Rental Terms and Conditions
THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
RENTAL TERMS AND CONDITIONS
1. Entire Agreement.
2. General Information.
4. Meaning of Car.
5. Who May Drive the Car.
6. Return of the Car.
7. Where You’ll Return the Car.
8. Rental Charges.
9. Taxes, Surcharges & Fees.
10. Card Reserve.
11. Repossessing the Car.
12. Damage to/Loss of the Car.
13. Prohibited Use of the Car.
14. Fuel Service Charge.
16. Fines, Expenses, Costs and Administrative Fees
17. Liability Protection.
18. Indemnification and Waiver.
19. Property in the Car.
20. Currency Conversion.
21. Error in Rental Charges.
24. BMW Assist, MBrace, or equivalent programs (“In-Vehicle Technology”) and Satellite Radio.
25. Additional Services and Products.
26. Use of GPS Tracking Devices.
27. Connected Car & Location Data.
29. Eligibility Criteria for Certain Services.
30. Electronic Communications.
31. Other Important Provisions.
RENTAL TERMS AND CONDITIONS
1. Entire Agreement.These Terms and Conditions, any additional agreement signed by you, rental documents and a return record with computed rental charges together constitute the rental agreement (“Agreement”) between yourself and DK Conquest Luxury Rentals Inc.
2. General Information. You rent from us the car described on the rental document (or a similar vehicle) which rental is solely a bailment for mutual benefit. You agree to the terms below, provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs the Agreement, “we”, “our” and “us” refer to DK Conquest Luxury Rentals Inc. You also agree that you are not our agent for any purpose; and that you cannot assign or transfer your obligations.
3. Changes. Any change in the Agreement or our rights must be in writing and signed by an authorized DK Conquest Luxury Rentals Inc. officer. You further agree that we have the right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the DK Conquest Luxury Rentals Inc. web site. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the DK Conquest Luxury Rentals Inc. web site, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to the Terms and Conditions will be posted as they occur on the DK Conquest Luxury Rentals Inc. web site at www.dkconquestluxury.com and will govern all rentals even if the terms provided at time of enrollment are different.
4. Meaning of Car.The word “car” means the vehicle rented to you or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in the Agreement.
5. Who May Drive the Car. Vehicles are available to drivers over the age of 25, however, we may, upon our own discretion, rent to a driver between the ages of 21 to 25, and if so, an additional Underage Deposit will be required prior to rental. You represent that you are a capable and validly licensed driver. You agree that we have the right to verify that your license has been validly issued and is in good standing and remains in good standing as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license has been suspended, revoked, otherwise restricted in any way. We reserve the right to deny rentals based upon information about your license status, authenticity of the credential, or driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license or any other reliable source in the business of validating an identity or the driver’s license credential. We reserve the right to validate your driving credentials upon each individual rental. International drivers must present a valid passport and drivers license from your home country, along with a current copy of your drivers abstract from your home country. Only you may drive the car unless the other driver is listed in this rental agreement and has undergone the same screening process as noted above. The other driver must be at least 21 years old and must also be a capable and validly licensed driver. There may be a charge for each additional driver authorized to drive the car, which will be specified on the rental document. As the renter of the Agreement, you certify that you hold a valid driver’s license for the appropriate class authorizing you to drive the car or cars described in the contract and you undertake to ensure that no other person not listed in this contract will drive the car during your rental agreement term.
6. Return of the Car. You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time, and to the location specified in the rental document. You must return it sooner on our demand. If you return it earlier or later, a different or higher rate may apply and, if returned later, you may also be charged a late return fee and which may include additional days of rental charges. You may not return the car outside of the return location’s operating hours. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the rental document as a periodic rate will continue to accrue until the return location reopens and we retake actual possession of the car. Operating hours are detailed on the rental document. If we do not find the car when that location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us at 778-999-RENT (7368) or an otherwise approved method to request it before your return date. We
may or may not grant an extension or decline to grant it for the entire period you request, in 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.
7. Where You’ll Return the Car. The car must be returned to the agreed return location as specified on the rental document. If return is indicated to a location other than the location where your rental commences, you may have to pay a “one way service fee.” If you return the car to a different location from the agreed return location without our permission, you agree to pay the “Unauthorized return location fee” specified by us.
