the selections on Your Enrollment Form, You may do so in the manner described in section 2, below. 2. When You make a Manifestation of Assent, You are making an offer to enter into a contract with the Thrifty company identified on Your Enrollment Form (the "Enrolling Company"). The Enrolling Company reserves the right not to accept Your offer without being required to provide any explanation. If Your offer is accepted, You will be given notice that Your application has been accepted by the Enrolling Company. You may from time to time modify Your Enrollment Agreement to update the information or change the selections that You provided in Your Enrollment Form either by written notice to the Enrolling Company or through Thrifty’s Internet website, www.Thrifty.com. Your Enrollment Agreement, as modified to reflect any updates or changes that You may make, is referred to as Your "Enrollment" for the countries covered thereby. If the offer to enter into a contract that You make with Your Manifestation of Assent is accepted by the Enrolling Company, then the resulting Enrollment Agreement will supersede any prior enrollment agreement submitted by You which was accepted by Thrifty prior to acceptance of this Enrollment Agreement with respect to those countries. The supply of the information requested on the Enrollment Form is voluntary. However, the Enrolling Company reserves the right to reject Your offer to enter into a contract with the Enrolling Company if You do not supply all of the information requested or for any other reason. See the General Provisions for information regarding the use of Your personal data. 3. When You rent a private passenger motor vehicle (excluding trucks and vans), including all such vehicles' parts (a "Car"), using the Program, the Thrifty company or licensee providing the Car is called the "Renting Company". Your Enrollment, together with the terms and conditions of the Rental Terms which are applicable to rentals in the country in which the rental commences (as modified by the Enrolling Company from time to time in the manner prescribed therein), the Rental Record or Rental Agreement which You receive at the commencement of the rental (excluding, in the case of a rental agreement, the preprinted general terms and conditions section thereof, if any), and any other documents which You are required to sign at the commencement of the rental, will constitute the agreement between You and the Renting Company governing the rental. The identity of the Renting Company for each rental will appear on the Rental Record/Agreement for that rental. The Enrolling Company and the Renting Company are referred to collectively as "Thrifty", "we" or "us". 4. The availability of Program service at specific locations may change. Reservations made not less than two (2) hours in advance of proposed rental commencement are required for Blue Chip rentals. 5. You represent that the information which You have provided in Your Enrollment is true, correct and complete. Your selections in the Enrollment of Optional Services (where available) and car class (subject to vehicle availability at the time You make the reservation) will apply to all rentals which You make using the Program; provided, that for a specific rental You may change Your selections of Optional Services at the commencement of the rental and You may select a different car class when You make Your reservation. Notice: For rentals at some locations, certain optional services may not be available on the basis of an advance request in Your Enrollment to obtain them. In such circumstances, the Rental Record/Agreement will indicate that You have declined to obtain such optional services, even though Your Enrollment specifies that you wish to obtain them. You may be able to purchase such services at the commencement of the rental even when they are not available in advance. 6. You authorize Thrifty to process all charges in any way incurred by You in connection with an Blue Chip rental against the first credit, charge or debit card listed in Your Enrollment (as such list may be modified from time to time in the manner described in section 2, above) which has available credit or funds, as the case may be, and which is accepted to qualify for rental at the rental location. 7. You promise to notify the Enrolling Company at once if Your Blue Chip Card, Card number or any of the credit cards listed in Your Enrollment are lost, stolen or invalidated, or if You suspect that any of them are being used without Your permission. Because of the nature of the Program, You understand the urgency of this obligation. 8. At any time during the year You may notify the Enrolling Company in writing of Your desire to cancel Your membership. Thrifty reserves the right to cancel or suspend Your membership for any reason at any time, without notice. 9. ARBITRATION PROVISION THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND THE RESPECTIVE HERTZ COMPANY IDENTIFIED ON PAGE ONE OF THIS DOCUMENT (HEREINAFTER "THRIFTY") EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Thrifty remain free to bring any issues to the attention of government agencies. This arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or Thrifty may commence an arbitration by providing a written demand for arbitration to the other (to Thrifty, 8501 Williams Road, Estero, FL 33928, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Thrifty will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT no.arbitration@Thrifty.com OR BY MAIL TO Thrifty, 8501 Williams Road, Estero, FL 33928, Attn: Legal Department. Include Your name, address, reservation ID number or Rental Agreement number (if provided), and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Thrifty of Your decision to opt out of arbitration, You do not need to do so again. 10. With regard to Your Enrollment or membership in the Program (as opposed to any Program rental entered into by You), the law of Florida, U.S.A. will apply, and You irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of Your Enrollment or the agreement governing any Program rental conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of Your Enrollment or such agreement, which shall continue in full force and effect. If any provision of Your Enrollment or such agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere). 11. THE FOLLOWING INFORMATION IS PROVIDED REGARDING YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO ANY CAR WHICH YOU RENT IN THE UNITED STATES OR CANADA USING BLUE CHIP. MORE DETAILED INFORMATION APPEARS IN PARAGRAPH 4 OF THE NORTH AMERICAN TERMS. EXCEPT AS STATED IN PARAGRAPH 4 OF THE NORTH AMERICAN TERMS, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE REGARDLESS OF FAULT. FOR RENTALS IN THE UNITED STATES AND CANADA, THRIFTY OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER (LDW). IF YOU ACCEPT LDW, WHICH IS NOT INSURANCE, THRIFTY WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR, SUBJECT TO CERTAIN RESTRICTIONS AND EXCLUSIONS WHICH ARE DISCUSSED IN PARAGRAPHS 4(d), 4(e) and 5 OF THE NORTH AMERICAN TERMS. IN THOSE STATES WHERE THE SALE OF LDW IS REGULATED, THAT LAW WILL GOVERN YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR. LDW ENTAILS AN ADDITIONAL CHARGE. AS OF JANUARY 1, 2016, THE CHARGE FOR LDW AT MOST LOCATIONS IN THE UNITED STATES RANGES FROM US $9.00TO US$72.99 FOR EACH FULL OR PARTIAL RENTAL DAY DEPENDING ON THE CAR CLASS AND MSRP OF THE CAR RENTED. HOWEVER, A SPECIAL. IN CANADA, THE CHARGE FOR LDW RANGES FROM CAN$24.99 TO CAN$35.99 FOR EACH FULL OR PARTIAL RENTAL DAY DEPENDING ON THE CAR CLASS RENTED AND WHETHER A DEDUCTIBLE APPLIES.. ALL CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. YOUR INSURANCE (OR THAT OF THE AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OR DAMAGE TO THE CAR. 12. NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE RENTAL VEHICLE. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LOSS DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE. THE PURCHASE OF THIS LOSS DAMAGE WAIVER PRODUCT IS NOT MANDATORY AND MAY BE DECLINED. 13. THE INSURANCE COVERAGES OFFERED BY THRIFTY MAY PROVIDE A DUPLICATION OF COVERAGE ALREADY PROVIDED BY A RENTER'S PERSONAL AUTOMOBILE INSURANCE POLICY OR BY ANOTHER SOURCE OF COVERAGE. THE PURCHASE OF THESE KINDS OF COVERAGE IS NOT REQUIRED IN ORDER TO RENT A VEHICLE. 14. FOR RENTALS COMMENCING IN THE DISTRICT OF COLUMBIA. WARNING: FAILURE TO RETURN THE CAR IN ACCORDANCE WITH THE TERMS OF THE RENTAL AGREEMENT MAY RESULT IN A CRIMINAL PENALTY OF UP TO 3 YEARS IN JAIL. 15. Unless waived, a renter in MiamiDade County must be furnished a countyapproved visitor information map. These maps are available at all Thrifty locations in Dade County. Each renter must either acknowledge receipt of such a map or waive his or her right to receive such a map. By making a Manifestation of Assent, You hereby waive Your right to receive such a map. 16. NOTICE: IF YOU HAVE COLLISION COVERAGE UNDER YOUR OWN AUTOMOBILE INSURANCE POLICY WRITTEN IN LOUISIANA, YOUR COLLISION COVERAGE AUTOMATICALLY EXTENDS TO RENTAL MOTOR VEHICLES PURSUANT TO R.S. 22: 1296. EVEN IF YOU ARE NOT A LOUISIANA INSURED, THE PURCHASE OF LOSS DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED. THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A LOSS DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE LOSS DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER SUCH COVERAGE. 17. Under Minnesota law, a personal automobile insurance policy must: (1) cover the rental of the motor vehicle against damage to the vehicle and against loss of use of the vehicle; and (2) extend the policy’s basic economic loss benefits, residual liability insurance, and uninsured and underinsured motorist coverages to the operation or use of a rented motor vehicle. Therefore, purchase of any collision damage waiver or similar insurance affected on this Enrollment Agreement is not necessary. In addition, purchase of any additional liability insurance is not necessary if your policy was issued in Minnesota unless you wish to have coverage for liability that exceeds the amount specified in your personal automobile insurance policy. 18. NOTICE TO TEXAS RESIDENTS REGARDING DAMAGE WAIVERS YOUR RENTAL AGREEMENT OFFERS, FOR AN ADDITIONAL CHARGE, AN OPTIONAL WAIVER TO COVER ALLOR PART OF YOUR RESPONSIBILITY FOR DAMAGE TO OR LOSS OF THE VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN AUTOMOBILE INSURANCE OR CREDIT CARD AGREEMENT PROVIDES YOU COVERAGE FOR RENTAL VEHICLE DAMAGE OR LOSS AND DETERMINE THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THE WAIVER IS NOT MANDATORY. THE WAIVER IS NOT INSURANCE. 19. The following applies to residents of Australia: You consent to Thrifty obtaining reports from one or more credit reporting agencies for the purpose(s) of assessing Your application for membership in the Program, assessing your applications to rent Cars from Thrifty and managing Your rentals of Cars. You also consent to Thrifty giving information about You to credit reporting agencies for the purposes of obtaining consumer credit reports about You and to allow the credit reporting agencies to create or maintain credit information files containing information about You. The information can include Your identity particulars, the fact that you have applied for or obtained membership in the Program, or that you have applied to rent or have rented Cars from Thrifty, details of any payment which You must make to Thrifty which is more than 60 days overdue and for which debt collection action has started, information that in Thrifty’ opinion you have committed a serious credit infringement, and information about dishonoured cheques drawn by you for AUS$100.00 or more which have been dishonoured more than once. You also authorize Thrifty to exchange information about You with credit providers named in a consumer credit report issued by a credit reporting agency or named in Your application for membership in the Program or Your application to rent a Car for the purposes of assessing Your application for membership in the Program, assessing applications by You to rent Cars, managing Your rental of Cars, notifying other credit providers of a default, exchanging information with other credit providers as to the status of any vehicle rentals you have with Thrifty in situations where you are in default with other credit providers, and to assess Your credit worthiness. This can include any information about Your creditworthiness, credit standing, credit history or credit capacity which credit providers are allowed to exchange