Definitions

“Agreement” means the terms and conditions in these Terms and Conditions and the provisions found on the Rental Agreement. “You” or “your” means the person identified as the renter in this Agreement and the Rental Agreement, any person signing the Rental Agreement, any Authorized Driver, or any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you”, “your”, “renter”, or “driver” are jointly and severally bound by this Agreement. “We”, “our”, or “us” means FrunkYea Rentals, LLC. “Additional Driver” means a person we list on the Face Page of the Rental Agreement. “Authorized Driver” means the renter, any Additional Driver, or any individual permitted by state law to operate the Vehicle. For rentals with pickup locations in California, “Authorized Driver” includes your spouse. Each Authorized Driver must have a valid driver‘s license for the duration of the rental period and, at most locations, and for most Vehicles be at least age 21. “Vehicle”, “car” or “Tesla” means the motor vehicle identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and Vehicle documents, but “Vehicle” does not include portable navigation devices or other optional equipment (“Optional Equipment”) that you rent from us. “Diminished Value” means the difference between the value of the Vehicle immediately prior to damage or loss, and the value of the Vehicle after repair or replacement.

Renter Requirements

All renters & additional drivers must be 21 years of age or older (unless otherwise posted i.e. P100D), have a valid driver’s license & a major credit card in their name. All drivers must provide proof of full coverage insurance. More details in ‘Insurance Requirements’. Driver’s licenses are accepted from any USA state or territory. Licenses from outside the USA also may require an international driver’s permit. International driver’s permits are valid only if presented with the original local license. Individuals with learner’s permits are not eligible to rent vehicles. All renters must have a valid driver’s license in good standing for the previous 30 days. Renters only authorized to drive within the United States. FrunkYea reserves the right to refuse rental to anyone, for any reason.

Age Restrictions

You must be at least 21 years of age to rent, but the following provisions apply for customers between the ages of 21-24:

• Renters 21-24 must present a valid, acceptable credit card (debit cards are not permitted) and a valid driver’s license (subject to screening of your driving record), both in the renter’s name.
• At time of rental, an additional per-day underage surcharge for these renters may be applied. Because we don’t verify your age when you make a reservation, this fee is in addition to your quoted online rate unless you pay & checkout with the underage extra selected.

Insurance Requirements

You are responsible for all damage and/or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us, and the Vehicle and must remain in effect for the duration of the rental period. Comprehensive and collision deductibles must not be more than $1,000. All drivers must carry some form of insurance to cover damages to the Vehicle in the event of an accident. You’ve got several options: The easiest option is if you carry an insurance policy on a personal vehicle that you own or lease. We will verify with your insurer that your policy is active. Another option is if you have an American Express card – they offer a program called ‘Premium Car Rental Protection’. This is available directly from American Express and provides coverage for your GDC rental vehicle. This is a great option because it can be purchased in addition to your regular insurance policy and provides an extra layer of protection. Many other credit cards offer similar benefits. As of November 2018, Visa, Mastercard, & American Express offered some form of rental car coverage for cards on their networks. However, the coverage on any particular card can vary according to the bank that issued it, and even cards from the same issuer can have different levels of coverage. If you do not have full coverage insurance you can rent another way. Please contact us for instructions.

Additional Drivers

Additional drivers must meet the same rental qualifications as the renter. Additional drivers must appear with the primary renter at the time of pick up. There will be no additional charge for each additional authorized driver including a spouse or domestic partner. There is a limit of two additional drivers per rental contract. A spouse or domestic partner is the only permitted additional driver on non-credit card deposits. Additional drivers age restrictions are the same as primary.

Driving Record

FrunkYea Rentlas, LLC reserves the right to deny rental if the driving history reveals any of the following:

• invalid, suspended or revoked license
• one or more convictions for reckless driving within 48 months
• one DUI, DWI or DWAI conviction within 48 months
• failure to report an accident/leaving the scene of accident within 36 months
• possession of stolen vehicle or use of a vehicle in a crime
• expired license
• three or more convictions for moving violations within 24 months (excluding seatbelt violations)
• two or more accidents within 36 months
• other activities that suggest an unsatisfactory driving record.

Payments & Deposits

Payment is due upon booking to reserve the date/time chosen. Refundable security deposits are held at the time of pickup and start at $150. If you book with a debit card deposits can be $1,000 or more depending on your insurance deductibles. Deposits can not be used to extend your booking. Deposits are used in the event there is damage, tolls, tickets, or fees not included in the rental agreement. Security deposits are returned to the same card used.

Cancellation Policy

Cancellations made 7 days or more in advance of the booking date, will receive a 100% refund. Cancellations made within 2 – 6 days of booking will receive a 50% refund. No refund for cancellations less than 48 hours. We understand things come up but enforce this rule as bookings block the use of a Vehicle for a period of time and we loose the opportunity to rent to someone else.

Mileage Policy

Mileage allowance is 300 miles per day unless otherwise specified. Up to a $3/mile charge for overages depending on the Tesla Model. In some cases mileage and overages are negotiable. Please message us for any questions before your trip. We do offer trip extras to add additional miles or even unlimited miles on some listings. These typically need to be purchased before the trip start. These can be found at checkout under ‘Trip Extras’.

