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WTP Car Rentals
Terms and Conditions

The Agreement is between WTP Car Rentals ("Company") and the renter ("Customer"). By checking the box at the end of this agreement, the renter acknowledges, agrees to, and accepts these terms and conditions.

Please be aware that this Agreement is not a Rental Agreement (as defined below). Entering into this Agreement does not grant Applicant access to or use of any Vehicle (as defined below). Applicant must also enter into a Rental Agreement with WTP Car Rental (as defined below) in order to access and use any Vehicle.

 

1.    Definitions: 

  • WTP Car Rentals: refers to Where’s The Party, LLC dba WTP Car Rentals.

  •  Renter:  refers to the individual renting the vehicle.

  • Authorized Driver: means, (i) Subscriber (as defined below), and (ii) with Subscriber’s permission, Subscriber’s spouse or domestic partner (same or opposite sex) who: (A) permanently resides with Subscriber; and (B) meets the minimum age, license, and other Eligibility Criteria (as defined below) specified in this Agreement and the Rental Agreement.

  • Vehicle: refers to the vehicle that may be reserved or operated by renter (or operated by another Authorized Driver) that is made available subject to the terms of this Agreement and only upon the execution of a Rental Agreement pertaining to that Vehicle.

  • Rental Agreement:  means each fully-executed Vehicle rental agreement that renter enters into with an WTP Car Rentals, which agreement may have jurisdiction-specific terms that differ from state to state, and that Subscriber must execute prior to use of each Vehicle.

  • Violations: means any fees, penalties, fines, tickets, citations, violations, tolls and other costs, including, without limitation, parking, speeding, or other violations, incurred in connection with a Vehicle, and any related fines, fees, expenses, penalties or other amounts due in connection therewith.

  • Improper Return: An improper return occurs when a renter fails to pay an invoice when it is due or fails to return a vehicle to the authorized drop-off location at the renter's reservation time.

  • Negligence:

    • Distracted Driving: This includes any case where Renter is distracted by something and not paying attention to the road. Texting-while-driving and eating-while-driving are common examples of distracted driving.

    • Reckless Driving: Reckless driving defines situations where Renter carelessly handles the vehicle and/or drives in an overly aggressive manner. For example, a case of someone swerving back and forth between lanes is considered reckless driving.

    • Disobeying Traffic Laws: Renter ignores or disobeys traffic laws intentionally or accidentally. This includes, but is not limited to, driving behaviors like rolling stop signs, driving above posted speed limits, and not stopping at red lights.

    • Driving Under the Influence: Driving under the influence of drugs or alcohol is extremely dangerous. Driving under the influence (commonly known as DUI) occurs when someone operates a motor vehicle under the effects of having consumed liquor, or illegal substances. DUI can also occur when a Renter consumes prescription drugs intentionally or accidentally that debilitate, cause drowsiness, affect alertness, or reduce cognitive abilities.

    • Any other type of driving behavior that violates Renter’s legal duty to act reasonably and carefully while operating a motor vehicle.
       

 

2.    General Terms:

  • The Agreement is between WTP Car Rentals ("Company") and the renter ("Customer").

  •  All drivers must be at least 25 years old and possess a valid driver's license.

  • The Customer agrees to provide accurate personal information.

 

3.    Rental Period:

  • The rental period begins on the date and time the vehicle is picked up and ends on the agreed return date and time.

  • Early returns may not qualify for a refund. Late returns may incur additional charges.

 

4.    Driver’s Requirements:

  • All drivers must be at least 25 years old and hold a valid driver’s license displaying their appearance, and that is not suspended, confiscated, revoked, or expired.

  •  A driving record free of major violations may be required.

  • Possess and use for payment of any Fees owed hereunder a valid bank-issued credit or debit card (no pre-paid debit cards) issued in their name; and

  •  Possess a verifiable current email and physical address.

  • $250 deposit shall be retained to be used, in the event of loss of or damage to the Vehicle during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement.

  • Insurance and Liability:

    • Additional insurance options are available for purchase.