under the Privacy Act. PART II. THRIFTY BLUE CHIP RENTAL TERMS PART II. A. GENERAL PROVISIONS APPLICABLE TO ALL THRIFTY BLUE CHIP RENTALS AGREEMENT; PARTIES TO AGREEMENT The terms and conditions appearing in this Part II. A. apply to all rentals using the Program by You. For a rental to be a rental using the Program, You must be enrolled to use the Program in the country in which the rental is to commence. You must make a reservation for the rental in which You give Your Program membership number, and the rental must commence at a location at which Program service is available. Substitutions and exchanges of Cars rented using the Program, and extensions authorized by Thrifty of Program rentals beyond the due date for return of the Car, will also be Program rentals. Trucks and vans are not available for rental using the Program. Rentals which do not use the Program will be governed by the Terms and Conditions for rentals at the facility at which the rental originates, which will be given to You at the commencement of the rental, and not by these Rental Terms. However, if the Terms and Conditions for rentals at the facility at which a nonProgram rental commences are less permissive with respect to which persons may operate the Car than are the corresponding provisions of these Rental Terms for Program Rentals commencing in the country in which that facility is located, then renters enrolled to use the Program in that country will receive the benefit of the more permissive terms even when making a nonProgram rental of a Car. For rentals in the United States and Canada by renters enrolled to use the Program in those countries, this means that the renter's spouse or domestic partner may operate the Car without registering as an Additional Authorized Operator or paying a fee, provided he or she is at least 25 years old and has a valid driver's license from a jurisdiction acceptable to Thrifty. When You rent a private passenger motor vehicle, including all such vehicle's parts (a "Car"), using the Program (a "Program rental"), the Thrifty company or licensee providing the Car is called the "Renting Company." At the time of such a rental, You will receive a written document (called a "Rental Record" or "Rental Agreement") which contains specific terms of that rental and identifies the Renting Company; the Rental Record/Agreement may also contain other information pertaining to Car rentals in the jurisdiction in which the rental commences. The agreement governing such a rental (this "Agreement") will consist of (i) Your Enrollment for the country in which that rental commences, (ii) these General Provisions and the terms and conditions of these Rental Terms which are applicable to rentals in that country, as modified by Thrifty in the manner described in "Waiver Or Change Of Terms," below, (iii) the applicable Rental Record/Agreement (excluding, in the case of a Rental Agreement, the preprinted general terms and conditions section thereof, if any) and (iv) any other documents which You are required to sign when You rent the Car. This Agreement is an agreement between You, on the one hand, and the Renting Company, on the other. The words "Thrifty," "we" and "us" mean the Enrolling Company and the Renting Company. This Agreement is entered into, and the rental of the Car using the Program commences, when You take possession of the Car. If You rent a Car using the Program and Your Enrollment contains a counter discount program ("CDP") number and/or You request that an "ask for" rate plan apply to Your rental (also known as specifying an "RQ Code"), then the terms of the CDP program and the "ask for" rate plan may be inconsistent with each other or with other information contained in Your Enrollment. (For example, the "ask for" rate plan You specify may be an inclusive rate plan under which You will receive a damage waiver, while Your Enrollment or the terms of Your CDP may reflect that You decline a damage waiver.) In such an event, You authorize Thrifty to resolve the inconsistency in any manner that it in good faith determines, provided that the Rental Record/Agreement that You receive at the commencement of the rental reflects the resolution of the inconsistency that Thrifty has determined to effect. If You decide to change the optional services reflected on the Rental Record/Agreement, You may do so by advising a Thrifty representative of Your decision at the commencement of the rental and having the representative revise the Rental Record/Agreement to reflect Your elections. ASSIGNMENT AND DELEGATION You may not assign Your rights or responsibilities as a member of the Program or Your rights or responsibilities under any agreement governing any Program rental. The Enrolling Company reserves the right to perform its obligations under Your Enrollment and any rentals using the Program through affiliated companies and licensees in the countries where the rentals commence, and You hereby acknowledge the right of such affiliated companies or licensees to subrogate to any or all of the rights of the Enrolling Company in relation to such rentals. WAIVER OR CHANGE OF TERMS No term contained in any agreement governing any Program rental may be waived or changed, except in writing signed by an Blue Chiply authorized representative of Thrifty. Except as provided in these Rental Terms, rental representatives are not authorized to waive or change any term of any agreement governing any Program rental. The terms and conditions of these Rental Terms or Your Enrollment may be revised or supplemented from time to time by Thrifty sending You notice of such changes. It will be presumed that You have received any such notice mailed to Your address specified in Your Enrollment or otherwise provided by You to Thrifty. If applicable law allows such notices to be effective if sent using electronic records (for example, by email), it will also be presumed that You have received any such notice transmitted/sent to the address for electronic records (for example, the email address) specified in Your Enrollment or otherwise provided by You to Thrifty. Your making a Program rental after the effective date of such changes will constitute Your acceptance of such changes. These Rental Terms may also be changed by Thrifty from time to time, without notice to You, if the change is made (i) to cure any ambiguity in the terms and conditions, to correct or supplement any provision of the terms and conditions that is inconsistent with any other provision or to add any provision with respect to matters or questions arising under the terms and conditions that is consistent with them, in each case provided that the change does not adversely affect You, or (ii) to modify, eliminate or add any provision to the extent necessary to make these Rental Terms comply with, and be enforceable under, applicable law. The terms and conditions of these Rental Terms, as they may from time to time be changed by Thrifty, will be available on request made to Thrifty at (888) 4008877 or by emailing Thrifty BlueChipr@thrifty.com and at our Internet website, http://www.Thrifty.com. Information regarding changes to the Rental Terms, as well as changes to California law governing rental agreements, since the effective date of the most recent restatement of the Rental Terms, will also be available on written request to any of the addresses listed in the preceding sentence. This information may also be viewed at http://www.Thrifty.com. You may view the Rental Terms, together with the aforementioned changes, on www.Thrifty.com by simply (a) logging in as a member, then (b) clicking on "MY ACCOUNT" and then (c) clicking on "Terms and Conditions."You may from time to time, by written notice to Your Enrolling Company or through our Internet website, change the selections in Your Enrollment with respect to vehicle class, optional services and/or credit card information. APPLICABLE LAW With regard to any Program rental entered into by You, the substantive law of the jurisdiction(s) in which the rental commences will apply, 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 located in that jurisdiction. With regard to Your Enrollment or membership in the Program (as opposed to any Program rental entered into by You), the law of Florida, U.S.A. will apply, and You irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction. If any provision of Your Enrollment or the agreement governing any Program rental conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to that jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of Your Enrollment or such agreement, which shall continue in full force and effect. If any provision of Your Enrollment or such agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere). YOU UNDERSTAND AND AGREE THAT IT IS IMPROPER FOR YOU TO FILE A LAWSUIT CONCERNING YOUR MEMBERSHIP IN THE PROGRAM OR ANY PROGRAM RENTAL AGAINST ANY ENTITY OTHER THAN THE ENROLLING COMPANY OR, WITH RESPECT TO ANY PARTICULAR PROGRAM RENTAL, THE APPLICABLE RENTING COMPANY. USE OF PERSONALLY IDENTIFIABLE DATA You acknowledge that Thrifty has established a Privacy Policy for Rental Customers (the "Privacy Policy") with respect to the use of personally identifiable data about individuals who are customers or prospective customers of the rental businesses of Thrifty, under which: 1. Thrifty may collect personally identifiable data about You and may make certain uses, including without limitation marketing uses, of personally identifiable data about You. 2. You may direct Thrifty (A) not to disclose personally identifiable data about You to companies that are not Thrifty's affiliates or licensees for a third party’s own marketing purposes and/or (B) not to send You any marketing offers or materials and not to provide personally identifiable data about You to the Hertz Group's affiliates or licensees for marketing purposes. That direction may be given at the time of your initial Enrollment or may be given subsequently by writing to Director, Privacy Services, Thrifty, P.O. Box 25301, Oklahoma City, OK 73125, U.S.A.; or to Director, Privacy Services, Hertz Europe Financial Centre, Swords Business Park, Swords, Co. Dublin, Republic of Ireland; or to Director, Privacy Services, Hertz Australia Pty Ltd, 10 Dorcas Street, South Melbourne VIC 3205, Australia or to Director, Privacy Services, Hertz New Zealand Ltd., Private Bag 4716, Christchurch, New Zealand 8020; or by updating Your Enrollment through our Internet website. 3. You may access and correct data about You. 4. Thrifty may make changes to the Privacy Policy in the future. 5. By providing Thrifty with personally identifiable data about You, You consent to the collection and use of data about You, subject only to any choices You are permitted to make to limit such use, and to Your right to access and correct such data; You acknowledge data security risks and agree to take precautions to assist Thrifty in protecting such data; and You agree that Thrifty may make changes in the Privacy Policy in the future. The foregoing is simply an outline of the Privacy Policy. A full copy of the Privacy Policy may be viewed by clicking on the following link: Privacy Policy: www.thrifty.com/AboutUs/content/Privacy.aspx. You may also obtain a copy of the Privacy Policy by writing to Director, Privacy Services at one of the addresses appearing in paragraph 2 above. CURRENCY CONVERSION For Program rentals outside Europe, Middle East and Africa, the following provision applies. If You use a credit, charge or debit card or stored value/prepaid/gift card to pay for rental charges that are denominated in the currency of one country and the card was issued in a country that uses a different currency, then, if it is permitted to do so by applicable law, Thrifty may (but will not be required to) convert the charges into the currency of the country in which the card was issued and process the charges in the converted currency. If Thrifty elects to convert such charges, then such charges will be converted into the currency of the country in which the card was issued on the date Thrifty or its agents forward the charges to Thrifty’ card processor at a rate set by Thrifty or an entity designated by Thrifty based on an interbank, tourist or (where required by law) official rate, increased in each instance by a currency conversion charge of up to 3%. This rate may differ from the rate in effect on the date the charges were incurred and may also differ from the rate You would pay if Thrifty were to forward the charges to the card’s issuer in the currency in which the charges were originally denominated. OPTIONAL SERVICES The optional services offered by Thrifty are subject to being discontinued or modified, and are subject to price changes, at any time without notice, and are subject to local availability. You should review the Rental Record/Agreement which You receive at the commencement of each rental. You may select different optional services from those specified in Your Enrollment by advising a Thrifty representative of Your decision at the commencement of the rental and having the Thrifty representative revise the Rental Record/Agreement to reflect Your elections. PAYMENTS TO INTERMEDIARIES If You arrange for a rental through a travel agent, Internet travel site, broker or other intermediary acting on Your behalf, Thrifty may pay commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with Thrifty. For details on such compensation, You should contact that party. PART II. B. TERMS AND CONDITIONS APPLICABLE TO RENTALS IN THE UNITED STATES AND CANADA The terms and conditions appearing in this Part II. B. ("North American Terms") apply to all Thrifty Blue Chip rentals commencing in the United States and Canada. All references in this Part II. B. to numbered paragraphs and subparagraphs refer to these North American Terms. 