Legally Binding Contract

Terms of Service

Last Updated: March 2026 | Jurisdiction: Hollywood, FL, USA

1.0 Definitions & Agreement

This Master Rental Agreement ("Agreement") constitutes a legally binding contract between Smart Cars Rentals ("Company", "We", "Us", "Our") and the individual electronically accepting these terms, signing at the physical counter, or paying for the reservation ("Renter", "You", "Your").

"Vehicle" refers to the automobile provided to you, including all tires, tools, accessories, keys, key fobs, equipment, and GPS tracking devices. "Rental Period" refers to the time from which you take possession of the keys until the Vehicle is returned, inspected, and accepted by our staff.

By completing a booking, you acknowledge that you have read, understood, and unconditionally agreed to all terms, fees, and penalties stipulated in this document. You acknowledge that the Vehicle remains the exclusive property of the Company at all times.

2.0 Authorized Use & Drivers

The Vehicle may ONLY be operated by the primary Renter and any specifically authorized Additional Drivers listed on the formal Rental Agreement. All operators must possess a valid, unexpired, physical driver's license and be at least 21 years of age.

  • Underage Surcharge: Operators between the ages of 21 and 24 are subject to a mandatory daily surcharge of $20.00.
  • Non-Transferability: You may not sublease, lend, or transfer the Vehicle to any third party. Allowing an unauthorized person to drive the Vehicle is a material breach of contract.

3.0 Vehicle Condition & Return

You agree to return the Vehicle in the exact same condition as it was received, ordinary wear and tear excepted. You are responsible for any interior or exterior damage, missing equipment, or mechanical failure caused by negligence.

  • Inspection: We will conduct a joint pre-rental inspection. Any pre-existing damage must be documented photographically before you leave the lot.
  • Smoking Policy: The Company maintains a strict 100% Smoke-Free and Vape-Free fleet. Any evidence of smoking (including scent, ash, or burns) will trigger an automatic, non-negotiable $250.00 detailing penalty.
  • Fuel Policy: The Vehicle must be returned with the exact fuel level as dispatched. Shortages will be billed at current local market rates plus a $15.00 refueling convenience fee.
  • Grace Period & Late Returns: You are granted a 59-minute grace period from the scheduled return time. Vehicles returned more than 60 minutes late will incur hourly charges. Returns exceeding 3 hours beyond the scheduled time will be billed for a full additional day of rental plus any applicable late fees.

4.0 Geographic & Mileage Boundaries

Smart Cars Rentals operates exclusively within the State of Florida. You are expressly prohibited from operating the Vehicle outside of the Florida state lines.

  • GPS Monitoring Consent: You acknowledge and consent that the Vehicle is equipped with active GPS tracking telematics used to monitor location, speed, and geographic boundary compliance for asset protection.
  • Mileage Allowance: Standard rentals include an allowance of 150 miles per day, averaged over the total length of the trip. Any mileage exceeding this allowance will be billed at $0.45 per excess mile upon return.

5.0 Explicitly Prohibited Uses

The Vehicle shall not be used in any of the following manners. Engaging in any prohibited use immediately voids all liability protection, CDW, and personal insurance, leaving you fully liable for the Actual Cash Value (ACV) of the vehicle and any third-party claims:

  • For any illegal purpose or in the commission of a crime.
  • For commercial passenger transport (e.g., Uber, Lyft) or commercial delivery of goods (e.g., Amazon Flex, DoorDash, UberEats).
  • By anyone under the influence of alcohol, illegal drugs, or prescription medications that impair driving ability.
  • For towing, pushing, or propelling any other vehicle, trailer, or object.
  • In speed contests, races, or reckless driving exhibitions.
  • On unpaved roads, dirt tracks, beaches, grass, or through flooded streets.
  • Leaving the keys inside the Vehicle while unoccupied, or handing the keys to a valet parking attendant (theft resulting from keys left in the car is 100% your responsibility).

6.0 Right of Repossession

The Company reserves the absolute right to electronically disable, locate, and repossess the Vehicle at your expense, without prior notice, if it is found to be illegally parked, used in violation of any terms of this Agreement, appears to be abandoned, or if the Vehicle is not returned by the agreed-upon date and time.

In the event of repossession, you will be charged a minimum $250.00 Repossession Fee, plus any towing, storage, and legal fees incurred by the Company.

7.0 Financial Responsibilities & Deposits

You agree to pay the base daily rate, all mandatory state taxes, applicable surcharges, and a fully refundable security deposit of $300.00 at the time of pickup. The deposit is processed as an authorization hold on a physical credit or debit card.

The Company will release the authorization hold immediately upon the successful and damage-free return of the Vehicle. You acknowledge that your financial institution may take between 3 to 10 business days to reflect the released funds in your account, and the Company holds no liability for banking delays or resulting overdraft fees.

8.0 Chargebacks & Payment Disputes

By executing this Agreement, you provide irrevocable authorization to the Company to charge the credit or debit card on file for all costs associated with your rental, including but not limited to: rental extensions, mileage overages, fuel shortages, smoking penalties, toll fees, traffic citations, and damage up to the cost of your deductible or the full vehicle value if protections are voided.

9.0 Insurance, CDW & Liability

Personal Insurance: If you decline our Collision Damage Waiver (CDW), you represent and warrant that you maintain a valid, primary personal auto insurance policy that provides full collision, comprehensive, and liability coverage transferring to rental vehicles in Florida. You must present the Declaration Page. In the event of damage, you are responsible for paying your deductible to us immediately, and you agree to fully cooperate with the claims process.

Collision Damage Waiver (CDW): If purchased, the Company waives its right to collect from you for accidental body damage or theft of the Vehicle, subject to the exclusions in Section 5.0. CDW is not insurance. CDW does not cover flat tires, cracked windshields, lost keys (replacement costs range from $350-$600), or damage to the vehicle's interior.

Loss of Use & Diminished Value: If you rely on personal insurance or third-party (credit card/Expedia) coverage, you are strictly liable to pay the Company for "Loss of Use" (our lost daily revenue while the car is in the repair shop), administrative claims fees, and the Diminished Value of the vehicle.

Indemnification: You agree to indemnify, defend, and hold harmless Smart Cars Rentals from any third-party claims, lawsuits, or liabilities arising out of your operation of the Vehicle.

10.0 Tolls, Citations & Impound

Tolls (SunPass): If you do not purchase the Prepaid Toll Add-on, you will be billed automatically for all tolls incurred during your rental, plus an administrative fee of $3.95 per day that a toll is triggered. Toll charges are processed 14 to 21 days after your rental ends.

Citations: You are 100% responsible for all traffic, parking, and red-light camera citations. If the Company receives a citation for your rental period, we will bill the credit card on file for the cost of the fine plus a $45.00 administrative processing fee per citation to transfer liability to your name.

Impound: If the vehicle is towed or impounded due to your negligence or illegal parking, you must pay all towing yard fees directly. If our staff is required to retrieve the vehicle, a $250.00 Recovery Fee will be charged to your card.

11.0 Governing Law & Arbitration