Tidal Rentals Rental Agreement

This is an AGREEMENT between you, the RENTER/DRIVER(S), and Tidal Rentals Inc. to rent a motor VEHICLE (including tires, tools, accessories, and equipment). The RENTER/DRIVER(S) acknowledges the vehicle is the property of Tidal Rentals Inc., although the registered title may be in a third party and/or corporate name.

Tidal Rentals Inc. renting this VEHICLE to you is more fully described on the other side of this agreement in the upper section. The RENTER/DRIVER(S) is identified on the other side of this agreement at the upper left-hand side. The RENTER/DRIVER(S) is renting the VEHICLE from Tidal Rentals Inc., and you, the RENTER/DRIVER(S), must sign the agreement. By signing this agreement, you, the RENTER/DRIVER(S), are entering into a contract with Tidal Rentals Inc. for using Tidal Rentals Inc.'S VEHICLE. You agree to pay on demand the rental charges referred to on the other side of this agreement. By entering the contract, you are subject to the following terms and conditions.

1. AUTHORIZED USE

The VEHICLE may be used ONLY by an AUTHORIZED DRIVER. An authorized driver is:

a. You, the RENTER, LICENSED DRIVER(S), and/or;

b. A licensed driver who has been accepted by Tidal Rentals Inc. as an additional RENTER, as referred to in the “Additional Driver Information” section. 

2. PROHIBITED USE

You, the RENTER/DRIVER(S), agree that the vehicle shall not be:

a. used to carry persons or property for hire;

b. used to propel or tow any vehicle, trailer, or other objects;

c. used in any race, driver test, and/or speed test or contest;

d. used by any person with reasonable evidence to suggest they are under the influence of alcohol, intoxicants, narcotics, or other substances to an extent prohibited by law;

e. used in the commission of any crime or for any illegal trade or transport;

f. removed from the State/Province of rental without obtaining the prior written consent of Tidal Rentals Inc. or Tidal Rentals Inc.'s representative; g. used by anyone for whom Tidal Rentals Inc. has been given a false name, age, address, driver's license, credit card, or other information or who does not have a valid driver's license; (e.i. used in a dangerous, reckless, or imprudent manner;

h. used on other than a public highway or graded road or driveway;

i. left without securing the vehicle and its keys.

3.) VEHICLE CONDITION AND RETURN

The vehicle is delivered to you in good operating condition. You agree to return the vehicle in the same condition in which you received it (except for ordinary wear and tear) to Tidal Rentals Inc. located at the place and on the date specified on the first page of this agreement or sooner if demanded by Tidal Rentals Inc.

If you return the vehicle to an unauthorized location not specified in this agreement, you will be charged one of the following:

a. Additional daily rate(s) plus a one-way service charge as determined by Tidal Rentals Inc. or;

b. Additional daily rate(s) plus $2.50 per kilometer from the unauthorized return location to the intended location identified in this agreement.

You will pay Tidal Rentals Inc. on demand for all loss or damage to the rented vehicle regardless of how much damage was incurred while rented under this agreement. Any totals shall be calculated as the replacement cost of the rented vehicle described in this agreement, plus any expenses.

You will pay to Tidal Rentals Inc. on demand all towing charges, storage charges, impound fees, claims administration charges, diminished value of the said vehicle, and damages for loss of use for the vehicle while being repaired and/or out of the service.

Diminished value damages shall be assessed when damages exceed the seller notification requirements via Provincial Statute declarations and/or regulations and will be (1) 20% of the actual repair cost or (2) the actual diminishment/accelerated depreciation value of the described vehicle if the repairs are completed satisfactorily, and the described vehicle is sold within 60 days of repair completion.

Loss of use shall be the number of days the rented vehicle is out of service multiplied by the daily rental charges set out on the first page of this agreement.

The claims administration charges are based upon the damage repair valuation as follows: Damage $0.00 to $2,500.00 = $100.00, damage $2,501.00 to $5,000.00 = $150.00, damage $5,001.00 and over= $200.00, total loss= $250.00.