1. NATURE OF THIS AGREEMENT You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Thrifty. No one other than Thrifty may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Thrifty is void. Neither You nor any Authorized Operators are agents of Thrifty. No one may service or repair the Car without Thrifty’ prior Blue Chip approval. THRIFTY MAKES NO BLUE CHIP OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE. 2. WHO MAY OPERATE THE CAR Only You and, with Your permission, the following persons, provided that they meet the qualifications set forth in the following sentence (“Authorized Operators”), may operate the Car: (a) for rentals commencing in the states of California and Iowa, Your spouse, Your employer, employees and fellow employees incidental to their business duties, and (b) for rentals commencing in all states any other person who meets Thrifty’ qualifications and who signs an Additional Authorized Operator form at the time of rental. Except as provided in the following sentence, all Authorized Operators must be at least 20 years old (an Age Differential charge may apply for ages 20-24) and have a valid driver’s license from a jurisdiction acceptable to Thrifty. For rentals which commence in Michigan, persons between the ages of 18 and 24 who meet Thrifty’ other qualifications and who sign an Additional Authorized Operator form at the time of rental may be Authorized Operators; in such cases, an Underage Differential Charge will be assessed. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances which, under the laws of the jurisdiction in which the alleged emergency occurred, would justify the operation of an automobile by an unlicensed driver. With respect to persons who must sign an Additional Authorized Operator form, other qualifications may, at Thrifty’ discretion, be in effect at the time and place of rental; and, where permitted by law, Thrifty may impose an additional fee for such persons By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraphs 9 and 10(e)). 3. RETURN ORDINARY WEAR DUE TO REASONABLE USE EXCEPTED, YOU MUST RETURN THE CAR TO THRIFTY IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. IF YOU EXCEED 3500 MILES DRIVEN IN A 30 DAY PERIOD YOUR RENTAL PRIVILEGES MAY BE REVOLED DUE TO EXCESSIVE WEAR AND TEAR. YOU MUST RETURN THE CAR TO THRIFTY BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, OR SOONER IF DEMANDED BY THRIFTY. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS (IN NEW JERSEY, OHIO AND SOUTH DAKOTA, 28 DAYS), UNLESS AUTHORIZED IN WRITING BY THRIFTY. IF YOU FAIL TO RETURN THE CAR BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, THRIFTY WILL CHARGE YOU AN OVERDUE ADMINISTRATIVE FEE. THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL THRIFTY HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL THRIFTY HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS AND (B) TIME CHARGES, CHARGES FOR LDW, PAI/PEC AND LIS, AND ANY CHARGES FOR ADDITIONAL SERVICES OR OTHER CHARGES WHICH ARE STATED HEREIN AND ON THE RENTAL RECORD AS A PERIODIC RATE, MAY CONTINUE TO ACCRUE UNTIL THE RETURN LOCATION REOPENS FOR BUSINESS. IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER THRIFTY SENDS YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN IN YOUR ENROLLMENT OR OTHERWISE PROVIDED TO THRIFTY, THRIFTY MAY, AT YOUR EXPENSE, RECOVER THE CAR WHERE AND WHEN IT IS FOUND. IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5 OF THESE NORTH AMERICAN TERMS, THEN THRIFTY MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRECONDITION FOR THRIFTY RECOVERING THE CAR. THE CAR MAY BE EQUIPPED WITH GLOBAL POSITIONING TECHNOLOGY OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS THRIFTY TO TRACK OR OTHERWISE LOCATE THE CAR AND PRIVACY IS NOT GUARANTEED. TO THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE THRIFTY’S USE OF THE TECHNOLOGY INCLUDED IN THE CAR, INCLUDING TO TRACK THE LOCATION OF THE CAR, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR.UPON RETURN, IF THE CAR REQUIRES MORE THAN THRIFTY’ STANDARD CLEANING ON ITS RETURN, THRIFTY MAY CHARGE YOU FOR THE ACTUAL COSTS INCURRED BY THRIFTY TO HAVE THE CAR CLEANED. FOR RENTALS COMMENCING IN ARIZONA, IT IS REQUIRED BY LAW THAT YOU ACKNOWLEDGE YOUR UNDERSTANDING THAT IT WILL BE A VIOLATION OF ARIZONA STATUTES 131806 IF THE CAR IS NOT RETURNED WITHIN 72 HOURS OF THE DUE DATE AND TIME SPECIFIED ON THE RENTAL RECORD AND THAT YOU SHALL BE SUBJECT TO A MAXIMUM PENALTY NOT TO EXCEED US$150,000 AND/OR IMPRISONMENT OF 2.25 YEARS. BY RENTING A CAR USING THE PROGRAM FOLLOWING DELIVERY TO YOU OF THESE NORTH AMERICAN TERMS, YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED AND UNDERSTAND THIS NOTICE. FOR RENTALS IN THE DISTRICT OF COLUMBIA, IT IS REQUIRED BY LAW THAT YOU BE NOTIFIED THAT IF YOU FAIL TO RETURN A RENTAL CAR IN ACCORDANCE WITH THE NORTH AMERICAN TERMS, IT MAY RESULT IN A CRIMINAL PENALTY OF UP TO THREE YEARS IN JAIL. FOR RENTALS IN CANADA: IF AFTER 30 DAYS, THRIFTY IS UNABLE TO RECOVER THE CAR, THE CAR IS DEEMED TO BE UNLAWFULLY CONVERTED TO YOUR USE BY YOU, AND THRIFTY MAY EXERCISE ITS LEGAL RIGHTS TO REMEDY THE THEFT OF THE CAR. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO COMPLAIN OF THE STEPS TAKEN BY THRIFTY TO RECOVER A CAR DEEMED TO BE UNLAWFULLY RETAINED BY YOU. 4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL LOSS DAMAGE WAIVER a. EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE INCLUDING BUT NOT LIMITED TO COLLISION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OR GOD REGARDLESS OF FAULT. b. EXCEPT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR AND ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY THRIFTY, AN ADMINISTRATIVE CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE. AS MORE GENERALLY PROVIDED IN PARAGRAPH 6, THRIFTY MAY, WHERE PERMITTED UNDER APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT, CHARGE OR DEBIT CARD FOR THESE LOSSES, COSTS AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL. c. YOUR RESPONSIBILITY FOR DAMAGE DUE TO THEFT OR OTHERWISE IS LIMITED BY LAW IN CERTAIN JURISDICTIONS. AS OFJANUARY 1, 2016, THE FOLLOWING LIMITATIONS EXIST. SHOULD THE LAWS IMPOSING THESE REGULATIONS BE REPEALED, THE PROVISIONS OF SUBPARAGRAPHS 4(a) AND 4(b) SHALL APPLY WITHOUT SUCH LIMITATIONS. 1. FOR RENTALS COMMENCING IN CALIFORNIA, (A) YOU ARE ONLY RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM COLLISION, ROLLOVER, THEFT OR VANDALISM, (B) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR WILL IN NO EVENT EXCEED THE FAIR MARKET VALUE OF THE CAR AT THE TIME IT IS LOST OR DAMAGED, PLUS ACTUAL CHARGES FOR TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY THRIFTY, AND AN ADMINISTRATIVE CHARGE, (C) YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM VANDALISM UNRELATED TO THE THEFT OF THE CAR WILL NOT EXCEED US$500 AND (D) YOU ARE NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THEFT UNLESS IT RESULTS FROM A FAILURE TO EXERCISE ORDINARY CARE BY YOU OR ANY AUTHORIZED OPERATOR. FOR RENTALS COMMENCING IN ILLINOIS, FOR A CAR WITH AN MSRP OF $50,000 OR LESS, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO CAUSES OTHER THAN THEFT WILL NOT EXCEED $17,000 THROUGH MAY 31, 2016, WHICH LIMIT WILL INCREASE BY $500 PER YEAR STARTING JUNE 1, 2016; AND YOUR RESPONSIBILYT FOR THEFT WILL NOT EXCEED $2,000 UNLESS IT IS ESTABLISHED THAT YOU OR AN AUTHORIZED OPERATOR FAILED TO EXERCISE ORDINARY CARE WHILE IN POSSESSION OF THE CAR OR COMMITTED OR AIDED IN THE COMMISSION OF THE THEFT.FOR A CAR WITH AN MSRP OF MORE THAN $50,000, YOUR RESPONSIBILITY FOR LOSS OR DAMAGE DUE TO CAUSES OTHER THAN THEFT, AND FOR THEFT, WILL NOT EXCEED $40,000 THROUGH SEPTEMBER 30, 2016, WHICH LIMIT WILL INCREASE BY $2,500 PER YEAR STARTING OCTOBER 1, 2016. 2. FOR RENTALS COMMENCING IN INDIANA, YOU WILL BE RESPONSIBLE FOR NO MORE THAN (1) LOSS OR DAMAGE TO THE CAR UP TO ITS FAIR MARKET VALUE RESULTING FROM COLLISION, THEFT OR VANDALISM, (2) LOSS OF USE OF THE CAR, IF YOU ARE LIABLE FOR DAMAGE, (3) ACTUAL CHARGES FOR TOWING, STORAGE AND IMPOUND FEES PAID BY THRIFTY, IF YOU ARE LIABLE FOR DAMAGE, AND (4) AN ADMINISTRATIVE CHARGE. 3. FOR RENTALS COMMENCING IN NEVADA, (A) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR WILL NOT EXCEED THE FAIR MARKET VALUE OF THE CAR AT THE TIME THE CAR IS LOST OR DAMAGED PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, AN ADMINISTRATIVE CHARGE AND A REASONABLE CHARGE FOR LOSS OF USE; (B) YOUR RESPONSIBILITY FOR DAMAGE TO THE CAR AND LOSS OF USE OF THE CAR RESULTING FROM VANDALISM NOT RELATED TO THE THEFT OF THE CAR AND NOT CAUSED BY YOU WILL NOT EXCEED $2,500; AND (C) YOU ARE NOT RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THEFT OR VANDALISM RELATED TO THE THEFT IF YOU HAVE POSSESSION OF THE IGNITION KEY OR YOU ESTABLISH THAT THE IGNITION KEY WAS NOT IN THE CAR AT THE TIME OF THE THEFT, YOU FILE AN OFFICIAL REPORT OF THE THEFT WITH THE POLICE WITHIN 24 HOURS OF LEARNING OF THE THEFT AND YOU COOPERATE WITH THRIFTY AND THE POLICE IN PROVIDING INFORMATION REGARDING THE THEFT, AND NEITHER YOU NOR AN AUTHORIZED OPERATOR COMMITTED OR AIDED AND ABETTED THE COMMISSION OF THE THEFT. 4. FOR RENTALS COMMENCING IN NEW YORK: (A) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE TO THE CAR WILL NOT EXCEED THE LESSER OF (1) THE ACTUAL AND REASONABLE COSTS INCURRED BY THRIFTY TO REPAIR THE CAR OR WHICH THRIFTY WOULD HAVE INCURRED IF THE CAR WAS REPAIRED, WHICH SHALL REFLECT ANY DISCOUNTS, PRICE REDUCTIONS OR ADJUSTMENTS AVAILABLE TO THRIFTY; OR (2) THE FAIR MARKET VALUE OF THE CAR AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ANY NET DISPOSAL PROCEEDS. “ACTUAL AND REASONABLE COSTS” MEANS THE REPAIR PRICE REDUCED BY ALL DISCOUNTS PAID BY THRIFTY TO THE REPAIRER OF THE CAR, INCLUDING COSTS FOR TOWING, STORAGE AND IMPOUND FEES, AND DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY THRIFTY. (B) YOU WILL NOT BE RESPONSIBLE FOR DAMAGES INCURRED BY THRIFTY FOR THE LOSS OF USE OF THE CAR, RELATED ADMINISTRATIVE CHARGES, OR AMOUNTS THAT THRIFTY RECOVERS FROM ANY OTHER PARTY. (C) YOU ARE NOT RESPONSIBLE FOR MECHANICAL DAMAGE UNRELATED TO AN ACCIDENT OR THAT COULD REASONABLY BE EXPECTED FROM NORMAL USE OF THE CAR EXCEPT IN INSTANCES WHERE ABUSE OR NEGLECT BY YOU OR AN AUTHORIZED OPERATOR IS SHOWN. (D) YOU WILL NOT BE LIABLE FOR LOSS DUE TO THEFT OF THE CAR UNLESS IT IS ESTABLISHED THAT YOU OR AN AUTHORIZED OPERATOR FAILED TO EXERCISE REASONABLE CARE OR COMMITTED, OR AIDED AND ABETTED IN THE COMMISSION OF, THE THEFT OF THE CAR. (E) IF THE CAR IS RETURNED WITH DAMAGE, THEN, WITHIN 72 HOURS AFTER THE CAR IS RETURNED, YOU, ANY AUTHORIZED OPERATOR OR YOUR OR HIS OR HER INSURER MUST NOTIFY THRIFTY THAT YOU, HE, SHE OR IT WISHES TO INSPECT THE DAMAGED CAR OR THE RIGHT TO INSPECT THE DAMAGED CAR WILL BE WAIVED. THE INSPECTION MUST BE COMPLETED WITHIN 7 DAYS OF THE RETURN DATE OF THE CAR. HOWEVER, IF THRIFTY DETERMINES THE CAR TO BE A TOTAL LOSS AND SUBJECT TO SALVAGE, THE 72HOUR PERIOD SHALL NOT APPLY AND YOU, ANY AUTHORIZED OPERATOR OR YOUR, HIS OR HER INSURER SHALL HAVE 10 BUSINESS DAYS TO INSPECT THE CAR FROM RECEIPT BY YOU FROM THRIFTY OF A NOTICE OF YOUR OBLIGATION (OR THAT OF THE AUTHORIZED OPERATOR WHO WAS OPERATING THE CAR AT THE TIME THAT THE DAMAGE OCCURRED) TO EXECUTE AND RETURN TO THRIFTY A COMPLETE AND ACCURATE INCIDENT REPORT DESCRIBING ANY PHYSICAL AND/OR MECHANICAL DAMAGE. 