8. Rental Charges. Your reservation is for the above noted vehicle or similar vehicle and while we will do our best to ensure you receive your first choice of rental vehicle, the exact model and colour cannot be 100% determined until your pick up date. You will pay for the number of kilometers you drive and the period of time you rent the car at the rate indicated on the rental document. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus kilometerage, or a fixed fee. We will determine the kilometers by reading the factory-installed odometer or utilize the vehicle’s telematics device. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. A 10% deposit is required to hold your reservation and you authorize the remaining 90% to be automatically processed (using the same credit card you provide for the deposit) 7 days before your pick up date.
If you cancel or reschedule 7 days or less before your pick up date (or are a no-show at the time of rental), you will be charged a cancellation fee of 100% of the total rental cost. Upon renting the car, if you decide you would like to extend your rental past the original rental period, you are required to contact DK Conquest Luxury Rentals to confirm that the vehicle is available for the requested extra day(s). Once DK Conquest Luxury Rentals approves your rental extension, you authorize us to charge the credit card you have on file with us in full for the extra days
you requested. If you fail to comply with any conditions for special rates specified on the rental document our otherwise applicable rates will be charged. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges. a) You will pay a reasonable fee for cleaning the car’s interior upon return for excessive stains, dirt, odor or soilage attributable to your use as determined solely by us. b) If key(s) are not returned with the
car, you may be charged an additional fee. c) We maintain a non-smoking fleet, including e-cigarettes. You will pay an additional charge if you return the car and it smells of smoke. d) We maintain a no-pets or other animals fleet. You will pay an additional charge if you return the car and it has signs of an animal being present. e) 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 that you are authorized to do so. f) If you use a car with automatic toll payment capability, see the disclosures in our “Tolls” paragraph below.
9. Taxes, Surcharges & Fees.You’ll also pay all applicable taxes as well as any additional charges provided on the rental documents which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
10. Card Reserve. You acknowledge that you have been informed that if you use a credit card orb charge card, your credit, for the amount of the set damage deposit due under the Agreement, as indicated on the rental document, based on your representation about this rental, will be charged and set aside by DK Conquest Luxury Rentals, or reserved by the card issuer of the card, which you present for payment of your rental charges and damage deposit; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the set damage deposit due under the Agreement, based on your representation about this rental, as indicated on the rental document. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental, and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer. Release of the damage deposit funds typically take between 5 to 15 days for us to process in order for us to check for any fines, violations, etc.
11. Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to the following: it is found illegally parked, being used to violate the law or the terms of the Agreement, or appears to be abandoned. You agree that we needn’t notify you in advance. If the car is repossessed, you agree to pay the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the card you used to rent the car.
12. Damage to/Loss of the Car. If the car is lost or damaged as a direct or indirect result of a violation of Section 13, or damaged as a result of an act of nature, any insurance you purchased from DK Conquest Luxury Rentals is void and you are responsible for the full cost of repair or replacement, and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the greater of
the car’s retail fair market value or its value on our books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires and antenna, as part of your rental charges at the time of return. If the car is stolen and not recovered you will pay us the car’s fair market value before it was stolen. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and assign all of your benefits directly to us to recover all consequential and incidental damages including, but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. 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. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired, we will reimburse you for those repairs only if you give us the repair receipt.
How do I report a claim?
If you are involved in an accident, you must call our office immediately at 778-999-7368 and inform a member of our staff. If you are involved in an accident or the vehicle is damaged in any way for whatever reason, or warning lights appear on the dash, you are required to pull over the vehicle safely, cease driving, and wait for a member of our team to instruct you further. If you continue to drive or operate the vehicle after an accident or damage to the vehicle of any kind, or if you continue to drive or operate the vehicle while any warning lights appear or have appeared on the dashboard during your rental, the Insurance you purchased from DK Conquest Luxury Rentals will be void and you are responsible for the full cost of repair or replacement of the vehicle and you will pay us for all loss of or damage to the vehicle regardless of cause, or who, or what caused it.
