Rental Policies

NOTICE:

Pursuant to Montana Code Annotation §45-6-309 you are hereby given notice that failure to return the Vehicle within 48 hours after the time stated on this page for return of the Vehicle, without notice to us and without our permission, may result in criminal prosecution for the offense of failure to return rented or leased personal property. In instances where the value of the Vehicle exceeds $1,500, the penalty may include imprisonment for a period not to exceed 10 years.

If a reservation is canceled 30 or more days before the reservation pick up date, a full refund of the security deposit will be issued. If canceled between 15-29 days, 10% of the total invoice will be charged. If canceled 0-14 days, reservation becomes non-refundable.

ACKNOWLEDGEMENT OF TERMS AND CONDITIONS

I agree to return Vehicle with the same amount of fuel as present at checkout. If I fail to do this I agree to be charged $6.75 per gallon refueling fee.

No smoking or vaping is allowed in the Vehicle. If any evidence of smoking or vaping is found I agree to pay a $200.00 detail fee.

We only accept major credit cards and do not accept any debit cards, prepaid cards, or loadable cards as payment. I authorize Journey Rentacar to process credit card voucher(s) in my name for all payments due under this Agreement.

I understand that I am ultimately responsible for any loss or damage (this includes but is not limited to rock chips, scratches, door dings, or dents) to the Vehicle while I am renting it, regardless of whether or not I am at fault.

I attest that I have a valid automobile insurance policy that provides full liability & collision coverage (comprehensive is NOT full coverage) for any damage to the Vehicle and coverage for injury to others and their property. I consent to give Journey Rentacar and its agents permission to validate and confirm full coverage with my insurance company.

I understand that Roadside Assistance or Windshield coverage is not included under this rental agreement or in any of the insurance coverage options for purchase. Any tire/sidewall punctures, flats, blowouts, any non preexisting tire related incidents, windshield rock chips, cracks, windshield replacements, or lockouts are fully my responsibility for any costs associated. I agree to notify Journey Rentacar of any incidents immediately.

I agree not to transport pets in the vehicle unless pre-approved by Journey Rentacar. Pets that are allowed will be charged an additional fee and must be transported in a confined pet carrier. I agree to pay a cleaning charge of $100 per pet if the Vehicle is returned with pet hair or any other evidence.

I agree to drive the Vehicle only in the USA and not beyond a 450-mile radius from the Journey Rentacar lot.

I agree not to use the Vehicle for off-road driving, racing, towing, commercial use, or operation by anyone other than me or an authorized driver approved by Journey Rentacar. I understand that any prohibited use voids insurance and makes me fully liable for all losses.

I agree not to operate the Vehicle under the influence of alcohol, drugs, or any substance that may impair my ability to drive. I understand that doing so voids coverage and makes me fully liable for any resulting damages.

I agree that I am responsible for all tolls, parking violations, traffic citations, and other government-issued fines incurred during my rental, and I authorize Journey Rentacar to charge these to my credit card without further consent.

We require a refundable $200 security deposit for ACE Rent A Car pre-paid reservations.

TERMS AND CONDITIONS OF RENTAL

The following terms and conditions, contained in this document or in addenda or other materials that we provide you at the time of rental, in their entirety form the rental agreement (“Agreement”). This Agreement is entered by and between the person signing it, any other person or entity to which the charges incurred under this Agreement are to be billed, any other authorized driver of the vehicle, and any other person or entity otherwise indicating assent as the Vehicle renter (referred to as “you,” “your” or “yours”) and Journey Rentacar, LLC, a Montana limited liability company (“we,” “us,” or “our”). We hereby rent to you the motor vehicle (or its replacement) described in this Agreement together with tires, tools, equipment, accessories, plates, and vehicle documents (collectively the “Vehicle”), subject to the terms and conditions of this Agreement.

I ACKNOWLEDGE THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT, INCLUDING THOSE ON ALL PAGES, WHETHER OR NOT SEPARATELY INITIALLED.