5. FOR RENTALS COMMENCING IN WISCONSIN, (A) YOU ARE NOT RESPONSIBLE FOR ANY DAMAGE TO THE CAR OTHER THAN DAMAGE (x) RESULTING FROM AN ACCIDENT OCCURRING WHILE THE CAR IS UNDER THIS AGREEMENT OR (y) CAUSED INTENTIONALLY BY, OR BY THE RECKLESS OR WANTON MISCONDUCT OF, YOU OR AN AUTHORIZED OPERATOR; AND (B) YOUR RESPONSIBILITY WILL IN NO EVENT EXCEED THE FAIR MARKET VALUE OF THE CAR IMMEDIATELY BEFORE THE DAMAGE OCCURS, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING FEES AND STORAGE FEES FOR NO MORE THAN 2 DAYS. YOUR RESPONSIBILITY MAY ALSO BE LIMITED IN OTHER JURISDICTIONS. d. IF YOU HAVE PURCHASED THE OPTIONAL LOSS DAMAGE WAIVER (“LDW”), WHICH IS NOT INSURANCE, THRIFTY WILL NOT HOLD YOU RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR EXCEPT AS DESCRIBED IN SUBPARAGRAPH 4(e) BELOW. IN THOSE JURISDICTIONS WHERE THE SALE OF LDW IS REGULATED THAT LAW WILL GOVERN YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR. AS OF JANUARY 1, 2016, LDW PURCHASED FOR PROGRAM RENTALS WHICH COMMENCE IN THE UNITED STATES OR IS NOT SUBJECT TO A DEDUCTIBLE. LDW IS SUBJECT TO A DEDUCTIBLE ON RENTALS WHICH COMMENCE IN CANADA. IN THE FUTURE DEDUCTIBLES MAY, WITHOUT NOTICE, BE IMPOSED, AND THEREAFTER CHANGED FROM TIME TO TIME, WHERE PERMITTED BY LAW, BUT ONLY IF THE DEDUCTIBLES IMPOSED ARE NOTED ON THE RENTAL RECORDS FOR THE RENTALS TO WHICH THEY APPLY. LDW ENTAILS AN ADDITIONAL CHARGE. AS OF JANUARY 1, 2016, THE MAXIMUM CHARGE FOR LDW AT MOST THRIFTY LOCATIONS IS US$72.99 FOR EACH FULL OR PARTIAL RENTAL DAY IN THE UNITED STATES (US$26,641.35 ON AN ANNUALIZED BASIS) OR CAN$30.95 FOR EACH FULL OR PARTIAL RENTAL DAY IN CANADA (CAN$11,296.75 ON AN ANNUALIZED BASIS).. ALL CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE. PURCHASE OF LDW IS NOT REQUIRED IN ORDER TO RENT A CAR AND MAY BE DECLINED. YOUR OWN INSURANCE (OR THAT OF AN AUTHORIZED OPERATOR) MAY COVER ALL OR PART OF YOUR FINANCIAL RESPONSIBILITY (OR THAT OF THE AUTHORIZED OPERATOR) FOR LOSS OF OR DAMAGE TO THE CAR. BEFORE DECIDING WHETHER TO PURCHASE LDW, YOU ARE ADVISED TO CONSULT WITH YOUR INSURER AND/OR EXAMINE YOUR AUTOMOBILE INSURANCE POLICY AND THAT OF ANY AUTHORIZED OPERATOR TO DETERMINE WHETHER THE POLICY AFFORDS COVERAGE FOR LOSS OR DAMAGE TO A RENTED VEHICLE, AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE, INCLUDING THE AMOUNT OF THE DEDUCTIBLE AND ANY OTHER LIMITATIONS AND EXCESSES. YOU ARE ALSO ADVISED TO DETERMINE WHETHER SUCH COVERAGE IS PROVIDED UNDER THE AGREEMENT REGARDING THE CREDIT CARD WHICH IS USED TO PAY FOR THE RENTAL OR FROM ANY OTHER SOURCE AND, IF SO, THE TERMS AND SCOPE OF SUCH COVERAGE. FOR RENTALS COMMENCING IN NEW YORK: FOR RENTALS OF TWO OR MORE DAYS, YOU MAY VOID LDW AT NO CHARGE WITHIN 24 HOURS OF PURCHASE PROVIDED THAT YOU APPEAR IN PERSON WITH THE CAR AT ANY BRANCH OF THE RENTING COMPANY AND SIGN A CANCELLATION FORM. NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, OPTIONAL VEHICLE PROTECTION TO COVER YOUR FINANCIAL RESPONSIBILITY FOR DAMAGE OR LOSS TO THE RENTAL VEHICLE. THE PURCHASE OF OPTIONAL VEHICLE PROTECTION IS OPTIONAL AND MAY BE DECLINED. YOU ARE ADVISED TO CAREFULLY CONSIDER WHETHER TO PURCHASE THIS PROTECTION IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY YOUR CREDIT CARD OR AUTOMOBILE INSURANCE POLICY. BEFORE DECIDING WHETHER TO PURCHASE OPTIONAL VEHICLE PROTECTION, YOU MAY WISH TO DETERMINE WHETHER YOUR CREDIT CARD OR YOUR VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF DEDUCTIBLE UNDER SUCH COVERAGE. e. USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5 OF THESE TERMS AND CONDITIONS WILL, TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID LDW AND CAUSE YOU TO BE RESPONSIBLE FOR LOSS OF OR DAMAGE TO THE CAR RESULTING FROM THAT PROHIBITED USE. FOR RENTALS COMMENCING IN CALIFORNIA, IF YOU HAVE ACCEPTED LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IN THE FOLLOWING CIRCUMSTANCES: (i) DAMAGE OR LOSS RESULTS FROM (A) INTENTIONAL, WILLFUL, WANTON OR RECKLESS MISCONDUCT OF YOU OR AN AUTHORIZED OPERATOR, (B) OPERATION OF THE CAR BY YOU OR AN AUTHORIZED OPERATOR WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAWS OF THE STATE IN WHICH THE LOSS OR DAMAGE OCCURS (IN CALIFORNIA, THE APPLICABLE LAW IS SECTION 23152 OF THE CALIFORNIA VEHICLE CODE), (C) YOU OR AN AUTHORIZED OPERATOR USING THE CAR TO TOW OR PUSH ANYTHING, OR (D) OPERATION OF THE CAR ON AN UNPAVED ROAD BY YOU OR AN AUTHORIZED OPERATOR IF THE DAMAGE OR LOSS IS A DIRECT RESULT OF THE ROAD OR DRIVING CONDITIONS; (ii) DAMAGE OR LOSS OCCURS WHILE THE CAR IS (A) USED FOR COMMERCIAL HIRE, (B) USED IN CONNECTION WITH CONDUCT THAT COULD BE PROPERLY CHARGED AS A FELONY, (C) INVOLVED IN A SPEED TEST OR CONTEST OR IN DRIVER TRAINING ACTIVITY, (D) OPERATED BY A PERSON OTHER THAN YOU OR AN AUTHORIZED OPERATOR, OR (E) OPERATED OUTSIDE OF THE UNITED STATES OR CANADA, UNLESS YOU HAVE FIRST OBTAINED SPECIFIC WRITTEN PERMISSION TO DO SO FROM THRIFTY, WHICH PERMISSION MAY BE WITHHELD IN THRIFTY’ SOLE DISCRETION; OR (iii) IF YOU OR ANY AUTHORIZED OPERATOR HAS (A) PROVIDED FRAUDULENT INFORMATION TO THRIFTY OR (B) PROVIDED FALSE INFORMATION AND THRIFTY WOULD NOT HAVE RENTED THE CAR IF IT HAD INSTEAD RECEIVED TRUE INFORMATION. FOR RENTALS COMMENCING IN IOWA, IF YOU HAVE ACCEPTED LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IN THE FOLLOWING CIRCUMSTANCES: (i) THE LOSS OR DAMAGE IS INTENTIONALLY CAUSED BY, OR IS A RESULT OF THE WILLFUL, ABUSIVE, RECKLESS OR WANTON MISCONDUCT OF, YOU OR AN AUTHORIZED OPERATOR; (ii) THE LOSS OR DAMAGE ARISES OUT OF THE OPERATION OF THE CAR BY YOU OR AN AUTHORIZED OPERATOR WHILE INTOXICATED OR UNDER THE INFLUENCE OF A DRUG; (iii) THE LOSS OR DAMAGE IS CAUSED WHILE YOU OR AN AUTHORIZED OPERATOR IS ENGAGED IN A RACE, TRAINING ACTIVITY, CONTEST OR USE OF THE CAR FOR AN ILLEGAL PURPOSE; (iv) THE RENTAL AGREEMENT IS BASED ON FALSE OR MISLEADING INFORMATION SUPPLIED BY YOU OR AN AUTHORIZED OPERATOR; (v) THE LOSS OR DAMAGE IS CAUSED BY OPERATING THE CAR OTHER THAN ON REGULARLY MAINTAINED HARD SURFACE ROADWAYS, INCLUDING PRIVATE DRIVEWAYS AND PARKING LOTS; (vi) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR TO TRANSPORT PERSONS OR PROPERTY FOR HIRE OR TO PUSH OR TOW ANYTHING; (vii) THE LOSS OR DAMAGE OCCURS WHILE THE CAR IS OPERATED BY A DRIVER OTHER THAN YOU OR AN AUTHORIZED OPERATOR; (viii) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR OUTSIDE THE UNITED STATES OR CANADA WITHOUT FIRST OBTAINING SPECIFIC WRITTEN PERMISSION FROM THRIFTY, WHICH PERMISSION MAY BE WITHHELD IN THRIFTY’ SOLE DISCRETION; OR (ix) THE LOSS OR DAMAGE IS ATTRIBUTABLE TO THEFT WHICH OCCURS WITH THE PRIOR KNOWLEDGE OR KNOWING PARTICIPATION OF YOU OR AN AUTHORIZED OPERATOR, OR WHICH IS ATTRIBUTABLE TO YOU OR AN AUTHORIZED OPERATOR LEAVING THE CAR UNATTENDED WITH THE KEYS IN THE CAR. FOR RENTALS COMMENCING IN MINNESOTA, IF YOU HAVE ACCEPTED LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IN THE FOLLOWING CIRCUMSTANCES: (i) YOU OR AN AUTHORIZED OPERATOR ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEATBELTS, USE WHEN OVERLOADED, CARRYING PERSONS OR PROPERTY FOR HIRE, OFF PAVED ROADS, OR LEAVING THE CAR AND FAILING TO REMOVE THE KEYS OR CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK AND THE CAR IS VANDALIZED OR STOLEN; (ii) THE DAMAGE OR LOSS DIRECTLY RESULTS FROM OPERATION OF THE CAR BY YOU OR AN AUTHORIZED OPERATOR WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ANY ILLEGAL DRUG AS DEFINED OR DETERMINED UNDER THE LAW OF THE STATE WHERE THE LOSS OR DAMAGE OCCURRED; (iii) THE DAMAGE OR LOSS DIRECTLY RESULTS FROM YOUR OR AN AUTHORIZED OPERATOR TOWING OR PUSHING ANYTHING WITH THE CAR; (iv) THE DAMAGE OR LOSS RESULTS WHILE THE CAR IS BEING USED FOR COMMERCIAL HIRE; (v) THE DAMAGE OR LOSS OCCURS OUT OF THE USE OF THE CAR WHILE COMMITTING OR OTHERWISE ENGAGED IN A CRIMINAL ACT IN WHICH THE CAR’S USAGE IS SUBSTANTIALLY RELATED TO THE NATURE OF THE CRIMINAL ACTIVITY (FOR THIS EXCLUSION TO APPLY, THE CRIMINAL ACTIVITY MUST BE CLASSIFIED AS A FELONY UNDER THE LAWS OF THE STATE WHICH THE CRIMINAL ACTIVITY OCCURS); (vi) THE DAMAGE OR LOSS OCCURS WHILE THE CAR IS INVOLVED IN A SPEED TEST OR SPEED CONTEST OR IN DRIVER TRAINING ACTIVITY; (vii) THE DAMAGE OR LOSS OCCURS WHILE THE CAR IS OPERATED OUTSIDE THE UNITED STATES OR CANADA, EXCEPT AS BLUE CHIPLY PERMITTED UNDER THIS AGREEMENT; (viii) THE DAMAGE OR LOSS OCCURS TO A CAR IF YOU PROVIDED FRAUDULENT OR FALSE INFORMATION AND THRIFTY WOULD NOT HAVE RENTED THE CAR IF IT HAD RECEIVED TRUE INFORMATION; OR (ix) THE DAMAGE OR LOSS OCCURS WHILE THE CAR IS OPERATED BY AN UNAUTHORIZED OPERATOR. FOR RENTALS COMMENCING IN NEVADA, IF YOU HAVE ACCEPTED LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IN THE FOLLOWING CIRCUMSTANCES: (i) DAMAGE OR LOSS RESULTING FROM (A) THE INTENTIONAL, WILLFUL, WANTON OR RECKLESS CONDUCT OF YOU OR AN AUTHORIZED OPERATOR, (B) OPERATION OF THE CAR BY YOU OR AN AUTHORIZED OPERATOR WHILE UNDER THE INFLUENCE OF DRUGS OR ALCOHOL IN VIOLATION OF THE LAWS OF THE STATE IN WHICH THE LOSS OR DAMAGE OCCURS (IN NEVADA, THE APPLICABLE LAW IS SECTION 484.379 OF THE NEVADA REVISED STATUTES), (C) YOU OR AN AUTHORIZED OPERATOR USING THE CAR TO TOW OR PUSH ANYTHING, OR (D) OPERATION OF THE CAR BY YOU OR AN AUTHORIZED OPERATOR ON AN UNPAVED ROAD IF THE DAMAGE OR LOSS IS A DIRECT RESULT OF THE ROAD OR DRIVING CONDITIONS; (ii) DAMAGE OR LOSS OCCURRING WHEN THE CAR IS (A) USED FOR HIRE, (B) USED IN CONNECTION WITH CONDUCT THAT CONSTITUTES A FELONY, (C) INVOLVED IN A SPEED TEST OR CONTEST OR IN DRIVER TRAINING ACTIVITY, (D) OPERATED BY A PERSON OTHER THAN YOU OR AN AUTHORIZED OPERATOR, OR (E) OPERATED OUTSIDE OF THE UNITED STATES OR CANADA, UNLESS YOU HAVE FIRST OBTAINED SPECIFIC WRITTEN PERMISSION TO DO SO FROM THRIFTY, WHICH PERMISSION MAY BE WITHHELD IN THRIFTY’ SOLE DISCRETION; OR (iii) IF THE CAR WAS RENTED AS A RESULT OF FRAUDULENT INFORMATION PROVIDED TO THRIFTY BY YOU OR AN AUTHORIZED OPERATOR, OR AS A RESULT OF FALSE INFORMATION PROVIDED TO THRIFTY BY YOU OR AN AUTHORIZED OPERATOR IF THRIFTY WOULD NOT HAVE RENTED THE CAR IF IT HAD RECEIVED TRUE INFORMATION. FOR RENTALS COMMENCING IN NEW YORK, IF YOU HAVE ACCEPTED LDW, THEN YOUR LDW WILL BE VOID AND YOU WILL BE RESPONSIBLE FOR LOSS OR DAMAGE TO THE CAR ONLY IN THE FOLLOWING CIRCUMSTANCES: (i) THE LOSS OR DAMAGE IS CAUSED INTENTIONALLY OR AS A RESULT OF WILLFUL, WANTON OR RECKLESS CONDUCT OF THE DRIVER; (ii) THE LOSS OR DAMAGE ARISES OUT OF THE DRIVER’S OPERATION OF THE CAR WHILE INTOXICATED OR IMPAIRED BY THE USE OF ALCOHOL OR DRUGS; (iii) THRIFTY ENTERED INTO THE RENTAL TRANSACTION BASED ON FRAUDULENT OR MATERIALLY FALSE INFORMATION SUPPLIED BY YOU OR AN AUTHORIZED OPERATOR; (iv) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR WHILE ENGAGED IN THE COMMISSION OF A CRIME OTHER THAN A TRAFFIC INFRACTION; (v) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR TO CARRY PERSONS OR PROPERTY FOR HIRE, TO PUSH OR TOW ANYTHING, WHILE ENGAGED IN A SPEED CONTEST, OPERATING OFF ROAD, OR FOR DRIVER’S TRAINING; (vi) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR BY A PERSON OTHER THAN YOU, AN AUTHORIZED OPERATOR, A DULY LICENSED PARENT OR CHILD OF YOURS OVER THE AGE OF 18 WHO PERMANENTLY RESIDES IN THE SAME HOUSEHOLD AS YOU, OR A PARKING VALET OR PARKING GARAGE ATTENDANT FOR COMPENSATION AND IN THE NORMAL COURSE OF EMPLOYMENT; (vii) THE LOSS OR DAMAGE ARISES OUT OF THE USE OF THE CAR OUTSIDE OF THE UNITED STATES OR CANADA WITHOUT FIRST OBTAINING SPECIFIC WRITTEN PERMISSION FROM THRIFTY, WHICH PERMISSION MAY BE WITHHELD IN THRIFTY’ SOLE DISCRETION; OR (viii) YOU OR AN AUTHORIZED OPERATOR HAS FAILED TO COMPLY WITH THE REQUIREMENTS FOR REPORTING DAMAGE OR LOSS AS SET FORTH IN SUBDIVISION 5 OF SECTION 396z OF THE NEW YORK GENERAL BUSINESS LAW. YOU MAY, AT THE COMMENCEMENT OF A RENTAL, BE GIVEN ADDITIONAL DISCLOSURES PERTINENT TO YOUR DECISION WHETHER TO PURCHASE OR DECLINE LDW IN THE JURISDICTION IN WHICH THE RENTAL COMMENCES. THESE ADDITIONAL DISCLOSURES MAY APPEAR ON YOUR RENTAL RECORD OR IN A SEPARATE NOTICE. YOU SHOULD READ THESE DISCLOSURES CAREFULLY PRIOR TO COMMENCEMENT OF THE RENTAL. IF YOU HAVE DECLINED LDW IN YOUR ENROLLMENT, YOU MAY NEVERTHELESS PURCHASE LDW FOR A SPECIFIC RENTAL BY ADVISING A THRIFTY REPRESENTATIVE OF YOUR DECISION AT THE COMMENCEMENT OF THE RENTAL AND HAVING THE REPRESENTATIVE REVISE THE RENTAL RECORD TO REFLECT YOUR ELECTION. LIKEWISE, IF YOU HAVE ACCEPTED LDW IN YOUR ENROLLMENT, YOU MAY ELECT TO DECLINE LDW FOR A SPECIFIC RENTAL BY OBTAINING A REVISED RENTAL RECORD/AGREEMENT FROM A THRIFTY REPRESENTATIVE AT THE COMMENCEMENT OF THE RENTAL. f. YOU GRANT THRIFTY A LIMITED POWER OF ATTORNEY TO PRESENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER. FOR RENTALS WHICH COMMENCE IN NEW MEXICO OR NEW YORK, IF SUCH COVERAGE EXISTS UNDER YOUR AUTOMOBILE INSURANCE POLICY, YOU MAY REQUIRE THAT THRIFTY SUBMIT ANY CLAIMS TO YOUR INSURANCE CARRIER AS YOUR AGENT. 