13. Prohibited Use of the Car. Certain uses of the car and other things you or a driver may do, or fail to do, will violate the Agreement and, in addition to anything else may cause us to refuse future rentals to you. A VIOLATION OF THIS SECTION, WILL AUTOMATICALLY TERMINATE YOUR RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION, VEHICLE DAMAGE PROTECTION, AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO SUPPLEMENTAL LIABILITY INSURANCE,
PERSONAL ACCIDENT AND EXTENDED ROADSIDE ASSISTANCE. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR.
It is a violation of this paragraph if:
a. You use or permit the car to be used: 1) by anyone other than an authorized driver, as defined in Section 5; 2) to carry passengers or property for hire; 3) to tow or push anything; 4) to be operated in a test, race or contest, or on unpaved roads; 5) while the driver is under the influence of alcohol and/or a controlled substance and/or otherwise impaired; 6) for conduct that could be charged as a crime such as a felony or misdemeanor, including the transportation of a controlled substance or contraband, or illegal devices; 7) recklessly including excessive
speed, with negligence including continuing to drive after an accident or damage to the vehicle of any kind, or continuing to drive while warning lights appear or have appeared on the dash at any point during your rental, or while vehicle is overloaded; or 8) if the car is driven outside of Canada without our expressed permission.
b. You or an additional driver, authorized or not: 1) fail to promptly report any damage to or loss of the car when it occurs, or when you learn of it and provide us with a written accident/incident report or fail to cooperate with our investigation; 2) where required by law, failed to report an accident to law enforcement; 3) obtained the car through fraud or misrepresentation; 4) leave the car and fail to remove the keys or close and lock all doors, close all windows and the trunk and the car is stolen or vandalized; 5) intentionally or with willful disregard or negligence cause or allow damage to the car, or 6) return the car after hours and the car is damaged, stolen or vandalized or otherwise failed to take reasonable steps to secure the car, its keys or other remote entry and starting devices.
c. Driving or operating this car while using a hand-held wireless communication device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages shall be deemed a breach of this contract. If it determined when monitoring the Connected Car & Location Data (described in Section 27), that you have used
the vehicle for any of the Prohibited Uses listed above, then you will be charged an additional $1,000 per prohibited event and potentially be banned from renting from DK Conquest Luxury Rentals Inc. in the future.
14. Fuel Service Charge and Allowed Kilometers.If you return the car with less fuel than was in it when you received it, we will charge you a fuel service charge at the applicable per-kilometre rate specified on rental documentation. Your rental includes 125km per day unless otherwise stated on the Rental Agreement. Any overages of kilometers will be charged at a certain rate per 1 kilometer depending on the vehicle rented. Upon your return of the rental vehicle, we will check for any kilometer overage. By signing this Rental Agreement, you agree that any extra kilometers will be calculated and automatically charged to your credit card that was used for the booking. To calculate the fuel service charge amount, we multiply the number of kilometres driven, as shown on the car’s odometer (or provided by the vehicle’s telematics device), times the per-kilometre rate shown on the rental document. If you return the vehicle with less fuel in the tank than when you received the vehicle, you will be charged for the cost to refill the tank as well an an administrative fee. You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it using only Premium grade (91+ octane) gasoline. There is a $350 fee for filling up with a lesser grade. We will be able to tell if the tank is filled with lower grade gasoline.
15. Tolls. You are responsible for any and all tolls incurred during your rental. You agree to pay us for all toll fees incurred during your rental and all related fees, charges and penalties. The charges may take 4-8 weeks after the rental to be billed to your credit card on file and you authorize us to charge your credit card on file for those costs.
16. Fines, Expenses, Costs and Administrative Fees. You’ll pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. You will also pay a reasonable administrative fee with respect to any violation of the Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines and penalties on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee. You agree and acknowledge that we cooperate with all federal, provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. You authorize us to release the rental and credit/debit card information regarding your rental to either ATS Processing Services, LLC (ATS) or Violation Management Services (VMS) as our agent or another agent we appoint for the purpose of processing and billing you for any tickets, citations, fines and penalties incurred by you or assessed against us or the car during your rental plus a reasonable administrative fee not to exceed $150 per violation. You authorize as our agent ATS, VMS or another agent we appoint to bill you directly to the credit/debit card you used to rent the car. You authorize ATS, VMS or another agent we appoint to contact you directly regarding any tickets, citations, fines and penalties incurred by your or assessed against us or to our car while the car was rented to you. In the event we use a third party collection and or agent to resolve any tickets, citations, fines and penalties, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You agree to indemnify and hold us, ATS, VMS and any other agent we appoint harmless for any tickets, citations, fines, penalties and administrative fees.