1. Authorized Drivers. (a) The Vehicle shall be operated only by an Authorized Driver. “Authorized Driver” means you and any person identified in writing in this Agreement as an additional authorized driver. If you rent from us under your employer’s corporate account agreement your employer or a coworker incidental to business duties may drive the Vehicle, but only with your prior permission. Unless otherwise specifically authorized by us in writing, all drivers must be at least 21 years of age or 25 years of age for van rentals. An additional fee of Twenty-Five Dollars and no/100 ($25.00) per day will be charged for any driver under 25 years of age. (b) You represent and warrant that you and each other Authorized Driver is a capable and validly licensed driver. You agree that we have the right, but not the obligation, to verify that the license of each Authorized Driver has been validly issued and is in good standing and that we may refuse to rent to you if any such license has been suspended, revoked, otherwise restricted in any way, or if the driving record of any Authorized Driver is unsatisfactory to us.
2. Beginning of Rental. The rental begins on the date and time as indicated on this Agreement. If there is no such notation, the rental begins when you take possession of the Vehicle’s keys.
3. Return of Vehicle; Extension of Term. (a) You agree to return the Vehicle to our location at 246 Briar Place Unit #1, Belgrade, Montana, in the same condition you received the Vehicle, ordinary wear and tear excepted, on the due date and at the time specified in this Agreement. You must return the Vehicle sooner on our demand pursuant to the terms of this Agreement. If you return the Vehicle earlier or later than specified herein, a different or higher rate may apply and, if returned later, you may be charged a late return fee in addition to the rental fees provided on Page 1. If you return the Vehicle after business hours, your responsibility for damage to or loss of the Vehicle will continue and all charges stated on the Agreement as a periodic rate will continue to accrue until we reopen and retake actual possession of the Vehicle. (b) If you wish to extend the term of any rental you must telephone us at (406) 551-2277 to request extension before your return date. We may or may not grant an extension or decline to grant extension request for the entire period you request at our sole discretion. If we do grant an extension a different or higher rate may be applied to the extension period, and a service fee may also apply. (c) We may repossess the Vehicle anytime the Vehicle is found illegally parked, is being used in violation of applicable law or this Agreement, or appears to be abandoned. We may also repossess the Vehicle anytime we discover you made a misrepresentation to obtain the Vehicle. You expressly agree that we need not notify you in advance in the event of repossession under this paragraph. If the Vehicle is repossessed, you agree to pay any costs incurred by us to repossess the Vehicle and agree that such costs will be charged to the card you used to rent the Vehicle. (d) NOTICE: Pursuant to Montana Code Annotation §45-6-309 you are hereby given notice that failure to return the Vehicle within 48 hours after the time stated as indicated on this Agreement for return of the Vehicle, without notice to us and without our permission, may result in criminal prosecution for the offense of failure to return rented or leased personal property. In instances where the value of the Vehicle exceeds $1,500, the penalty may include imprisonment for a period not to exceed 10 years.
4. Rental Charges. You agree to pay us for all time and mileage charges at the rates set forth as indicated on this Agreement. For those charges based on mileage, we will determine the miles by reading the Vehicle’s factory-installed odometer at the beginning of the rental and upon return of the Vehicle. You agree not to tamper with the odometer in any way. Any daily charge period applies to consecutive 24- hour periods starting at the hour and minute the rental begins as defined at paragraph 2 of this agreement. If you fail to comply with any conditions for special rates specified on this Agreement our otherwise applicable rates will be charged. The otherwise applicable rate will be our current rate set and charged by us for a substantially similar vehicle at that time. The rate charged will be determined by necessary factors including, but not limited to, holidays, number of vehicles available, length of use, etc.
5. Prohibited Uses of Vehicle. A prohibited use of the Vehicle will automatically terminate your rental, void all liability protection and voids any optional services such roadside assistance that you have accepted, including the loss damage waiver. Any prohibited use also makes you liable to Journey Rentacar for all penalties, fines, forfeitures, liens and recovery and storage costs, including all related legal expenses, fees and costs. A Prohibited Use is if: (a) You use or permit the Vehicle to be used: (i) by anyone other than an Authorized Driver; (ii) to carry passengers or property for hire; (iii) to push anything; (iv) to tow any load without our prior written permission or, where we have granted you permission to tow with the vehicle, to tow any load that exceeds the maximum load recommended by the Vehicle's manufacturer; (v) in a test, race or contest; (vi) off road or on unpaved roads without our prior written permission; (vii) while the driver is under the influence of alcohol, a controlled substance, or any drug, medication, or other substance—legal or illegal—that impairs or may impair the driver’s ability to operate a vehicle safely; (viii) for conduct that could properly be charged as a felony or misdemeanor, including the transportation of a controlled substance or contraband; (ix) recklessly or while overloaded; (x) to transport any animal; (xi) outside of the United States; or (xii) in violation of any applicable law or regulation. (b) You or an another driver, whether an Authorized Driver or not: (i) fail to report any damage to or loss of the Vehicle when damage occurs, or when you learn of the damage, but, barring physical incapacity, in no event should be delayed more than 24 hours; (ii) fail to promptly provide us with a written accident/incident report or fail to cooperate fully with our investigation; (iii) obtained the Vehicle through fraud or misrepresentation; (iv) leave the Vehicle and fail to remove the keys or close and lock all doors, close all windows and the trunk and the Vehicle is stolen or vandalized; or (v) return the Vehicle after hours and the Vehicle is damaged, stolen or vandalized.
