Terms

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Last Revised 5/15/23

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 SacTesla Holdings, 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. “Incidentals” means any additional cost incurred to Owner while rental agreement is in effect.

Renter Requirements

All renters & additional drivers must be 21 years of age or older (unless otherwise posted), have a valid driver's license & a major credit/debit 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 of America. SacTesla Holdings, LLC 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 may still be eligible to rent our vehicles on Turo. 

Additional Drivers

Additional drivers must meet the same rental qualifications as the renter. There will be no additional charge for each additional authorized driver including a spouse or domestic partner. There is a limit of 1 additional driver 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

SacTesla Holdings, 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. A separate refundable security deposit may be held at the time of booking, prior to pickup, at pickup, and/or after pickup. Security deposits start at $250. If your issuing bank returns a code of; insufficient funds, do not honor, and/or other code(s) restricting the ability to process the security deposit; your security deposit may be increased up to $1,000 or more depending on your insurance deductibles. Security deposits can not be used to extend or add extras to your booking. Security deposits are used in the event there is damage, tolls, tickets, incidentals, and/or other fees not included in the rental agreement. Security deposits are refunded to the same card used.

Cancellation Policy

• 7 days or more in advance of the booking start date; 100% refund less a 5% processing fee or $35, whichever is greater.
• 1 day or more in advance of the booking start date; 50% refund; Booking credit eligible.
• 1 day or less in advance of the booking start date and/or same day modification request(s) ie; 24 hours or less before booking start date; No refund; Booking credit eligible only.

Your booking is instantly approved pending final verification. See details about the verification process on our FAQ page. If you don't see an email/text in your inbox prompting you to complete your verification, be sure to check your "junk mail" folder. Bookings that cannot be verified within 24 hours of the reserved pickup date are subject to automatic cancellation in accordance with our 1 day or less cancellation policy.

Mileage Policy

Mileage allowance is 200 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 & Pet Policy

Smoking & Pets of any kind are NOT permitted within the Vehicle at anytime. Violation of this agreement will be fined upward of $350 or more depending on damage (odor and/or physical damage) and/or cleaning. A service animal or assistance animal is permitted. Animals whose sole function is to provide comfort or emotional support don’t qualify as service or assistance animals as referenced at https://www.ada.gov/service_animals_2010.htm

Charging Policy

Some Tesla Model S, 3, X, & Y include FREE Tesla Supercharging - the listing should be labeled if the Tesla includes free Supercharging. All Tesla Supercharger stations are located on all in Vehicle Tesla navigation system. Rates do not include “fuel” or “charging” unless otherwise specified. The renter agrees to replace electricity used or pay a recharging fee of $10 if returned with a charge level of 50-79% or $20 if returned with a charge level of 20-49%. Returning with a charge level of 19% or below will subject the renter to a $50 recharging fee plus any applicable tow and/or battery degradation fees that may become applicable. Vehicles returned with a charge level of 80% or above will have the recharge fee waived. 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. Any fees incurred from charging at a Tesla SuperCharger will be billed or subtracted from your security deposit (as of January 2021 it is 0.28/kWh in California. Please check the state where you'll be driving here ). Please plan your supercharging needs accordingly (Supercharger Map) as 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 lose its charge of around 2-3%/day (or more based on conditions). If parking overnight with a 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 on paved roads. No off-roading, driving on unimproved roads, parking areas, racing, testing, competitions, or otherwise. Canada and Mexico are prohibited.

Damage Policy

You are responsible for all physical and mechanical damage to the Vehicle, missing equipment, and our administrative expenses connected with any damage claim in accordance with California Civil Code section 1936, whether or not you are at fault. You are responsible for loss due to theft of the vehicle and all damage due to vandalism that occurs in connection with a theft, if you fail to exercise ordinary care while in possession of the Vehicle. You are responsible for damage due to vandalism not associated with theft of the Vehicle up to a maximum of $500. Allowing a person who is not an Authorized Driver to use the Vehicle is not an exercise of ordinary care, but a willful, and reckless act and is a breach of this agreement. 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 more 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. Flat tires and/or rim curb rash if applicable are the renters responsibility as well as any related damage that may result from that flat and/or rim curb rash 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 if applicable and then coordinate next steps with us. 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 rim curb rash the renter agrees to pay a minimum of $150 per damaged rim to have the rim reconditioned. In the event a rim is unrepairable ie: gouged, cracked, bent, deemed unsafe, etc the renter agrees to pay for a replacement rim. In the event of a collision or other damage, file a police report, take photos, gather insurance/ID from other party (if applicable). You must report all accidents and incidents of theft and vandalism to us and the police as soon as you discover them.

Breach of Agreement

The acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs outside the geographic limitations indicated on the agreement; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (l) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle's fluid/charge levels are low, or It is otherwise reasonable to expect you to know that further operation would damage the vehicle; (o) results from inadequately secured cargo; (p) where applicable, Is caused by anyone who lacks experience operating a manual transmission; (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.

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 or pets 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.

Connected Vehicle & Location Data

Vehicle may be equipped with a telematics system and/or dash cams with audio functions. 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 SacTesla Holdings, 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 SacTesla Holdings, 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. SacTesla 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 SacTesla Holdings, 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 SacTesla Holdings, LLC, LLC partner or Licensee and not SacTesla Holdings, LLC, its parent or any of its affiliated companies or persons.

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 https://sactesla.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, https://venmo.com, https://cash.app, https://www.zellepay.com, https://www.intuit.com, https://www.paypal.com/us/home & or https://stripe.com. SacTesla Holdings, LLC does not directly process payments through this website.
• All booking & scheduling system(s) are handled by https://fleetwire.io & or Turo
• All required documentation verification system(s) are handled by https://www.caisson.com, https://stripe.com/docs/identity.See more info at https://sactesla.com/faq