Budget Calgary Subscription Terms and Conditions of Service

TERMS AND CONDITIONS

Budget rents to the Customer the Vehicle described in the Subscription Agreement and Customer agrees to: (i) be bound by the Terms and Conditions  of  the  Subscription  Agreement,  which  Customer acknowledges that he or she has read, (ii) return the Vehicle to the specified Budget location on or before the due back time and (iii) pay all charges at the rates specified up to and including the date when the Vehicle is returned.

1. Conditions of Vehicle and Subscription

a. Customer acknowledges that the Vehicle is the property of Budget and was received by Customer in good mechanical condition. Customer will return the Vehicle to Budget, together with the windshield, all tires, accessories and equipment, in the same condition as when received, on the date specified in the Subscription Agreement or sooner if demanded by Budget.

b. Customer shall not directly or cause the Vehicle to be altered or modified in any way.

c. Customer shall not sell, lease, rent or dispose of the Vehicle.

d. Customer shall not register or claim to be entitled to register any interest in the Vehicle.

e. Customer is advised to plug in the Vehicle's block heater when the outside temperature drops below -10°C to avoid towing, startup and/or related costs.

f. In the event of breakdown or weather-related delays or failure to honor a Vehicle reservation, Budget is not responsible for loss of time, wages, inconvenience, loss of use of the Vehicle or any other indirect, special or consequential damage of experience or trip interruption.

g. Budget is not responsible for any liability, however incurred, regarding Budget or Customer supplied ski racks and/or child safety seats.

h. If the Vehicle is driven by any person not named in the Subscription Agreement, Customer is responsible for all damages incurred by Budget, including any third-party liability.

i. If Customer returns the Vehicle at a time when the Budget location is closed, Customer's responsibility for damage to or loss of the Vehicle will continue, and all charges stated on the Subscription document as a periodic rate will continue to accrue until the return location reopens and Budget retakes actual possession of the Vehicle. If Budget does not find the Vehicle when that location reopens, Customer's responsibility for all charges and for damage to or loss of the Vehicle will continue until the Vehicle is returned or recovered and possession is returned to Budget.

j. All Vehicles are designated as non-smoking vehicles.

k. Pets are not allowed.

2. Communication

Customer consents to Budget communicating electronically via Customer’s nominated email address (including giving any notice under this agreement) and;

a. Acknowledges and understands the risks associated with sending or receiving personal information via email

b. Agrees to check the nominated email address regularly and that any notices or document sent by Budget by electronic communication will be deemed to have been received by Customer

c. Must immediately notify Budget of any:

i. Changes to Customer contact details including telephone number, address, or email address.

ii. Changes to Customer credit card or banking information.

iii. Suspensions or cancellations of Customer’s driver’s license.

a. in violation of any of the provisions of the Traffic Safety Act or the Criminal Code of Canada:

b. for the purpose of towing or propelling any trailer or vehicle:

c. outside Canada without prior written consent from Budget:

d. by any person except Customer and additional authorized drivers named in the Subscription Agreement while licensed to drive:

e. in any race, speed test or contest:

f. while legally intoxicated or under the influence of alcohol, drugs, or medical prescriptions causing drowsiness or fatigue, or other absorbed elements which may adversely affect a person's ability to drive safely:

g. if the Vehicle has been obtained from Budget by fraud or misrepresentation:

h. by any person who should suspect that further use of Vehicle would cause the Vehicle to be damaged:

i. if there are more people in the Vehicle than seat belts:

j. to carry persons or property for hire or reward:

k. for any commercial purpose, or for any illegal purpose; or

l. off government-maintained roads or in any area in which the general public is not ordinarily entitles or permitted to use for the passage or parking of vehicles.

5. Subscription Charges

a. Minimum charge is two (2) months unless otherwise specified. Subscription and kilometer rates do not include fuel costs.

b. If Customer fails to comply with any conditions for special rates specified on the Subscription document, Budget's otherwise applicable rates shall apply.

6. Authorized Operator

Customer must be at least twenty-five (25) years of age, with a valid driver's license, and meet all of Budget's subscription requirements. All additional drivers must be at least twenty-five (25) years of age, have a valid driver's license, be named in the Subscription Agreement and meet all of Budget's subscription requirements. Customer is also responsible for actions of unauthorized drivers, involving third parties and damages sustained to the Vehicle.

7. Insurance

Customer has the option to accept vehicle insurance from Budget (“Budget Insurance”) or maintain Customer’s own automobile insurance during the term of this Subscription agreement.