6. No Warranties. We make no warranties, express, implied or apparent regarding the Vehicle, including but not limited to warranties of merchantability or fitness of the Vehicle for a particular purpose.
7. Your Responsibility for Damage to or Loss of Vehicle. If you do not accept or opt to purchase the loss damage waiver, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of Section 5, you are responsible for and will pay us for all loss of or damage to the Vehicle regardless of cause, or who, or what caused the damage. If the Vehicle is damaged, you will pay our estimated or actual repair cost, or if, in our sole discretion, we determine to sell the Vehicle in its damaged condition, you will pay the difference between the Vehicle’s retail fair market value before it was damaged and the sale proceeds. The value of any and all damages, losses, or costs arising from your use of the Vehicle shall be determined solely by us in our reasonable discretion, and you expressly agree to accept such valuation as final, binding, and not subject to dispute. As part of our loss, you’ll also pay for the Incidental Loss. Incidental Loss includes loss of use of the Vehicle, plus an administrative fee, plus towing and storage charges, if any. On our request, you will provide us with the name of your insurer and policy number, or if the insurance is provided by your card issuer, its insurer. You authorize us to process any or all of our Incidental Loss to the card you use to pay for the rental. You also authorize us to collect any and all of our loss from any third party that is responsible for it. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid and what we collected from the third party.
8. Repairs. You understand that you are not authorized to repair or have the Vehicle repaired without our prior written consent. If you repair or have the Vehicle repaired without our consent, you will pay the estimated cost to restore the Vehicle to the condition it was in prior to your rental. If we authorize you to have the Vehicle repaired, we will reimburse you for those repairs only if you give us the repair receipt.
9. Insurance. We have procured a policy of automobile liability insurance which provides coverage for damages because of bodily injury or property damage caused by an accident and resulting from the use of the Vehicle by an Authorized Driver at the time of the loss (and not otherwise). The limits of liability available for payment of a loss that our policy covers is equal to the minimum requirements of any applicable state financial responsibility law or other similar law or statute. Unless required by law, the policy does not include no-fault, supplemental no-fault, uninsured/underinsured motorists coverage or other optional coverage. Where such coverage is required by law, our policy provides coverage at the minimum required limits. Unless otherwise required by law, our policy does not cover: (a) any obligation for which you or any driver of the Vehicle or the employer of either or any insurance carrier may be held liable under any worker’s compensation or disability benefits or similar law; (b) any obligation you or any driver assumes under any express or implied contract; (c) any loss occurring while the Vehicle is being used in violation of the terms and provisions of this Agreement; (d) medical payment(s) for persons sustaining injuries while occupying the Vehicle; (e) damage to any object towed by the Vehicle. You represent and warrant that you have a valid and collectible automobile liability insurance policy in effect that provides coverage for damage to the Vehicle and coverage for injury to others and their property. Non-mandatory protection provided by our automobile liability policy will be secondary to that of your automobile liability insurance policy and any applicable insurance available to you or any other driver from any other source, whether primary, excess, secondary or contingent in any way. All the provision, limits, and exclusions in our automobile liability policy apply to you and to any person you permit to drive the Vehicle.
10. Indemnity. To the fullest extent provided by law, you agree to indemnify and hold us harmless, and our managers, members, employees, contractors, agents, and assigns (collectively “Indemnified Parties”) for any and all claims, causes of action, loss, liability, damages or expenses arising out of your use of the Vehicle that exceeds the limits of liability protection provided in this Agreement, or which results from any unauthorized use or prohibited operation of the Vehicle. To the fullest extent provided by law, you waive any claim against us for incidental, special or consequential damages in connection with the rental.
11. Vehicle for Hire. Vehicle for Hire is any rental of a vehicle from us for any use that is not personal use. Should you rent a vehicle as a Vehicle for Hire, you must notify us at the time of rental. When renting a Vehicle for Hire you shall obtain motor vehicle liability insurance with limits not less than $1,000,000 per occurrence. You shall also list Journey Rentacar LLC as an additional insured on your motor vehicle liability insurance policy for the term of the rental. You agree that, upon our request, you will provide a copy of your certificate of insurance listing us as an additional insured as provided herein.