5. PROHIBITED USE OF THE CAR NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY: a. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR; b. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR; c. TAKE OR ATTEMPT TO TAKE THE CAR INTO MEXICO OR TO ANYWHERE ELSE OUTSIDE OF THE UNITED STATES OR CANADA, EXCEPT AS BLUE CHIPLY PERMITTED UNDER THIS AGREEMENT; d. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE WHEN OVERLOADED, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, LEAVING THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK; e. USE OR PERMIT THE USE OF THE CAR BY ANYONE: 1. WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY; 2. FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND; 3. TO TOW OR PUSH ANYTHING; 4. IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION; 5. IN DRIVER TRAINING ACTIVITY; 6. TO CARRY PERSONS OR PROPERTY FOR HIRE (i.e., FOR A CHARGE OR FEE); 7. IF THE CAR HAS BEEN OBTAINED FROM THRIFTY BY FRAUD OR MISREPRESENTATION; OR 8. TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSES INCIDENTAL THERETO; f. FOR RENTALS IN HAWAII, TAKE OR ATTEMPT TO TAKE THE CAR OFF THE ISLANDS OF HAWAII; AND g. FOR RENTALS IN PUERTO RICO OR ST. THOMAS, TAKE OR ATTEMPT TO TAKE THE CAR OFF THE ISLAND OF RENTAL. ANY USE OF THE CAR IN A MANNER PROHIBITED ABOVE: i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE ACCEPTED LDW; ii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ALL PERSONAL ACCIDENT INSURANCE (“PAI”) AND PERSONAL EFFECTS COVERAGE (“PEC”), LIABILITY INSURANCE SUPPLEMENT (“LIS”) COVERAGE, EMERGENCY SICKNESS PROTECTION AND LIABILITY PROTECTION PROVIDED BY THRIFTY UNDER THIS AGREEMENT; AND iii. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO THRIFTY CAUSED BY THE BREACH, TOGETHER WITH THRIFTY’ RELATED COSTS AND ATTORNEYS’ FEES. 6. PAYMENT OF CHARGES You and any person, corporation or other entity to whom, with Thrifty’ consent, You Blue Chiply direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all Charges. If You direct Charges to be billed to any person, corporation or other entity, You represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check (or cheque) used for payment of Charges that is returned to Thrifty unpaid or for any credit, charge, debit or stored value/prepaid/gift card charges which are not honored by the card issuer. Payment for all Charges is due at the completion of the rental in cash or by a credit card, charge card, debit card or other device acceptable to Thrifty; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit /check card at the commencement of the rental and to agree to permit Thrifty to bill Charges to that card. By providing a form of payment, You authorize Thrifty to perform a check on Your credit and/or other data sources that identify any risk associated with a rental of the Car by You. Thrifty may decline to rent based on this information. Stored value/prepaid/gift cards are not, and debit cards may not be, acceptable to qualify for rental, but both types of cards may be used for payment at return. Charges not known to Thrifty at the completion of the rental are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the first credit, charge or debit card specified in Your Enrollment which had available credit or funds at the time of rental (or against the first credit, charge or debit card specified in Your Enrollment which has sufficient available credit or funds to cover all charges at the time of billing), even if cash, another credit, charge or debit card or stored value/prepaid/gift card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift card is governed by the terms of Your agreement with the card issuer. YOU AUTHORIZE THRIFTY TO (1) AT THE TIME OF RENTAL, RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE ISSUER OF THE FIRST CREDIT, CHARGE OR DEBIT CARD SPECIFIED IN YOUR ENROLLMENT WHICH HAS AVAILABLE CREDIT OR FUNDS, IN AN AMOUNT THAT IS GREATER THAN THE ESTIMATED CHARGES,EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN AND (2) PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST THAT CARD (OR AGAINST THE FIRST CARD SPECIFIED IN YOUR ENROLLMENT WHICH HAS SUFFICIENT AVAILABLE CREDIT OR FUNDS TO COVER ALL CHARGES AT THE TIME OF BILLING) FOR ALL ACTUAL CHARGES (INCLUDING BUT NOT LIMITED TO CHARGES FOR DAMAGE TO THE CAR, WHERE PERMITTED BY LAW) AT OR FOLLOWING THE COMPLETION OF THE RENTAL. IF A DEBIT CARD IS SPECIFIED IN YOUR ENROLLMENT OR IS USED TO QUALIFY FOR A RENTAL, THRIFTY WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER THRIFTY RECEIVES AN AUTHORIZATION AT THE COMMENCEMENT OF THE RENTAL, IF THE AUTHORIZATION EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL. THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. Thrifty may audit all Charges. If any errors are found, You will pay the corrected Charges. If payment was by credit, charge or debit card, You authorize Thrifty to correct the Charges with the card issuer. Thrifty will notify You of any correction. Thrifty may from time to time issue prepaid vouchers, coupons or credits represented either by documents or by entries in Thrifty’ records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. You must advise Thrifty when You make the reservation of Your intended use of a Voucher. Vouchers are to be submitted at the time that the Car is returned to Thrifty. Charges not covered by the Voucher, including Charges for optional services which You have selected in Your Enrollment, will be processed against the first credit, charge or debit card listed in Your Enrollment which has available credit or funds. Thrifty shall have no duty to issue Vouchers. Restrictions on the use of Vouchers may apply. 7. COMPUTATION OF CHARGES a. TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME, OR RETURN TO A LOCATION DIFFERENT FROM WHAT WAS SCHEDULED. LATE RETURNS BEYOND 30 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAY CHARGES., As stated in paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, THRIFTY’ OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. b. MILEAGE/KILOMETERAGE CHARGES, including those for extra miles/kilometers, if any, are based on the per mile/kilometer rate specified on the Rental Record. The number of miles/kilometers driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles/kilometers. The per mile/kilometer rate is then multiplied by the number of miles/kilometers driven or, in the case of extra miles/kilometers, by the number of miles/kilometers in excess of the number of miles/kilometers allowed, as specified on the Rental Record. The result is the mileage/kilometerage Charge. c. A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented. Any change to Your reservation may impact the rental charges and rate. Rental charges may be higher if You make any change to Your rental, including a change to extend the rental, the drop-off location or return the Car prior to the scheduled return date. d. LDW, PAI/PEC, ESP, and LIS, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Record or as otherwise required by applicable law. f. TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING, TRAFFIC AND TOLL VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUNDMENT FEES AND ALL TICKETS CHARGED TO THE CAR, ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR. You authorize Thrifty to release Your billing/rental information and charge or debit card information or billing account information and information regarding Your rental to American Traffic Solutions, Inc. and PlatePass, LLC, for the exclusive purpose of processing and billing for unpaid toll occurrences, and any violations, fines, penalties, and fees (and for PlatePass services, if utilized). You also agree to indemnify Thrifty and/or American Traffic Solutions, Inc. and PlatePass, LLC, if they pay same. You agree to pay, upon billing, applicable administrative fees related to the cost of paying for such toll occurrences or toll, parking or traffic violations and the cost of providing information about You to a court or governmental agency for each unpaid toll occurrence and each toll, parking or other citation incurred during Your rental. You further understand that Thrifty, American Traffic Solutions, Inc. and/or PlatePass, LLC may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency or court responsible for issuing or enforcing unpaid toll occurrences and toll, parking,or other citations that You incur during Your rental. For rentals in Hawaii, the amount of the administrative fee which You will be charged if Thrifty or American Traffic Solutions, Inc. is required to pay for such an infraction or toll occurrence is up to $29.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges. e. RECOVERY EXPENSE consists of all costs of any kind incurred by Thrifty in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs. f. COLLECTION EXPENSE consists of all costs of any kind incurred by Thrifty in collecting Charges from You or the person to whom they are billed, including, but not limited to, all attorneys’ fees and court costs. g. LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Thrifty’ mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with Thrifty. h. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Thrifty resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission. i. CHARGES FOR ADDITIONAL SERVICES, such as an incar navigation system and infant and toddler car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day. j. EARLY RETURN FEE of $25 will be applied if You return the Car more than 24 hours before the date and time previously scheduled, and You failed to notify us more than 24 hours in advance of such change by calling Thrifty at 1-877-283-0898. This Fee will be applied in addition to any change in rental rate that occurs as a result of reducing Your rental timeframe. k. LATE RETURN FEE of $16 per day, up to a maximum of $80, will be applied if You return the Car more than 12 hours after the date and time previously scheduled, and You failed to notify us of such change more than 24 hours prior to Your scheduled return time by calling 1-877-283-0898. This Fee will be applied in addition to any change in rental rate that occurs as a result of extending Your rental. l. RETURN CHANGE FEE of $10 will be applied if You return the Car to a different location from that which was scheduled, or if you return more than 24 hours before or 12 hours after the date and time previously scheduled, and You notify us of an early return or return location change more than 24 hours in advance of an applicable return, or for an extension of Your rental, notify Us by the return date and time previously scheduled. This fee will be applied in addition to any increase in rate that may occur as a result of changing the drop off location or the timeframe of Your rental. m. ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day. n. LOST KEYS/KEY FOBS/LOCKOUTS If You lose the keys/key fob to the Car, Thrifty may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Thrifty location. If You lock the keys/key fob in the Car and request assistance from Thrifty, Thrifty may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Thrifty location. o. LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS or NeverLost units, Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, You must notify Thrifty, and You will be responsible for replacement, delivery, and administrative costs. p. Charges will continue to accrue until the Car is returned to Thrifty or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to Thrifty. 