Smoking Policy

Smoking of any kind is NOT permitted within the Vehicle at anytime. Violation of this agreement will be fined upward of $350 or more depending on if there is damage (small and/or physical damage).

Charging Policy

Some Tesla Model S, X & Performance Model 3 includes FREE Tesla Supercharging – the listing should be labeled if the Tesla includes free Supercharging. All Tesla Supercharger stations are easy to find on all in Vehicle Tesla navigation system. Just like a typical rental, you are required to return the Vehicle at the same fuel/charge level as when it is picked it up unless otherwise posted or agreed upon. Some listings have pre-paid fuel/charging available. Tesla introduced a $1/minute idle fee for Superchargers to incentivize drivers to move from the charging spot when the charging is complete. The standard Tesla Model 3 does not include free supercharging like the Tesla Model S, X & Performance Model 3 does. Any fees incurred from charging at a Tesla SuperCharger will be billed or subtracted from your security deposit (as of August 2018 it is 0.26/kWh in California. Please check the state where you’ll be driving here ). If the customer is left at the side of the road with an empty battery due to poor planning, then the customer is liable for any fees including and related to the towing and recharging of the Vehicle. In addition, in any case, the fees for transporting the car to the nearest charging station are the sole responsibility of the customer. Electric vehicles sometimes experience phantom drain where the Vehicle will loose its charge of around 2-3%/day (or more based on conditions). If parking overnight with low battery you could have an unexpected drop in range the next morning.

Use of the Vehicle

You must use the Vehicle only for your personal use and not for any commercial purposes (e.g. driving other passengers for a fee such as through Uber or Lyft) You must exercise reasonable care in your use of the Vehicle. You are required at all times to operate the Vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. You are required to wear seat belts during the operation of the Vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning carseats and other protections for children. You must only use the Vehicle within the United States of America. Canada and Mexico is prohibited.

Damage Policy

You are responsible for all collision damage to the Vehicle even if someone else caused it or the cause is unknown. You are responsible for the cost of repair up to the value of the Vehicle, and towing, storage, and impound fees. Your own insurance, or the issuer of the credit card you use to pay for the Vehicle rental transaction, may cover all or part of your financial responsibility for the Vehicle. You should check with your insurance company, or credit card issuer, to find out about your coverage and the amount of the deductible, if any, for which you may be liable. Further, if you use a credit card that provides coverage for your potential liability, you should check with the issuer to determine if you must first exhaust the coverage limits of your own insurance before the credit card coverage applies. You are responsible for all damage to, and for loss or theft of, the Vehicle including damage caused by collision, weather, road conditions and acts of nature, even if you are not at fault. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the Vehicle. You are also responsible for Loss of Use (without regard to fleet utilization), Diminished Value, and our administrative expenses incurred processing a claim. You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them. Flat tires are a fact of life, and renters are responsible for a flat tire that occurs during the trip, as well as any related damage that may result from that flat or damaged tire. In the event of a flat, the renter should contact roadside service to change the tire and replace it with a spare, and then coordinate next steps with the host. If the tire can be repaired, it might be best to do so. If the sidewall is damaged or a repair is not possible, the renter is responsible for replacing that tire. In the event of a collision or other damage, file a police report, take photos, gather insurance/ID from other party (if applicable) and let us and your insurance know asap.

Charges and Costs

You will pay us at or before the conclusion of this rental, or on demand, all charges due to us under this Agreement, including the charges and fees shown on the Face Page of the Rental Agreement and: (a) a mileage charge based on our experience if the odometer is tampered with; (b) any taxes, surcharges or other government-imposed fees that apply to the transaction; (c) all expenses we incur locating and recovering the Vehicle if you fail to return it, return it to a location or office other than the location or office identified by us, or if we elect to repossess the Vehicle under the terms of this Agreement; (d) all costs including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (g) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented or if there is evidence of smoking in our Vehicle; and, (h) towing, impound, storage charges, forfeitures, court costs, penalties and all other costs we incur resulting from your use of the Vehicle during this rental. Special rental rates, vehicle category upgrades or any equipment or services provided to you free of charge only apply to the initially agreed upon rental period: If you return the Vehicle after the Due-In Date, you may be charged the standard rates for each day (or partial day) after the Due-In Date, which may be substantially higher than the rates for the initially agreed rental period. You also may be charged the standard fees for each day (or partial day) after the Due-In date for any equipment or services provided to you without charge for the initially agreed upon rental period. You will not receive a refund of prepaid amounts if you return the Vehicle before the Due-In Date. All Charges are subject to a final audit. If errors are found, you authorize us to correct the Charges with your payment card issuer You are responsible for paying the charging authorities directly for all parking citations, toll fees, fines for toll evasion, and other fees, fines and penalties assessed against you, us, or the Vehicle during this rental. If you fail to pay any of these charges and we pay any part of them, you will reimburse us for all such charges and, in addition, pay us an administrative fee of up to $40 for each such charge.