Tidal Rentals Inc. has the right to monitor, track and locate the vehicle through remote tracking devices. Tidal Rentals Inc. has the right to disable and repossess the vehicle through remote tracking devices or otherwise without demand at your expense at any time if it is illegally parked, used in breach of the geographic driving restrictions, or used in violation of any law, payment obligations under this agreement or vehicle appear to be apparent abandon. You will be required to pay the full amount of the loss or damage to the vehicle unless reduced by the following circumstances.

a. if you enter into the Additional agreement referred to on the first page of this agreement as Tire and Windshield Damage Waiver Or (T&WDW). Tidal Rentals Inc. will waive or reduce your payment for loss or damage to the tires and/or windshield to the extent of the conditions contained in paragraph (T&WDW). TIRE AND WINDSHIELD DAMAGE WAIVER (T&WDW) DOES NOT COVER THE COST OF DAMAGE TO WHEELS AND/OR LOSS OF USE AND/OR TOWING AND STORAGE CHARGES, IMPOUND FEES or

b. If you enter into the Additional agreement referred to as Loss Damage Waiver (LDW), Tidal Rentals Inc. will waive or reduce your payment for loss or damage to the vehicle to the extent of the conditions contained in paragraph (LDW) of this agreement. LOSS DAMAGE WAIVER (LDW) DOES NOT COVER LOSS OF USE, DIMINISHED VALUE AND/OR TOWING, STORAGE CHARGES, OR IMPOUND FEES. THE $500 DEDUCTIBLE TO BE PAID UNDER LOSS DAMAGE WAIVER (LDW) WILL BE ON A PER-OCCURRENCE BASIS.

If any of the terms of this rental agreement are violated by the RENTER/DRIVER(S) or AUTHORIZED DRIVER and or refuses to make a police report or present a claim to his Insurance Tidal Rentals Inc. or other lawful authorities, the Loss Damage Waiver Will Not apply, and the RENTER/DRIVER(S) shall be liable for all damage to the VEHICLE. The LOSS DAMAGE WAIVER AGREEMENT IS NOT INSURANCE but an agreement by Tidal Rentals Inc. to waive or reduce the terms of this agreement in which you agree to pay for all loss or damage to the VEHICLE.

4.) LIABILITY INSURANCE

Tidal Rentals Inc. has obtained all mandatory automobile insurance as required by law concerning the VEHICLE. By driving this VEHICLE, AUTHORIZED drivers agree to comply and be bound by all terms, conditions, limits, and restrictions of this insurance policy that are part of this rental agreement.

Tidal Rentals Inc. will not provide "uninsured motorists," "underinsured motorists," "supplemental," "no-fault," or any other optional insurance coverage unless such coverage is required by law. To the extent permitted by law, the RENTER/DRIVER(S) and Tidal Rentals Inc. reject the inclusion of any such optional coverage.

POWER OF ATTORNEY

RENTER/DRIVER(S) hereby grants and appoints to the owner a Limited Power of Attorney to present insurance claims for property damage to RENTER/DRIVER(S) insurance carrier if the rented vehicle is damaged during the term of this rental agreement and to endorse RENTER/DRIVER(S) name on insurance payments for charges or damages.

GENERAL PROVISIONS

a. PAYMENT. If the AUTHORIZED DRIVER fails to make payments required under the agreement to Tidal Rentals Inc., all expenses of collection and/or repossession, including court costs and lawyer fees incurred by the Tidal Rentals Inc. in pursuing the claim against the AUTHORIZED RENTER/DRIVER(S), will be paid by the AUTHORIZED RENTER/DRIVER(S).

If the AUTHORIZED RENTER/DRIVER(S) has directed Tidal Rentals Inc. to bill charges to some other person, firm, or organization who fails to make payment promptly when due, the RENTER/DRIVER(S) will promptly pay the Tidal Rentals Inc. upon demand.