Should the Customer accept Budget Insurance, in consideration for the payment of an insurance charge, Customer’s financial responsibility for loss or damage to the Vehicle is limited to the following, provided that the Terms and Conditions of this Subscription Agreement are not violated.

a. Per occurrence:

i. Collision or upset                                                 $2500 deductible

ii. Direct compensation property damage               $0 deductible

iii. Comprehensive                                                  $500 deductible

Budget Insurance does not cover the following:

b. Loss or damage to the interior of the Vehicle, including any accessories, excessive soilage, and/or damage to the Vehicle undercarriage, tires, rims, and/or wheel covers.

c. Damage to the roof and sides of the Vehicle due to insufficient height and width clearance.

d. Storage and towing charges following loss or damage to "Budget Calgary Service Center" located at 9850 22nd Street NE, Calgary, AB T3J 3C6.

e. Theft, loss, or damages to the Vehicle when the Customer does not have possession of the keys.

f. Damages if Customer is in violation of any conditions set forth in Section 3 above. Customer shall be fully liable for all damages to the Vehicle, including towing and storage charges, and an administration fee ranging from $10-$500.

g. Negligent or intentional acts causing damage to Vehicle.

Should the Customer decline Budget Insurance, Customer is responsible for all damage or loss to the Vehicle, as well as for all damage or loss that Customer causes to others or their property regardless of situation.

a. Customer must maintain automobile insurance during the subscription period which provide the following coverage and terms; proof of insurance must be supplied to Budget prior to commencement of the subscription period, and as required prior to any policy renewals or expiration:

i. Collision All Perils Comprehensive

ii. Third-Party Liability with a minimum of $2,000,000 (two million dollars) in coverage

iii. SEF 27 – non-owned automobile endorsement

iv. Budget Car & Truck Rental, A Division of Prairie View Holdings Ltd. listed as additional insured

In order for Customer to modify their insurance coverage, the Vehicle must be returned to the Budget location wherein the Customer initially took possession of the Vehicle for an inspection and an amended Subscription Agreement must be completed.

8. Damage to Vehicle

If Customer does not accept Budget Insurance, or if the Vehicle is lost or damaged as a direct or indirect result of a violation of Section 3, Customer is responsible and will pay Budget for all loss or damage to the Vehicle regardless of cause, or who, or what caused it. If the Vehicle is damaged, Customer will pay Budget's estimated repair cost, or if, in its sole discretion, Budget determines to sell the Vehicle in its damaged condition, Customer will pay Budget the greater of the Vehicle's retail fair market value or its value on Budget's books of account (also known as depreciated book value) before theft or, in the case of damage, less the sale proceeds. Depreciated book value may be higher than retail fair market value. As part of Budget's loss, Customer will also pay for loss of use of the Vehicle, without regard to our fleet utilization, ranging from $40-$75/day, plus an administrative fee, ranging from $10-$500, plus towing and storage charges, if any ("Incidental Loss"). Customer authorizes Budget to process any or all of Budget's Incidental Loss to the charge card Customer uses to pay for the subscription. Customer also authorizes Budget to collect any or all or of our loss from any third party that is responsible for it. If Budget collects the loss from a third party after Budget has collected the loss from Customer, Budget will refund the difference, if any, between what Customer paid and what Budget collected from the third party. Customer understands that they are not authorized to repair or have the Vehicle repaired without Budget's express prior written consent. If Customer repairs or has the Vehicle repaired without Budget's consent, Customer will pay the estimated cost to restore the Vehicle to the condition it was in prior to Customer's subscription. If Budget authorizes Customer to have the Vehicle repaired, Budget will reimburse Customer for those repairs only if Customer gives Budget a repair receipt from a dealer authorized by Budget.

a. If there is excessive soilage to the interior (including smoking and pet hair), bodywork and/or undercarriage of Vehicle, Customer is responsible for the cleaning and downtime charges of the Vehicle.

b. If the Vehicle cannot be rented due to damage or loss which is wholly or partially the responsibility of Customer, Customer shall be responsible for loss of use charges. Loss of use charges shall be calculated by multiplying the regular daily rental rate of the Vehicle by the number of days that the Vehicle is unavailable for rent.

c. Towing, storage or impound fees imposed by any authority in Canada or the United States will be the responsibility of the Customer, including the cost of bringing the Vehicle back to Budget Calgary Service Center.

Customer and any authorized driver must not leave the Vehicle unattended following an accident or before the arrival of a tow or salvage operator without consent from Budget.