Optional Equipment

Upon request and subject to availability, we offer certain Optional Equipment, including but not limited to, Child Seats and Booster Seats, for your use during the rental at an additional charge. All Optional Equipment is rented AS IS and must be returned to us at the end of the rental in the same condition as when rented. Optional Equipment is not part of the car. You are responsible for any loss or damage to any Optional Equipment regardless of the cause. You should review the operational instructions for all Optional Equipment before leaving the rental location. If you rent a Child Seat from us, you have the sole responsibility to inspect and properly install the seat yourself. We make no warranties, express, implied or apparent, regarding the Child Seat or any other Optional Equipment, no warranty of merchantability, and no warranty that the Child Seat or any other Optional Equipment is fit for a particular purpose. You are responsible for all injury or damage arising out of, or related to your use of the Child Seat, or any other Optional Equipment.

Connected Vehicle & Location Data

Vehicle may be equipped with a telematics system. Renter acknowledges that such systems utilize cellular telephone and/or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. Renter authorizes use or disclosure of or access to call location information concerning Renter or other user of the service, automatic crash notification to any person for use in the operation of an automatic crash notification system and use of the vehicle location system. Renter releases FrunkYea Rentals, LLC from any and all damage to persons or property caused by failure of the telematics system to operate properly. Equipment. Certain Vehicles contain devices that monitor the Vehicle’s condition, performance and operation, track energy consumption, distance travelled, location and other information (the “Connected Vehicle Data”), and may transmit such Connected Vehicle Data to us, our third party providers and/or the Vehicle manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the Vehicle are turned off. These devices may have been installed by us, on our behalf, or by the Vehicles manufacturer. If the devices are installed by the Vehicles manufacturer, the Vehicles manufacturer will process the Connected Vehicles Data in accordance with its privacy notice. We do not provide the Vehicles manufacturer with your personally identifiable information (“PII”), unless authorized by you, or is necessary in connection with the provision of services provided through such Vehicles manufacturer, or is required by law. We may enter into agreements with Vehicles manufacturers to receive some or all of the Connected Vehicles Data collected by these devices. We may use a third party to process the Connected Vehicles Data on our behalf. We do not provide the third party processor with your PII, unless authorized by you, necessary in connection with the provision of services provided through such third party, or required by law. Uses. If equipped and where permitted by law, we use these devices and the Connected Vehicles Data for some or all of these purposes: (i) to provide certain aspects of our services to you e.g. remote lock/unlock, remote disable engine/cancel ignition, and automatically transmit vehicle data such as location, odometer, fuel level and other data during the rental; (ii) to manage your Vehicle rental e.g. start your rental, exchange or upgrade your Vehicle; (iii) to enable us to better understand how our Vehicles are being used; (iv) to optimize our operations; (v) to assist in the handling of any liability or property damage claims; (vi) to provide roadside assistance services; (vii) to assist in the recovery of Vehicles which are overdue, lost or reported stolen, or suspected of being lost or stolen; (viii) to develop new products and services and enhance our existing products and services; (ix) to respond to requests from law enforcement and/or regulatory authorities; (x) as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services, (xi) to protect the rights and/or property of FrunkYea Rentals, LLC or third parties; (xii) when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or in other circumstances in which we reasonably believe our Vehicles are being or have been used in violation of law or otherwise in the commission of a crime; and (xiii) to comply with law. Connected Vehicle Data is collected, used, retained & disclosed for purposes stated above.

Property in the Vehicle

We are not responsible for loss of or damage to any property in or on the car, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage.

Error in Rental Charges

The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.

Collections

If you do not pay all amounts due to us under this Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the vehicle including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: a) You agree to pay a late charge of 1 & 1/2% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”). b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Rental Document, or in any customer profile, as the place to send any demands or collection notices. c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.

Modifications

No term of this Agreement or Rental Agreement can be waived or modified except by a writing signed by one of our expressly authorized representatives.
FrunkYea counter representatives are not authorized to waive or change any term of this Agreement or Rental Agreement.
If you wish to extend the rental period in which the total number of days rented exceed 28 days, you must return the Vehicle to our rental office for inspection and written amendment from us by the Due-In Date.
This Agreement and the Rental Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.

Indemnification and Waiver.

You shall defend, indemnify, and hold us, our parent and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL. You agree that if the rental takes place at a location operated by a FrunkYea Rentals, LLC partner or Licensee, any claim by you, including one that alleges unfair, deceptive or unconscionable conduct, your sole right and remedy is against that FrunkYea Rentals, LLC partner or Licensee and not FrunkYea Rentals, LLC, its parent or any of its affiliated companies.

Severability

If any provision of this Agreement or Rental Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect

Waiver; Jurisdiction

A waiver by us of any breach of this Agreement or Rental Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement.
To the extent permitted by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle.
If any provision of this Agreement or Rental Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

Additional Terms

By visiting and/or taking any action on Frunkyea.com, you confirm that you are in agreement with and bound by the terms outlined on this page. These terms apply to the website, emails, or any other communication.

• All payments are processed securely through PayPal or Stripe. FrunkYea Rentals, LLC does not directly process payments through this website.
• Our booking & scheduling system is handled by FleetWire.io