17. Liability Protection. Each Driver is required to purchase the basic Luxury Insurance Policy from DK Conquest Luxury Rentals Inc. when renting a vehicle. The Luxury Insurance Policy is subject to the terms detailed in this entire Rental Agreement. Any breaches of the Rental Agreement will void any Luxury Insurance Policy purchased and you will be liable for all damage to the rental vehicle, Loss of Use as a result of damage to the rental vehicle, injury or death, damage to property of another, and loss of property of another. All prices are in Canadian Dollars.
Basic Luxury Policy
3rd Party Liability Coverage (injury or death of another, or loss of or damage to property of another)
Collision & Comprehensive Coverage
You are covered for damage to the vehicle excluding any damages caused by a direct or indirect violation of Sectional 13 of this Rental Agreement or as a result of an act of nature, in which case the Driver is responsible for all damage to the vehicle.
Loss of Use Coverage
You will pay the Daily Rental Fee, without regard to our fleet utilization or discount, for the entire duration that the vehicle is being repaired and not rentable for any accident, regardless of fault. You will also pay any administrative fees, plus towing and storage charges, if any.
Any Driver who is authorized to drive our vehicle as per their Rental Agreement with DK Conquest Luxury Rentals Inc. will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the amount set forth in the Luxury Insurance Policy they purchased or the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. If injury or death of another, or loss of or damage to property of another occurs as a direct or
indirect result of a violation of Section 13, or as a result of an act of nature, your entire Luxury Insurance Policy will be void and, as per Section 12, you will be responsible for all damage and/or injury. If the vehicle is lost or damaged as a direct or indirect result of a violation of Section 13, or damaged as a result of an act of nature, your entire Luxury Insurance Policy will be void and as per Section 12, you will be responsible for and will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. The limit for bodily injury sustained by
any one person includes any claim for loss of that person’s consortium or services. Where the law extends this protection to a non-permitted driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by the Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by the Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply. You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. You understand that unless required by applicable law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no fault, noncompulsory uninsured or underinsured motorist coverage, and any other optional or rejectable coverage and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused
by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages. There is no coverage in USA or Mexico, and the car may not be taken into USA or Mexico under any circumstances unless special arrangements are made for separate USA or Mexican insurance, where such insurance is available.
DAMAGE DEPOSIT TERMS & CONDITIONS
Please note that in the event of any damage to the vehicle, the repair cost of the damage will first be taken from the damage deposit funds held by DK, under the below terms, and by signing this Rental Agreement, you authorize DK Conquest Luxury Rentals to charge your credit card your provided for the rental for the remaining Insurance Deductible, if applicable.
If the total cost for repairs is valued under the amount of the Damage Deposit held by DK, then the repairs will be paid for using the Damage Deposit funds and any excess funds, after loss of use has been calculated and charged, will be refunded to you.
If the total costs for repair exceeds the amount of the Damage Deposit held by DK, then an insurance claim will be opened by DK Conquest, assuming there has been no violation of Section 13 of this contract. If the vehicle is damaged or loss of vehicle is caused by a direct or indirect result of a violation of Section 13, then you will be responsible to pay us directly for any and all costs associated with repairing or replacing the vehicle, loss of use, and any others associated costs, and you authorize and agree that DK Conquest will automatically charge the credit card you provided to DK Conquest during your rental for the vehicle repair cost.
18. 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 the Rental Agreement, 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.
19. Property in the Car. 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.
20. Currency Conversion. If you use a credit or charge card that is issued by a financial institution outside of the Canada and your charges are billed to us in a currency other than Canadian Dollars, the full amount of your charges will be converted to the card account’s billing currency by us unless you have instructed us not to perform the conversion process on your personal account profile or submitted a written request in advance to have the currency conversion performed by your card issuer. Our conversion will be based on a conversion rate published by Reuters and will incorporate a processing charge no higher than 3% applied to all amounts relating to the transaction. This charge will replace the currency conversion processing charge applied by your card issuer. You understand that your card issuer has a currency conversion process; that you have chosen not to use your card issuer’s currency conversion process; and that you will have no recourse against your card issuer with respect to any matter related to the currency conversion or disclosure thereof.