12. Fuel Service Charges. The fuel level for the vehicle will be full. However, if the fuel level at the beginning of the rental is not full, the fuel level will be indicated on this agreement. If you return the Vehicle with less fuel than when you received it, we will charge you a fuel service charge at the applicable per-mile or per-gallon rate specified as indicated on this Agreement. No fuel service charge will be accrued if you return the Vehicle with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase.
13. Fines and Expenses. You will pay all charges, fines, penalties, court costs and recovery expenses for parking, traffic, toll and other violations, including storage liens and charges, plus a reasonable administrative fee, with respect to the use of the Vehicle from the time the Vehicle is rented until the end of the rental agreement or until the vehicle is returned to us (whichever occurs later). The Vehicle is not considered returned until the next day if returned after business hours. You will also pay a reasonable fee for cleaning the Vehicle’s interior upon return for excessive stains, dirt or soilage attributable to any Authorized Driver’s use.
14. Joint and Several Liability for Payment. You and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If you direct us to bill any such charges to a third party, you represent and warrant that you are authorized to do so.
15. Credit Card Billing. To the extent permitted by law, you authorize us to process one or more credit card vouchers in your name for payments due us under this Agreement. Your signature on this Agreement will be deemed to have been made on the applicable credit card voucher.
16. Errors in Charges. You understand that all charges are not final and are subject to review and to recalculation. You’ll pay any undercharges and will receive a refund of any overcharges that we discover on review.
17. Lost or Damaged Property. We are not responsible for loss or damage to any personal property in or on the Vehicle, in any service vehicle, on our premises, or received or handled by us, regardless of who is at fault. You will be responsible to us for all claims by others for such loss or damage. You release us and the other Indemnified Parties from all claims of damage to or loss of your personal property or that of any other person.
18. Collections. All charges, fees, fines, and expenses, including payment for loss or damage to the Vehicle, are due at our demand. If you do not pay all charges within 30 days after the date they are due, you agree to pay a late charge equal to the lesser of 1.5% per month on the past due balance or the highest interest rate permitted by law. You will also pay any collection costs, including a service charge for any check that is not honored by a financial institution and our reasonable attorney’s fees.
19. GPS Units. Global Positioning Systems may be present in the Vehicle. We use GPS tracking devices to track or locate cars which may be reported stolen, are suspected of being stolen or as may be required by law enforcement, or to identify Vehicles which may have been damaged and may require roadside assistance, when we believe in good faith that there is an emergency that poses a threat to the safety of you or another person, or as necessary to defend, protect or enforce our rights in connection with the use of the Vehicle pursuant to the terms of this Agreement. You will be subject to financial liability associated with any damages incurred or inability to track the vehicle due to removing and/or tampering with the Vehicle's GPS unit. We reserve the right to pursue legal action for potential criminal charges or penalties for any tampering.
20. ACE Affiliation. This car rental agency is an independently owned and operated business which accepts reservations through ACE Rent A Car Reservations, Inc. ("ACE") and is licensed to use the ACE trademarks. ACE has no liability for any acts of this car rental agency or for any injuries and/or damages arising from your use of this car rental agency
21. No Agency. You understand that the rental governed by this Agreement is solely a bailment for mutual benefit and that you are not our agent, servant or employee for any purpose.
22. Attorney Fees. In the event of dispute over this Agreement, the parties agree that the prevailing party in any legal proceeding shall be entitled to recover its costs, including reasonable attorney’s fees, from the other party.
23. Miscellaneous. You agree and understand that your obligations under this Agreement are personal and are not assignable or transferable by you. A waiver by us of any breach of this 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 is not a waiver of any other provision of this Agreement. If any provision of this Agreement is held to be void or unenforceable and is stricken, all of the remaining provisions shall continue to be valid and binding, and the Agreement shall be reformed to replace the stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. This Agreement shall be governed exclusively by the laws prevailing in the State of Montana without reference to principles or laws relating to conflicts or choice of laws. Any action or proceeding arising out of or related in any way to this Agreement shall be brought solely in a court of competent jurisdiction sitting in Gallatin County, Montana and you expressly waive any objection to venue in such courts, including any claim that such venue is inconvenient or improper. All rights and remedies provided in this Agreement are cumulative and not exclusive. Our exercise of any right or remedy under this Agreement does not limit or preclude our ability to exercise any other rights or remedies available to us at law, in equity, or otherwise.