ALL CHARGES ARE SUBJECT TO FINAL AUDIT, and resulting credits and additional charges will be made and paid by the method used in the initial transaction, 2% PER MONTH (24% PER YEAR) CHARGED ON OVERDUE ACCOUNTS. An administrative cost of carrying the account may be applied.

b. FINES AND PENALTIES: AUTHORIZED RENTER/DRIVER(S) will pay all fines, penalties, forfeitures, and court costs imposed for parking, toll charges, and/or traffic violations concerning the vehicle while rented under this agreement. The RENTER/DRIVER(S) will promptly report such violations to Tidal Rentals Inc. and will hold Tidal Rentals Inc. harmless from all claims arising out of such a situation.

c. AUTHORIZED RENTER/DRIVER(S) releases and holds harmless the Tidal Rentals Inc. (and its agents and employees) from all claims for loss or damage to his or her personal property or that of any other person, which is left or carried in or upon the vehicle in or any other vehicle or premises of the Tidal Rentals Inc. by AUTHORIZED DRIVER, or by any other person, or which is received, handled or stored by the Tidal Rentals Inc., at any time before, during or after this rental, whether or not due to the Tidal Rentals Inc.'S negligence or fault.

d. NOTICE: In addition to all requirements of an AUTHORIZED RENTER/DRIVER(S) under the insurance policy, an AUTHORIZED RENTER/DRIVER(S) will immediately report any accident to the Tidal Rentals Inc. at the location where the vehicle was rented and will deliver to the Tidal Rentals Inc. at the location every Writ, Summons, Complaint or Paper of any kind received by an AUTHORIZED RENTER/DRIVER(S) in any way relating to any accident involving the vehicle while rented under this agreement.

An AUTHORIZED RENTER/DRIVER(S) also agrees to fully cooperate with Tidal Rentals Inc. in the invested national defense of any claim or lawsuit. e. In no event shall an AUTHORIZED RENTER/DRIVER(S) of the vehicle be deemed the agent, servant, or employee of Tidal Rentals Inc. in any matter or for any purpose whatsoever.

f. THE Tidal Rentals Inc. MAKES NO WRITTEN, EXPRESSED, OR IMPLIED WARRANTY AS TO ANY MATTER WHATSOEVER, INCLUDING WITHOUT LIMITATION THE CONDITION OF THE VEHICLE AND EQUIPMENT OR FITNESS FOR ANY PARTICULAR PURPOSE.

g. No right of Tidal Rentals Inc. under this agreement may be waived except in writing by an officer of Tidal Rentals Inc.

h. REPAIRS: RENTER/DRIVER(S) shall not permit any repairs to the vehicle or suffer any lien to be placed upon it without Tidal Rentals Inc.'s prior written consent. RENTER/DRIVER(S) shall be liable for any such repairs.

i. RENTER/DRIVER(S)authorizes Tidal Rentals Inc. or its AGENTS to obtain and share credit, and personal information with credit reporting agencies, credit bureaus, collection facilities, and/or driver's use validate agencies upon execution of said agreement within the Legislation of the Personal Information Protection and Electronic Documents Act.

j. RENTER/DRIVER(S) is liable for any damages sustained to the vehicle until it is inspected and accepted by Tidal Rentals Inc. (S250.00 service charge may apply to rentals returned early. An administration charge, not to exceed $100.00, will be charged to the RENTER/DRIVER(S) in the event of a credit card chargeback that is proved to be valid by the cardholder's issuing bank.

k. Authorized drivers shall comply with all jurisdictional highway and traffic laws and applicable seatbelt and chi restraint laws.

Fuel Policy

The vehicle must be returned at the same level of fuel as when rented to avoid a service charge of $25, plus any cost of fuel will be charged at $2.75 per liter.

Province travel or crossing the border to the USA

If traveling out of Maritime Provinces, this must be mentioned at the time of the rental. Tidal rental receives notification when vehicles cross provincial or territorial boundaries. Any non-authorized travel out of province or to the USA will incur a service charge of $100 above and beyond any additional charges.

Tidal Rental Reservations Commitments & Terms

All reserved vehicles will be held for 2 hours beyond your reservation time at the time of booking. If you are late by more than two hours, we can not guarantee you a car.

Rental Extension / Late Return Policy

We cannot guarantee any requested extension on existing rental, which will be based on availability. Any requests for extensions must be made via phone or email 48 hours before the original return time. Any extensions, if available, will be at the current rates, and we can not honor discounted rates for the extension period. The maximum rental duration per period is 30 days.