8. REFUELING OPTIONS A. FOR RENTALS IN THE UNITED STATES. Most Thrifty rentals come with a full tank of gas, but that is not always the case. The refueling options are: 1. IF YOU DO NOT PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay a charge for fuel. a. For rentals from select locations: IF YOU DRIVE 75 MILES OR LESS, as determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles, YOU MUST PRODUCE A RECEIPT AT THE TIME OF RETURN INDICATING THAT FUEL WAS PURCHASED SO THAT THE CAR IS RETURNED WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT. If You drive 75 miles or less and You do not produce such a receipt at the time of return, You will be charged the ≤75 mile Fuel and Service Charge at the rate specified on the Rental Record, to the extent permitted by law. 2. IF YOU DO NOT PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Thrifty will charge You a Fuel and Service Charge at the applicable permile/kilometer or pergallon rate specified on the Rental Record. However, for rentals from select locations, if You drive the car 75 miles or less You will be charged the ≤75 mile Fuel and Service Charge at the rate specified on the Rental Record, to the extent permitted by law. a. The permile/kilometer rate is used if You do not buy fuel during the rental. To calculate this amount, Thrifty multiplies the number of miles driven as shown on the car’s odometer, times the per mile/kilometer rate shown on the Rental Record. b. The pergallon rate is used if You buy fuel during the rental but the tank is not as full when You return the Car as when You received it. To calculate this amount Thrifty multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the pergallon rate. ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER MILE/KILOMETER AND PERGALLON RATES PRODUCE APPROXIMATELY THE SAME RESULT. 3. IF YOU CHOOSE TO PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except in the following cases: a. For rentals in Hawaii, if You return the Car with a full tank of fuel, You will receive a credit for the amount previously charged for the purchase of fuel from Thrifty. b. If You drive the Car 75 miles or less from select locations, You will receive credit for the amount previously charged for the purchase of fuel from Thrifty and will be charged the ≤75 mile Fuel and Service Charge at the rate specified on the Rental Record, to the extent permitted by law. EXCEPT FOR RENTALS AS TO WHICH CLAUSE (a) OR (b) OF SUBPARAGRAPH 8.(A)(3) BECOMES APPLICABLE, THE PERGALLON COST OF THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN FUEL AND SERVICE CHARGE, BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT THE LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN. A. FOR RENTALS IN CANADA. Most Thrifty rentals come with a full tank of gas, but that is not always the case. There are three refueling options: 1. IF YOU DO NOT PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay a charge for fuel. 2. IF YOU DO NOT PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Thrifty will charge You a Fuel and Service Charge at the applicable permile/kilometer or pergallon rate specified on the Rental Record. a. The permile/kilometer rate is used if You do not buy fuel during the rental. To calculate this amount, Thrifty multiplies the number of miles driven as shown on the car’s odometer, times the per mile/kilometer rate shown on the Rental Record. b. The pergallon rate is used if You buy fuel during the rental but the tank is not as full when You return the Car as when You received it. To calculate this amount Thrifty multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the pergallon rate. ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER MILE/KILOMETER AND PERGALLON RATES PRODUCE APPROXIMATELY THE SAME RESULT. IF YOU CHOOSE TO PURCHASE FUEL FROM THRIFTY AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except if You drive the Car 100 miles or less and return it with less than a full tank of fuel, You will receive credit for the amount previously charged for the purchase of fuel from Thrifty and will be charged for the fuel used at the permile/kilometer rate shown on the Rental Record, but only if this will reduce the amount You pay for fuel. EXCEPT FOR RENTALS AS TO WHICH SUBPARAGRAPH 8.(B)(3) BECOMES APPLICABLE, THE PERGALLON COST OF THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN FUEL AND SERVICE CHARGE, BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT THE LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN. 9. ARBITRATION PROVISION THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN US MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND THE RESPECTIVE HERTZ COMPANY IDENTIFIED ON PAGE ONE OF THIS DOCUMENT (HEREINAFTER "THRIFTY") EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and Thrifty remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or Thrifty may commence an arbitration by providing a written demand for arbitration to the other (to Thrifty, 8501 Williams Road, Estero, FL 33928, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, Thrifty will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT no.arbitration@Thrifty.com OR BY MAIL TO Thrifty, 8501 Williams Road, Estero, FL 33928, Attn: Legal Department. Include Your name, address, reservation ID number or Rental Agreement number (if provided), and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Thrifty of Your decision to opt out of arbitration, You do not need to do so again. 10. RESPONSIBILITY FOR PROPERTY YOU AGREE THAT THRIFTY IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY THRIFTY’ NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST THRIFTY, ITS AGENTS OR EMPLOYEES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY THRIFTY VEHICLE OR BROUGHT ON THRIFTY’ PREMISES, CAUSED BY YOU OR ANY AUTHORIZED OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY THRIFTY’ NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD THRIFTY HARMLESS FROM ANY CLAIM AGAINST THRIFTY FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT. 11. LIABILITY PROTECTION THE FOLLOWING SUBPARAGRAPH (a) APPLIES TO RENTALS ANYWHERE IN THE UNITED STATES IF THE PROVISIONS OF YOUR CDP NUMBER OR RATE PLAN INCLUDE THE EXTENSION BY THRIFTY OF LIABILITY PROTECTION. SUBPARAGRAPH (a) ALSO APPLIES TO RENTALS COMMENCING IN THOSE U.S. JURISDICTIONS WHICH HAVE LAWS WHICH REQUIRE THAT CAR RENTAL COMPANIES PROVIDE PRIMARY LIABILITY PROTECTION; AS OF JANUARY 1, 2016, U.S. JURISDICTIONS IN WHICH CAR RENTAL COMPANIES ARE REQUIRED TO PROVIDE PRIMARY LIABILITY PROTECTION INCLUDE, MARYLAND, MASSACHUSETTS, MICHIGAN, NEW YORK, SOUTH CAROLINA, VIRGINIA ,WEST VIRGINIA AND ST. THOMAS. a. WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, THRIFTY WILL INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY OTHER AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, WHICH BY DEFINITION EXCLUDES ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, FOR BODILY INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION, INCLUDING OWNER’S LIABILITY, ARE THE SAME AS THE MINIMUM LIMITS REQUIRED BY THE AUTOMOBILE FINANCIAL RESPONSIBILITY LAW OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS, UNLESS HIGHER LIMITS APPLY FOR THE CDP NUMBER OR RATE PLAN SHOWN ON THE RENTAL RECORD. THESE LIMITS MAY NOT BE ADEQUATE TO FULLY COVER YOUR LIABILITY IN THE EVENT THAT YOU ARE INVOLVED IN AN ACCIDENT. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, THRIFTY AND YOU HEREBY WAIVE AND REJECT THE INCLUSION OF ANY SUCH PROTECTION. If such protection is imposed by operation of law, then the limits of such protection will be the minimum required for primary liability protection by the law of the jurisdiction in which the accident occurs. Thrifty warrants that the protection described in this subparagraph is primary with respect to any insurance coverage which You or an Authorized Operator may have.TO THE EXTENT PERMITTED BY LAW, THRIFTY’ DEFENSE OBLIGATIONS TO YOU OR ANY AUTHORIZED OPERATOR HEREUNDER SHALL CEASE AFTER THE APPLICABLE LIMITS OF LIABILITY PROTECTION ARE TENDERED OR EXHAUSTED. b. THE FOLLOWING SUBPARAGRAPH (b) APPLIES FOR ALL RENTALS IN THE UNITED STATES OTHER THAN THOSE NOTED IN SUBPARAGRAPH (a) IF YOU DO NOT PURCHASE LIABILITY INSURANCE SUPPLEMENT (LIS) (A SUMMARY OF LIS COVERAGE APPEARS BELOW) AT THE COMMENCEMENT OF THE RENTAL AND AN ACCIDENT RESULTS FROM THE USE OF THE CAR, YOUR INSURANCE AND THE INSURANCE OF THE OPERATOR OF THE CAR WILL BE PRIMARY. WHERE PERMITTED BY LAW, THRIFTY DOES NOT PROVIDE ANY THIRD-PARY LIABILITY PROTECTION COVERING THIS RENTAL. YOU AGREE THAT YOU AND YOUR INSURANCE COMPANY WILL BE RESPONSIBLE FOR HANDLING, DEFENDING AND PAYING ALL THIRD-PARTY CLAIMS FOR BODILY INJURY, INCLUDING DEATH OR PROPERTY DAMAGE CAUSED BY OR ARISING FROM THE USE OR OPERATION OF THE CAR DURING THE RENTAL (THIRD-PARTY CLAIMS). YOU REPRESENT AND WARRANT THAT YOUR INSURANCE IS SUFFICIENT TO SATISFY THE MINIMUM APPLICABLE FINANCIAL RESPONSIBILITY LIMITS REQUIRED BY LAW. IN THE EVENT OF AN ACCIDENT, YOU WILL PROVIDE PROOF OF FINANCIAL RESPONSIBILITY AS REQUIRED BY LAW. YOU AGREE TO INDEMNIFY AND HOLD THRIFTY HARMLESS FROM AND AGAINST, AND WILL DEFEND THRIFTY AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL PLUS COSTS AND ATTORNEYS’ FEES. UNLESS REQUIRED BY LAW, THRIFTY DOES NOT PROVIDE ANY “UNINSURED” OR “UNDERINSURED” MOTORIST PROTECTION, PHYSICAL DAMAGE PROTECTION FOR THE CAR, “NO-FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THE RENTAL AND THRIFTY AND YOU HEREBY WAIVE AND REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF SUCH PROTECTION. WHERE THRIFTY IS REQUIRED BY LAW TO PROVIDE ANY PROTECTION IN SPITE OF THIS AGREEMENT, SUCH PROTECTION SHALL BE SECONDARY OVER AND ABOVE ANY OTHER POLICIES (WHETHER PRIMARY OR EXCESS) IN AN AMOUNT NOT TO EXCEED THE MINIMUM STATUTORY FINANCIAL RESPONSIBILITY LIMITS OF THE JURISDICTION IN WHICH THE ACCIDENT OCCURS. THRIFTY MAY PROVIDE SUCH LIABILITY PROTECTION UNDER A CERTIFICATE OF SELF-INSURANCE OR AN INSURANCE POLICY. . FOR RENTALS COMMENCING IN FLORIDA: Florida law requires Thrifty’ liability protection and personal injury protection to be primary unless otherwise stated. Therefore, Thrifty hereby informs You that the valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss.324.021 (7) and 627.736, Florida statutes, unless Your CDP number or rate plan includes the extension by Thrifty of liability protection or You accept the optional LIS. Primary insurance means that, in the event of a covered loss, Your insurance or that of the Authorized Operator would be responsible for the payment of personal injury or property damage claims up to the limits of that insurance. c. FOR RENTALS COMMENCING IN CANADA, THRIFTY WILL, WITHIN THE LIMITS STATED IN THIS SUBPARAGRAPH, INDEMNIFY, HOLD HARMLESS, AND DEFEND YOU AND ANY AUTHORIZED OPERATORS FROM AND AGAINST LIABILITY TO THIRD PARTIES, EXCLUDING ANY OF YOUR OR ANY AUTHORIZED OPERATORS’ FAMILY MEMBERS RELATED BY BLOOD, MARRIAGE OR ADOPTION RESIDING WITH YOU OR THEM, IF THE ACCIDENT RESULTS FROM THE USE OF THE CAR AS PERMITTED BY THIS AGREEMENT. THE LIMITS OF THIS PROTECTION ARE A COMBINED SINGLE LIMIT OF CAN$1,000,000 FOR BODILY INJURY AND PROPERTY DAMAGE. THIS PROTECTION WILL CONFORM TO THE BASIC REQUIREMENTS OF ANY APPLICABLE MANDATORY “NO FAULT” LAW BUT DOES NOT INCLUDE “UNINSURED MOTORIST,” “UNDERINSURED MOTORIST,” “SUPPLEMENTARY NO FAULT” OR ANY OTHER OPTIONAL COVERAGE. TO THE EXTENT PERMITTED BY LAW, THRIFTY AND YOU HEREBY REJECT THE INCLUSION OF ANY SUCH COVERAGE. If such coverage is imposed by operation of law for the benefit of persons other than You or any Authorized Operators, then the limits of such coverage will be the minimum required by the law of the jurisdiction in which the accident occurs. Thrifty warrants that the protection described in this subparagraph will be provided in accordance with its lawful requirements in the jurisdiction in which the accident occurs. To the extent permitted by applicable law, the protection described in this subparagraph will be secondary to Your insurance and the insurance of the operator of the Car. d. YOU AND ALL OPERATORS WILL INDEMNIFY AND HOLD THRIFTY, ITS AGENTS, EMPLOYEES AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, LIABILITY, CLAIM, DEMAND, CAUSE OF ACTION, ATTORNEYS’ FEES AND EXPENSE OF ANY KIND (A “LOSS”) , ARISING FROM THE USE OR POSSESSION OF THE CAR BY YOU OR ANY OTHER OPERATOR(S) WITH YOUR, HIS OR HER PERMISSION, INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES INCURRED BY THRIFTY TO ENFORCE ANY OF ITS RIGHTS HEREUNDER, UNLESS SUCH LOSS ARISES OUT OF THRIFTY’ SOLE NEGLIGENCE. FOR RENTALS COMMENCING IN MICHIGAN: Under Michigan law, Thrifty is liable for an injury caused by the negligent operation of the Car only up to a maximum amount of US$20,000 because of bodily injury or death of one person in any one accident and US$40,000 because of bodily injury or death of two or more persons in any one accident, and only if the injury occurred while the Car was being operated by You, Your spouse or another Authorized Operator, or Your parent, sibling, child or other immediate family member. You may be liable to Thrifty up to the maximum amounts specified in the preceding sentence and to an injured person for amounts awarded in excess of those maximum amounts. e. FOR RENTALS COMMENCING IN PENNSYLVANIA, YOU ARE REJECTING UNINSURED MOTORIST COVERAGE UNDER THIS AGREEMENT, AND ANY POLICY OF INSURANCE OR SELFINSURANCE ISSUED UNDER THIS AGREEMENT, FOR YOU AND ALL OTHER PASSENGERS OF THE VEHICLE. UNINSURED MOTORIST COVERAGE PROTECTS YOU AND OTHER PASSENGERS IN THE VEHICLE FOR LOSSES AND DAMAGES SUFFERED IF INJURY IS CAUSED BY THE NEGLIGENCE OF A DRIVER WHO DOES NOT HAVE ANY INSURANCE TO PAY FOR LOSSES AND DAMAGES. IF YOU ARE INVOLVED IN AN ACCIDENT IN COLORADO, THRIFTY WILL PROVIDE BASIC NOFAULT AND SUPPLEMENTAL NOFAULT PERSONAL INJURY PROTECTION BENEFITS AS PRESCRIBED BY COLORADO LAW, SUBJECT TO AN AGGREGATE LIMIT OF US$200,000 FOR BODILY INJURY, INCLUDING DEATH, TO ANY ONE PERSON. f. The Car may not be driven into Mexico without first obtaining specific written permission from Thrifty, which permission may be withheld in Thrifty’ sole discretion. If permitted, You must first obtain through Thrifty insurance valid in Mexico. Thrifty does not provide any liability protection with this Agreement while a Car is in Mexico. 