9. Maintenance

a. Customer must notify Budget when the Vehicle is due for a service and as directed by Budget Customer must arrange (within a reasonable time frame) to take the Vehicle to a service provider who is approved by Budget for the purpose of repairs and maintenance, including for the purpose of servicing the GPS tracking device.

b. Budget reserves the right at any time to require and direct Customer to take the Vehicle to a service provider who is approved by Budget for the purpose of repairs or maintenance, including for the purpose of servicing the GPS tracking device.

c. Where Budget has determined the Vehicle cannot be driven or used due to repair, manufacturer recall, or other work on the Vehicle, a courtesy or replacement Vehicle may be provided only where the expected duration of the repair work on the Vehicle exceed two (2) business days. Budget is not required to make available to Customer a courtesy or replacement Vehicle where repairs or other work is being performed are due to Customer negligence, any violation of Section 3, or Customer delay past a reasonable time frame of service as indicated in Section 9.a and 9.b.

d. Customer and all authorized drivers must notify Budget immediately if:

i. A warning light is activated, or a fault message appears in the Vehicle.

Customer sees or becomes aware of low engine or brake oils, or engine coolant levels.

ii. The Vehicle develops any fault during the Subscription period.

iv. The GPS tracking device is removed or otherwise ceases to function.

e. Customer must not let anyone repair or work on the Vehicle or tow or salvage it without prior written consent.

f. Where Budget has provided consent or directed Customer to have the Vehicle repaired or serviced, Budget will reimburse Customer for expenses directly paid by Customer under the following conditions:

i. Expenses have been authorized by Budget.

ii. Customer provides the original invoice and/or receipts for expenses.

iii. There has been no violation of any terms contained within Section 3.

iv. Customer has paid any and all applicable fees including Subscription charges.

Budget reserves the right to refuse reimbursement until Customer Subscription is in good order with no overdue fees.

10. Payment

a. By signing the Subscription Agreement, Customer authorizes Budget to process funds on Customer's charge card for the charges payable under the Subscription Agreement. Customer agrees that all charges are subject to final audit. Charges may include adjustments for: fuel used, towing and/or storage charges, damages and any traffic and/or parking violations. Customer authorizes Budget to debit or credit Customer's account within twenty (20) business days of the return of the Vehicle with any additional amounts resulting from errors of calculation on the Subscription Agreement.

b. If Customer has indicated that a company or third party will pay the charges under the Rental Agreement and such payment is not made within thirty (30) business days, Customer authorizes Budget to process such payment to the Customer's charge card.

11. Collections

a. In the event Customer fails to pay the charges as shown in the Subscription Agreement, Customer shall be liable for all legal costs, collection fees, administration fees and service charges that are incurred by Budget to secure the payment.

b. Payment is due upon receipt of the Subscription Agreement. Interest will accrue at the rate of twenty-four percent (24%) per annum on overdue accounts.

12. Property in the Vehicle

Budget shall not be liable for loss or damage to any property left or stored in the Vehicle either during the subscription period or after the return of the Vehicle. Customer hereby assumes all risk of such loss or damage and waives all claims against Budget.

13. Return of the Vehicle

a. The Vehicle shall be returned on the date and location shown on this Subscription Agreement, or as specified in a termination notice should Budget terminate this Agreement as specified in Section 4.  If the Vehicle is not returned within twenty-four (24) hours of such date, Budget has the following as right of recourse:

i. Remotely disable the vehicle using a telematics device and repossess the Vehicle from its current location and if the Vehicle is located on Customer premises, Customer gives Budget permission to access and enter Customer’s premises to do so.

ii. notify the police that the Vehicle is stolen. Customer releases Budget from any claims arising from the making of such report.

In the event that a repossession of a Vehicle occurs, Customer shall be responsible for all costs associated with recovery and repossession of the Vehicle.

b. Vehicles must be returned with a full tank of fuel and in the same condition as documented at the start of the subscription, save for reasonable wear and tear.

c. Should Customer wish to extend the period of the subscription, Customer must contact Budget to make arrangements for an extension agreement to be executed.

14. Vehicle Swaps

Customer may swap Vehicles during the term of any Subscription Agreement, subject to the following:

a. A swap request must be made in writing no less than 14 days in advance and is subject to Vehicle availability.

b. A swap will be subject to a new Subscription Agreement and a swap fee.

i. Customers on a 12-month Subscription will be entitled to one (1) free swap during the Subscription duration.

ii. The new Subscription Agreement and associated fees will apply as of the date of the swap, at which time the minimum subscription period will reset.