21. 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.
22. Collections. If you do not pay all amounts due to us under the Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car 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 of 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.
23 Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration or in a small claims proceeding), you and DK Conquest Luxury Rentals Inc. agree that we shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you are intending to assert a claim against DK Conquest Luxury Rentals Inc., you must send the written notice of the claim to Attention: DK Conquest Luxury Rentals Inc., 1496 W.72nd Avenue, Suite 207, Vancouver, BC, V6P 3C8 Attn: Legal Department. If DK Conquest Luxury Rentals Inc. is intending to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF). Dispute Resolution (Not applicable if mandatory arbitration is prohibited by consumer protection legislation, such as in Quebec): Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and DK Conquest Luxury Rentals Inc. arising out of, relating to or in connection with your rental of a car from DK Conquest Luxury Rentals Inc. and these Terms and Conditions shall be exclusively settled through binding arbitration through DK Conquest Luxury Rental’s selected Arbitrator. There is no judge or jury in arbitration. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. YOU AND DK CONQUEST LUXURY RENTALS INC. AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Notwithstanding any provision in these Terms and Conditions to the contrary, if the class-action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to arbitration. If you are an individual (instead of, for instance, a partnership, corporation, or other form of entity or non-natural person), in the event that (1) your claim is less than $10,000, and (2) you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, DK Conquest Luxury
Rentals Inc. will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. This arbitration agreement is subject to the Federal Arbitration Act. The arbitrator’s award may be entered in any court of competent jurisdiction. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if DK Conquest Luxury Rentals Inc. seeks to delete or materially modify the agreement to arbitrate from this dispute resolution provision, any such deletion or material modification will not apply to any individual claim(s) that you had already provided notice of to DK Conquest Luxury Rentals Inc. Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a car related to your DK Conquest Luxury Rentals rental, are exempt from the foregoing dispute resolution provision.
24. BMW Assist, MBrace, or equivalent programs (“In-Vehicle Technology”) and Satellite Radio.The words “InVehicle Technology” refer to BMW Assist, MBrace, or equivalent programs. You acknowledge that the car may be equipped with In-Vehicle Technology, which provides emergency, navigation, diagnostics, tracking and other services. You expressly authorize all of those services. You acknowledge that you understand that In-Vehicle Technology requires the car’s electrical system and equipment, cellular service and satellite technologies to be available and operating for In-Vehicle Technology to function properly. Not all In-Vehicle Technology services are available on all cars. In-Vehicle Technology programs acts as a link to existing emergency and other service providers. Services are limited by, and neither In-Vehicle Technology nor DK Conquest Luxury Rentals Inc. is liable for, conditions or services outside their control. Any information (e.g. navigational route support) provided through In-Vehicle Technology programs is on an “as is” basis. In-Vehicle Technology, its service providers and DK Conquest Luxury Rentals Inc. will not be liable to you or any user of In-Vehicle Technology in connection with the use of such information. You understand and agree that In-Vehicle Technology may provide us and/or law enforcement with all necessary information to enable us and/or law enforcement to locate the car, if you fail to return the car when and where required under the Agreement. You agree to release and hold us, and the In-Vehicle Technology service providers, harmless for any In-Vehicle Technology system failures. You also agree to limit claims against In-Vehicle Technology for damages for any losses under any theory to the pro rata portion of the rate for use of the car for one day. If your rental car has active In-Vehicle Technology equipment, you understand that your use of the car is subject to the In-Vehicle Technology Terms and Conditions and Privacy Statement. Further details regarding the In-Vehicle Technology Terms and Conditions and Privacy Statement are available on each respective company’s website. By proceeding to rent the car and sign this contract, you authorize the provision of In-Vehicle Technology services in accordance with and to be bound by the In-Vehicle Technology Terms and Conditions and Privacy Statement. Not every car is equipped with In-Vehicle Technology and or Satellite Radio. Some cars in our fleet may have the In-Vehicle Technology and or Satellite Radio equipment however such equipment may not be active. Unless you are advised that you have a car with In-Vehicle Technology and or Satellite Radio you will not have access to the systems and you should not rely upon them or take steps to activate them. Renters shall not activate any service and in the event that a renter does activate a service in violation of this provision, the renter agrees to be completely responsible for the annual subscription and/or cancellation fee(s).