12. ACCIDENTS, THEFT AND VANDALISM You must promptly and properly report any accident, theft or vandalism involving the Car to the Renting Company and to the police in the jurisdiction in which such incident takes place. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Thrifty. You and any Authorized Operators must cooperate fully with Thrifty’ investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION, PAI/PEC, LIS, ESP AND LDW. You and any Authorized Operators authorize Thrifty to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction. 13. LIMITS ON LIABILITY Thrifty will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement. 14. DADE COUNTY WAIVER a. Unless waived, a renter in MiamiDade County must be furnished a countyapproved visitor information map. These maps are generally furnished at all Thrifty locations in Dade County. Each renter must either acknowledge receipt of the map at the commencement of each rental or waive his or her right to receive the map. By accepting these North American Terms, You waive Your right to receive such a map. 15. OPTIONAL SERVICES; CAR CLASS Except as provided below, for all rentals using the Program, You have requested the optional services (where available) and car class which You have elected on Your Enrollment (as such elections may have been modified from time to time by written notice to Your Enrolling Company or through our Internet website). You may select different optional services for a rental at the commencement of the rental; in order to select different optional services at the commencement of the rental, You must advise a Thrifty representative of Your decision at the commencement of the rental and have the representative revise the Rental Record to reflect Your elections. You may select a different car class at the time that You make Your reservation. As of January 1, 2016, the classes of Cars which are generally available (subject in all cases to local availability) for rentals in the U.S. and Canada using the Program include Compact, MidSize, FullSize 4Door, Sporty 2Door, Premium, Luxury and SUV. Depending upon local availability, specialty vehicles such as minivans and convertibles may be rented using the Program by request at the time You make Your reservation. SUMMARY OF OPTIONAL SERVICES AVAILABLE FOR RENTALS IN THE UNITED STATES AND CANADA THIS IS A SUMMARY ONLY AND IS SUBJECT TO ALL OF THE PROVISIONS, LIMITATIONS AND EXCEPTIONS OF THE APPLICABLE LIABILITY INSURANCE SUPPLEMENT, UNINSURED MOTORIST PROTECTION, PERSONAL ACCIDENT INSURANCE AND PERSONAL EFFECTS COVERAGE AND EMERGENCY SICKNESS PROTECTION INSURANCE POLICIES (WHICH ARE AVAILABLE FOR INSPECTION AT THE CORPORATE OFFICE), AND THIS AGREEMENT. SINCE RENTALS FROM DIFFERENT LOCATIONS ARE COVERED BY DIFFERENT POLICIES, YOU SHOULD STATE THE LOCATION FROM WHICH THE CAR WILL BE RENTED WHEN REQUESTING A COPY OF A POLICY. FOR INFORMATION REGARDING THE OPTIONAL LOSS DAMAGE WAIVER, WHICH IS NOT INSURANCE, SEE SUBPARAGRAPHS 4.d, 4.e, 4.f AND 7.d OF THESE NORTH AMERICAN TERMS. THIS SUMMARY IS AS OF JANUARY 1, 2016. OPTIONAL SERVICES OFFERED, COVERAGES, LIMITS, EXCLUSIONS, OTHER FEATURES AND PRICES ARE ALL SUBJECT TO CHANGE WITHOUT NOTICE. The insurance policies offered by Thrifty (LIS, PAI/PEC and ESP) may provide a duplication of coverage already provided by a renter’s personal automobile insurance policy, homeowner’s insurance policy, personal liability policy, or by another source of coverage. The purchase of these kinds of coverage is not required in order to rent a Car. FOR RENTALS COMMENCING IN MARYLAND: You may not need the automobile insurance offered by Thrifty. Your automobile insurance policy may provide coverage for Your liability while operating a rental vehicle. You should check the terms and conditions of Your automobile insurance policy to determine if coverage is provided for this rental. The purchase of insurance is not required as a condition of renting an automobile. In addition, if You are driving this rental vehicle due to an accident or repairs, state law may require Your personal automobile liability policy to provide coverage and purchase of any excess liability coverage may duplicate coverage required by law to be provided by the owner of the rental vehicle. FOR RENTALS COMMENCING IN TEXAS: You may not need the automobile liability insurance offered by us. Your Texas automobile policy provides coverage for Your liability while operating a rental vehicle. Automobile policies issued in other states or countries may also duplicate this coverage. The purchase of LIS is not required as a condition of renting a Car. This insurance does not apply to any bodily injury or property damage arising out of the use or permitting the use of a rental vehicle by any driver while under the influence of drugs or alcohol in violation of law. LIABILITY INSURANCE SUPPLEMENT (LIS) SUMMARY OF COVERAGE (Available on rentals in the United States only) COVERAGE If You elect to purchase LIS, coverage will be provided to You and any Authorized Operators under an excess automobile liability insurance policy issued to DTG Operations, Inc. or the independent Thrifty licensee from which You rent the Car. As of January 1, 2012, the excess automobile liability insurance policies issued to DTG Operations, Inc. are issued by ACE American Insurance Company or AmeriGuard Risk Retention Group, Inc. LIMITS LIS provides protection from third-party automobile liability claims for the difference between the liability protection limits provided under paragraph 10 of these North American Terms and a maximum combined single limit of One Million (US$1,000,000) Thriftys for bodily injury, including death, and property damage. , In Colorado, New York and Puerto Rico, LIS also provides uninsured and underinsured motorists coverage for bodily injury and property damage, if applicable, for the difference between the statutory minimum underlying limits and US$1,000,000 limit of insurance for each accident; however, this coverage is not currently provided when the Renting Company is a Thrifty licensee for rentals in those states where such coverage is not mandatory. EXCLUSIONS All exclusions, including claims arising from use of the Car as prohibited by this Agreement and claims by any of Your or any Authorized Operator’s family members related by blood, marriage or adoption who resides with You or the Authorized Operator, are set forth in the applicable policy, a copy of which is available at the corporate office. HOW TO OBTAIN/DECLINE COVERAGE If You indicate You “Accept” LIS in Your Enrollment, coverage will be provided during the rental period for each Program rental which You make in the United States (including Puerto Rico and St. Thomas). As of January 1, 2016,the daily Charge for this optional coverage is US$17.95 or less per day, but the Charge is subject to change without notice. THE CHARGE AT THE TIME YOU RENT WILL APPEAR ON THE RENTAL RECORD. Such daily Charge is due for each full or partial rental day. Your Rental Record may contain additional disclosures pertinent to Your decision whether to accept or decline LIS in the jurisdiction in which the rental commences. YOU SHOULD READ THESE DISCLOSURES CAREFULLY AT THE COMMENCEMENT OF THE RENTAL. If You have declined LIS in Your Enrollment, You may nevertheless accept LIS for a specific rental by advising a Thrifty representative of Your decision at the commencement of the rental and having the representative revise the Rental Record to reflect Your election. Likewise, if You have accepted LIS in Your Enrollment, You may elect to decline LIS for a specific rental by obtaining a revised Rental Record from a Thrifty representative at the commencement of the rental. At certain locations, Thrifty may offer LIS coverage with higher limits. THIS EXTENDED LIMIT OF LIS COVERAGE, WHEN AVAILABLE, MAY ONLY BE SELECTED AT TIME OF RENTAL AT A HIGHER DAILY CHARGE. NOTICE OF CLAIM If You have purchased LIS, LIS coverage will automatically attach to a claim once You have properly reported the accident in accordance with paragraph 11 of the North American Terms. PERSONAL ACCIDENT INSURANCE (PAI) AND PERSONAL EFFECTS COVERAGE (PEC) SUMMARY OF COVERAGES (Available on rentals in the United States and Canada) HOW TO OBTAIN PAI/PEC COVERAGE If You indicate You “Accept” PAI/PEC in Your Enrollment, coverage will be provided during the rental period of each Program rental in the U.S. and Canada. Please note that PAI and PEC are not available separately and may only be taken in combination. As of January 1, 2016, the Daily Charge for optional PAI/PEC coverage is US$6.99 or less in the U.S. and CAN$7.95 in Canada, but the Charge is subject to change without notice. The Charge at the time You rent will appear on the Rental Record. Such Charge is due in full for each full or partial rental day. Coverage will be provided under a policy issued to the Renting Company (as identified on the Rental Record). As of January 1, 2016, for rentals commencing at facilities operated by DTG Operations, Inc., in the United States, the policy under which PAI/PEC coverage will be provided is issued to DTG Operations, Inc.by ACE American Insurance Company. PERSONAL ACCIDENT INSURANCE (PAI): COVERAGE AND BENEFITS For rentals in the United States, the PAI policies provide coverage for death directly caused by an accident independent of all other causes. The renter will be covered for any such accident during the rental period; passengers will also be covered, but only for accidents occurring while in, entering, or exiting the Car. Benefits in the include death benefits of US$175,000 for the renter and US$17,500 per passenger; PAI also provides limited coverage for medical expenses (benefits are limited to $2500 ($3500 in New York)) and ambulance expense (benefits are limited to $250 ($150 in New York))n most parts of the U.S., total benefits for any one accident are limited to US$225,000. For rentals in Canada, the PAI policy provides coverage for accidental death and/or dismemberment caused by an accident. The death benefit is CAN$100,000 for the renter and CAN$10,000 per passenger; dismemberment benefits are paid in accordance with a schedule of benefits specified in the policy. The renter will be covered for any such accident during the rental period; limited benefits are also payable to passengers who may be injured in an accident but only while they are occupants of the Car. These benefits are payable without regard to any other benefits which may be due under any other insurance policy. Coverage in both the U.S. and Canada is subject to various exclusions, terms and conditions. EXCLUSIONS In most parts of the United States, PAI insurance excludes coverage for injury or death resulting from use of the Car in violation of this Agreement and also for injury or death which: (a) is intentionally self-inflicted; (b) results from aircraft travel; (c) results from committing or attempting to commit an assault or felony; (d) results from intoxicants or narcotics unless administered on the advice of a physician (in Canada, this exclusion applies regardless of being administered on the advice of a physician); or (e) results from suicide or attempted suicide while sane or insane. DIFFERENT EXCLUSIONS MAY APPLY FOR RENTALS IN CANADA AND FROM INDEPENDENT LICENSEE LOCATIONS IN THE UNITED STATES. NOTICE OF CLAIM In the event of any occurrence likely to result in a claim for PAI benefits, immediate written notice should be given to the Renting Company. Thrifty will provide You with a claim form and the address of the insurance company which is providing