15. Liability Protection

The insurance policy of the Customer or driver of the Vehicle will be primary in the event of any liability arising out of the use and operation of a Vehicle.

16. Cooperation of Customer

At Budget's request, the Customer and/or authorized driver shall take any reasonable steps to secure information about the circumstances of the accident and shall agree to provide evidence as a witness in the Defense of any Action or Proceeding or in the Prosecution of any Appeal. This may include participation in Questioning under Oath in civil actions and provision of documents in the Customer's possession or control that relates to accident. Failure of the Customer and/or authorized driver to cooperate with Budget in this regard, without reasonable excuse, may result in Budget refusing to either indemnify or defend the Customer and/or authorized driver in any legal proceedings brought against the Customer or authorized driver.

17. Assumption of Liability

The Customer and/or authorized driver shall not voluntarily assume any liability or settle any claim except at his/her own cost.

18. Tickets and Fines

Customer shall be responsible for and pay all toll charges, parking or traffic fines and penalties, and all related towing, storage and impoundment fees, together with a minimum administration charge of $75.00 for each violation. Budget reserves the right to apply the charges to the Customer's charge card.

19. Roadside Safety Net (RSN)

Customer subscription includes Roadside Safety Net (RSN), which is a standard roadside assistance package. RSN relieves Customer of financial responsibility of the following items:

a. Lockout service for keys locked in Vehicle.

b. Flat tire repair and tire replacement- exclusive of a vehicle accident (does not include tire rim).

c. Fuel delivery to a maximum of $6.

d. Battery boost.

e. Towing of vehicle (excluding collision related towing).

RSN is void and of no effect if, at the time of incident necessitating Roadside Assistance, Customer is in violation of the Subscription Agreement, including, without limitation, the prohibited uses and violations set forth in Section 3 above.

If RSN is required, all terms in Section 9 will apply.

20. Definitions and Interpretation

a. "Authorized Company Personnel" means personnel working for the same company as the Customer and on the same payroll. Sub-contractors are not Authorized Company Personnel.

b. "Budget" means Budget Rent A Car of Calgary, Budget Rent A Truck, a division of Prairie View Holdings Ltd.

c. "Subscription Agreement" consists of the Terms and Conditions, a subscription agreement document signed by the Customer, a Vehicle Ready Report and any applicable amendments or documents.

d. "Customer" means the person who signs the Subscription Agreement.

e. "Spouse" means a person married to Customer or who has been in cohabitation continuously with Customer as husband or wife for a period of twenty-four (24) months prior to the date of subscription.

f. "Vehicle" means the motor vehicle rented from Budget, including any substitution or replacement vehicle and includes, keys, tires, tools, equipment, accessories, plates and subscription documents delivered to the Customer with or as part of the vehicle.

g. “Budget Insurance” means a vehicle insurance policy including accident benefits and third-party liability as required by law in the Province of Alberta.

h. “Major Breach” means failure to report an accident, breach of any of Section 2.b or breach of any of Section 3.

21. Privacy

The Customer consents to Budget collecting, using and disclosing personal individual information for the purposes of servicing and administering vehicle rentals and subscriptions and related purposes as stated in Budget's Privacy Policy.

22. Governing Law Provision

This Subscription Agreement shall be governed by the laws of the Province of Alberta, Canada without regard to laws governing conflict of laws. The Province of Alberta shall be a proper place of venue for any suits to enforce this Subscription Agreement, and any legal proceedings to enforce the provisions hereof may be brought 1n a court of competent jurisdiction in Alberta.

23. Monitoring and Security Devices

A Monitoring Device may be installed in the Vehicle to enable us to locate the Vehicle when it is not in our possession. This is done to address various concerns such as theft, misuse, travel in prohibited areas, unauthorized out of country travel, or unsafe driving practices. By signing the Subscription Agreement, you acknowledge and authorize Budget to use the Monitoring Device to monitor the Vehicle until it is returned to Budget.

24. In the Event of an Accident 

a. Call the police. A police report must be obtained for every accident, regardless of the estimated value of the damage. If the police cannot come to the scene of the accident, visit the nearest police station. It is required by law to report to the police any accident whereby there are any injuries or damage to any vehicle is over $5,000.00. Please note that minor damages can exceed $5,000.00.

b. Call Budget at 403.226.1455 within 24 hours to report the accident.

c. Make a full written report electronically or at the Subscription Budget location.

d. If Customer is involved in an accident with another party, the Accident Fact form below must be completed.

The Budget Incident Report, Vehicle registration and insurance information are located in the glove box.

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