26. Use of GPS Tracking Devices.We use GPS tracking devices to track or locate cars which may be reported stolen, suspected of being lost, stolen or abandoned, or as may be required by law enforcement, or to identify cars which have been damaged and may require roadside assistance, 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 as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services.
27. Connected Car & Location Data.
Equipment. Certain cars contain devices that monitor the car’s condition, performance and operation, track fuel consumption, distance travelled, location and other information (the “Connected Car Data”), and may transmit such Connected Car Data to us, our third party providers and/or the car manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the car are turned off. We cannot guarantee that a car without these features will be available at your time of rental. These devices may have been installed by us, on our behalf, or by the car manufacturer. If the devices are installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personal information (PI), unless authorized by you, necessary in connection with the provision of services provided through such car manufacturer, or required by law. We may enter into agreements with car manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third party processor with your personal information (PI), 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 Car 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 car rental e.g. start your rental, exchange or upgrade your car; (iii) to enable us to better understand how our cars 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 cars 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 DK Conquest Luxury Rentals Inc. 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 cars 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 Car Data is collected, used, retained & disclosed for purposes stated in the Privacy section below.
If it determined when monitoring the Connected Car & Location Data, that you have used the vehicle for any of the
Prohibited Uses listed in Section 14, then you will be charged an additional $1,000 per prohibited event and potentially be banned from renting from DK Conquest Luxury Rentals Inc. in the future.
28. Privacy. We collect, use and share your personal information (PI) with affiliates, licensees and other third parties to: (a) provide and administer the services you request, including use of corporate discounts and loyalty programs; (b) carry out relevant identity, fraud, security, driving license and credit checks; (c) maintain, develop and improve the administration and management of our services; (d) protect our interests and enforce our rights, including pursuing available remedies or limiting damage that we may sustain; (e) protect the rights, privacy, safety and/or property of you and others; (f) comply with or as permitted by law; and (g) provide you with information about goods and services we think may interest you, unless you opt out. You may limit the use and sharing of your PI for marketing purposes, and you may access or correct your PI. Also see the Connected Car & Location Data section above. This information may be used by us during and after the rental period (if applicable law allows). By accepting these Terms and Conditions, you consent to your personal data being used and shared as detailed
above. By requesting and using our services, you expressly agree to our collection, use and sharing of your PI for as long as the law allows.
29. Eligibility Criteria for Certain Services. You must meet the following criteria to obtain or utilize certain services that may be made available to DK Conquest Luxury Rentals Inc. customers: (i) you have accepted the terms and conditions of the Agreement; (ii) you have provided your express consent permitting the collection, use and sharing of data and information received from our cars as detailed in these Terms and Conditions; (iii) you have a valid credit card on file with DK Conquest Luxury Rentals Inc.; and (iv) you have a valid driver’s license on file with DK Conquest Luxury Rentals Inc.
30. Electronic Communications. When you rent a vehicle with DK Conquest Luxury Rentals Inc., you have the option to receive messages to the email addresses that you have registered with us. We may send you email messages in connection with (i) your rental transactions, and (ii) offers and promotions that may be of interest to you. You may opt-out at any time from offers, promotions, marketing and other communications by sending an email to email@example.com with “Marketing Opt-Out” in the subject line. You may also contact us at DK Conquest Luxury Rentals Inc., 1496 W.72nd Ave, Suite 207, Vancouver, BC, V6P 3C8 to withdraw your consent. Please note that we may still send you messages about your rental transactions and certain other messages, subject to applicable law.
31. Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another organization, but this will not affect your rights or our obligations. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those
obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of these Terms and Conditions operate separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining provisions will remain in full force and effect.
I accept and agree to the above Terms & Conditions set forth by DK Conquest Luxury Rentals Inc.