coverage. You will have to submit the claim form to the insurance company together with Your Rental Record. PERSONAL EFFECTS COVERAGE (PEC): COVERAGE For rentals commencing in the United States, coverage is provided for loss of or damage to covered personal effects owned by any covered persons while such personal effects are in transit or in any hotel or other building en route during a trip using the Car. For rentals commencing in Canada, coverage is provided only while such effects are in the Car. COVERED PERSONS For rentals commencing in the United States, You and members of Your immediate family traveling with You during a trip using the Car who permanently reside in the same household with You are covered, if You accept PAI/PEC. For rentals commencing in Canada, You and any persons travelling with You are covered up to a maximum of three people in total. LIMITS OF LIABILITY Maximum coverage during each rental period is US$600 in most parts of the U.S. for each covered person. In Canada, the maximum coverage during each rental period is CAN$500 per covered person up to a maximum of three persons, after a deductible of CAN$25 per covered claim. Total benefits in any rental period are limited to US$1,800 in most parts of the U.S. and CAN$1,500 in Canada. In New York State, the maximum coverage is US$500 for each covered person, per occurrence, and the total benefits in any rental period is limited to US$1,500. EXCLUSIONS The following personal effects are not covered for rentals from rental facilities operated by The Thrifty Corporation in the U.S.: animals, automobiles, automobile equipment, motorcycles, boats, motors or other conveyances, household furniture, contact lenses, artificial teeth and limbs, currency, coins, deeds, bullion, stamps, securities, tickets, documents and perishables. (THESE EXCLUSIONS MAY VARY FOR RENTALS IN CANADA AND FOR RENTALS FROM INDEPENDENT LICENSEE LOCATIONS IN THE UNITED STATES.) Any loss of or damage to personal effects caused by mysterious disappearance or use of the Car in violation of the Agreement is not covered. Benefits are not payable for delay, loss of market, indirect or consequential losses or damages of any kind. NOTICE OF CLAIM In the event of any occurrence likely to result in a claim for PEC benefits, immediate written notice should be given to the Renting Company. Thrifty will provide You with a claim form and the address of the insurance company which is providing coverage. EMERGENCY SICKNESS PROTECTION (Available on rentals in the United States) EMERGENCY SICKNESS PROTECTION (ESP) ESP is available at select locations to non-U.S. citizen renters who possess valid non-U.S. passports at the time of rental. ESP provides certain medical benefits for some sicknesses that may occur during rental periods of thirty days or less for the renter and non-U.S. persons traveling with the renter. Benefits include up to $10,000 per person for reasonable and customary cost of necessary medical care for covered sickness, including medical or surgical treatment, hospital services, supplies, x-rays and laboratory fees, local ambulance, and visits to a physician’s office, subject to a $100 deductible per person. PREMIUM EMERGENCY ROADSIDE ASSISTANCE (PERS) (Available on rentals in the United States) If accepted, PERS reduces Your financial liability for services required to remedy non-mechanical problems of the Car including lockouts, lost key, flat tire and mounting and dead batteries, among other services. Full details are available at each rental location. WARNING: YOU MUST REMOVE KEYS, LOCK ALL DOORS, CLOSE ALL CAR WINDOWS AND THE TRUNK WHEN LEAVING THE CAR OR PEC COVERAGE WILL NOT APPLY, IN WHICH CASE YOU WILL BE RESPONSIBLE FOR ANY LOSS. PART II. F. COMPANY/TRAVEL AGENT ACCOUNTS SUPPLEMENTARY TERMS AND CONDITIONS Where, by virtue of a separate agreement entered into by You and Company or Travel Agency and Thrifty, arrangements have been made or are subsequently made during the membership period for rentals by You to be charged to either a Company Account or Travel Agency Account, the provisions in this Part II. F. set out the terms and conditions subject to which such transactions are to be handled. TERMS AND CONDITIONS WHEREAS You have concluded with Thrifty an Enrollment including the number of one or more credit cards, of which You are personally the holder, and authorizing Thrifty to charge the Rental Charges against the first credit card indicated which has a credit available. You wish to have the benefit of the Program and have the Rental Charges billed directly to the Company employing You by debiting an OTTO Account or by billing You using a Travel Agency’s Account. This supplement is concluded to define the methods of combined use of the Program and the Company’s OTTO Account or an Agency Account, as well as Your obligations and responsibilities and those of Thrifty in this context. IT IS AGREED AS FOLLOWS: 1. DEFINITIONS: The following Blue Chipions, where used in these supplementary terms and conditions, shall bear the following meanings: “Travel Agency” means the travel agency which has, together with You, signed the Supplement which has been accepted by Thrifty. “Company” means the company which employs You and which has concluded an agreement with Thrifty to charge to its OTTO Account the expenses relating to rentals which You make within the framework of the Program. “OTTO Account” means the Company’s customer account with Thrifty or such other account that the Company agrees is to be debited by Thrifty for any charges incurred. “Agency Account” means the Travel Agency’s customer account with Thrifty. “Reservation” means the transaction by which You, the Company or a Travel Agency give instructions to Thrifty to undertake all the action necessary for the rental of a vehicle in accordance with the conditions laid down when the reservation is made. “Rental Charges” means the charges incurred in whatever way and of whatever nature by virtue of Your rental of a car using the Program (also referred to as “Charges” in these Rental Terms). “Full Value Voucher” means the vouchers (Car Rental Ticket) issued by a Travel Agency relating to the total amount of the Rental Charges in connection with the rental which is the subject of this voucher. “OTTO Vouchers” means the vouchers used by the Company and bearing its OTTO Account number. “Program/OTTO Combination” means the use of Program service while charging the amount of the Rental Charges to the Company’s OTTO Account. “Program/TRAVEL AGENCY Combination” means the use of Program service while charging the amount of the rental charges to the Travel Agency’s Agency Account. 2. You have read, understood and accepted these supplementary Terms and Conditions. 3. The Company/Travel Agency has concluded an agreement with Thrifty, authorizing Thrifty to bill it with the Rental Charges, complying with the conditions laid down below. 4. To have the benefit of Program/OTTO Combination or Program/TRAVEL AGENCY Combination, You must return to Thrifty the Supplement to the Program Enrollment Agreement, completed and authenticated on the back by the Company/Travel Agency and Yourself. The authorization given by the Company/Travel Agency can be cancelled at any moment and in the event of withdrawal from this authorization for any reason whatever, Thrifty could not be held responsible for its refusal to give You the benefit of Program/OTTO or Program/TRAVEL AGENCY Combination. 5. Program/OTTO COMBINATION: In completing “Section 3” of the front of the Supplement, You are instructing Thrifty to debit the OTTO Account, the number of which You indicate, with the amount of the Rental Charges relating to all the rentals You make under the conditions set out in or incorporated by the Supplement. You certify that the OTTO Account number You have indicated in “Section 3” is in fact the OTTO Account number of the Company employing You. 6. Program/AGENCY COMBINATION: In completing “Section 3” of the front of the Supplement, You are instructing Thrifty to debit the Agency Account, the number of which You indicate, with the amount of the Rental Charges relating to all the rentals You make under the conditions set out in or incorporated by the Supplement. You certify that the Agency Account number You have indicated in “Section 3” is in fact the account of the Travel Agency. 7. You undertake to notify Thrifty of any change in Your situation entailing the modification of the OTTO Account or the Agency Account You have indicated in “Section 3” of the Supplement. 8. You undertake to notify Thrifty of any modification of Your situation entailing the withdrawal of the authorization to use the OTTO Account or the Agency Account which You indicated in “Section 3” of the Supplement. 9. To benefit from the Program/OTTO Combination or the Program/AGENCY Combination, You (or the Company or the Travel Agency which makes a reservation for You) must transmit to Thrifty, at the time of reservation, the number of the OTTO Account or of the Agency Account which must be debited with the amount of the Rental Charges relating to this reservation, as shown in “Section 3” of the Supplement, as well as the serial number of the OTTO Voucher or the Agency Voucher (where applicable). 10. If, when making the reservation, You (or the Company or the Travel Agency which makes a reservation for You) do not inform Thrifty of the OTTO Account number or the Agency Account number indicated in the preceding Article, or, where required, the serial number of the OTTO Voucher or the Car Rental Ticket, You will not be able to use Program/OTTO Combination and/or Program/AGENCY Combination. In that case, the amount of the Rental Charges will be charged against one of the credit cards, or payment cards, which You have indicated on Your Enrollment. 11. To have the benefit of the Program/OTTO Combination or Program/AGENCY Combination, the rental conditions indicated when the reservation was made must be identical to the conditions indicated in Your Enrollment. 12. Moreover, to have the benefit of Program/AGENCY Combination, the following conditions must be fulfilled: 1. You must have the reservation made by the Travel Agency; 2. The Travel Agency must issue a “Full Value Voucher.” 13. The OTTO Vouchers issued by the Company or the “Full Value Vouchers” issued by the Travel Agency are transmitted to Thrifty when the reservation is made and Thrifty could not be held responsible for errors which You, the Company or the Travel Agency could commit when making the reservation, transmitting the OTTO Voucher or the “Full Value Voucher.” 14. You undertake not to make a rental using Program/OTTO Combination or Program/AGENCY Combination if the Company/Travel Agency no longer guarantees Your rentals. 15. A program member who makes a fraudulent use of OTTO Vouchers or the OTTO Account number, or an Agency Account number or a Voucher issued by the Travel Agency, will be automatically removed from the list of Members of the Program. 16. Program services will be provided in accordance with these Rental Terms for the country in which the Rental commences, with effect from the date and place of implementation of the contract as specified during the reservation. The renter must comply with all qualification criteria defined by Thrifty, as indicated in these Rental Terms. Program services will be billed in accordance with the rates applicable at the time and place of rental. 17. The maximum hiring duration is 30 days. For each rental period over 30 days, a new contract must be established. 18. Thrifty reserves the right not to rent a vehicle to anyone under the influence of alcohol, drugs or other absorbed elements with similar effects on a person’s ability to drive safely. 19. Thrifty is not responsible for any damage to or loss of property resulting from the Company/Travel Agency’s intervention acting solely as an independent intermediary and not as a Thrifty Agent or Employee. 20. Reservations can only be made by car groups and not by car models or specific brands, although the renter’s preferences are taken into consideration depending on availability. 21. The Company/Travel Agency is liable for all damages, loss or delays resulting from any action by the Company/Travel Agency exceeding the Company/Travel Agency’s functions according to the Program context, to correctly indicate Program services to be provided when a reservation is made, inform the renter/driver of his/her obligation regarding the qualification criteria and financial status, forward all details and special requirements from the driver, in order to make a reservation.