    • Full coverage insurance, encompassing Car Rental Collision Protection and Liability Protection in accordance with South Carolina state law requirements, is mandatory with every car rental.

    • The renter agrees to be responsible for any damage, loss, or theft of the vehicle, up to the full value of the car.

 

5.    Parking

  • Renter must return vehicle and park in a well-lit area in a designated parking space that:

    • has no parking limit, or

    • has a minimum limit of one (1) hour past return time in rental agreement (or any approved extensions), or

    • Renter must text a description and picture of vehicle location to 619-919-1790 or email description and picture of vehicle location to wtpcarrentals@gmail.com prior to leaving the parking location.

  • There will be no exceptions to the requirement for Renter to return Vehicle to same location as booked pick up location unless Renter gains written permission from WTP Car Rentals acknowledging and approving an alternate location for Vehicle return. There may also be an additional fee for alternate return which will be stipulated at the same time as written permission is provided by WTP Car Rentals. This additional fee becomes due and payable immediately after written permission is provided.

  • If the Vehicle is towed based on Renter’s failure to adhere to these terms, Renter will be charged for towing fees which will be due and payable immediately. If additional fee for alternate return location or towing fees are not paid within seven (7) calendar days, Renter may be susceptible to being banned from renting from WTP Car Rentals in the future and additional steps may be initiated to turn the past due (additional fee) amounts over for collection.

 

6.    Insurance and Liability:

  • Full coverage insurance, encompassing Car Rental Collision Protection and Liability Protection in accordance with South Carolina state law requirements, is mandatory with every car rental.

  • The renter agrees to be responsible for any damage, loss, or theft of the vehicle, up to the full value of the car.

  • WTP Car Rentals hereby warrants to Renter that WTP Car Rentals possesses commercial car insurance that covers personal injury to Renter(s) and other authorized drivers added to the rental agreement contract up to $25,000 per person and up to $50,000 per accident as well as the Vehicle (up to $45,000 depending upon the appraised value of the vehicle at the time of accident) and the property damage of up to $25,000. Additional persons transported within the vehicle will only be covered to the extent required by law and/or insurance policy. Any additional amounts or damages in excess of what is expressly listed here is solely Renter’s responsibility. If the Rental Vehicle is damaged or destroyed while it is in the possession of Renter, Renter agrees to pay any required insurance deductible and assign all rights to collect insurance proceeds to WTP Car Rentals.

  • If Renter is found to have acted with negligence during the course of an accident, Renter may also be subject to legal recourse by local authorities and injured parties (to include persons involved in the accident and WTP Car Rentals).

 

7.    Vehicle Use:

  • The vehicle must be returned in the same condition as it was rented, except for ordinary wear and tear.

  • Smoking in the vehicle is prohibited and will result in a cleaning fee of up to  $1000.

  •  The vehicle may not be used for any illegal purposes or driven outside the United States without prior approval.

  • Renter is only allowed to transport pets when all of the following have been met:

    • Permission from WTP Car Rentals has been given,

    • In a vehicle labeled pet friendly, and

    • If a refundable cleaning fee of $200 has been paid


8.    Maintenance and Repairs:

  • The vehicle is provided in good operating condition and should be returned in the same.

  • In case of any mechanical issues, contact the company immediately. Unauthorized repairs are not allowed.

  • If any type of mechanical failure (including wheel and/or tire repairs or check engine light illuminated) were to occur during the duration of this rental, you must contact WTP Car Rentals immediately. Any delay in providing notice of mechanical failure may void any warranty or implied coverage Renter may be eligible for. 

  • In the event of mechanical failure on the road, Renter must pull over immediately once reaching an area free from threat of physical harm to Renter and Vehicle. Never leave vehicle unattended unless it is parked in a legally approved parking location or a private location Renter has received written permission to utilize.

  • If Renter does not contact WTP Car Rentals and obtains and/or authorizes for repairs to be completed or Renter personally completes repair, authorizes towing services, or obtains other automotive services requiring financial compensation, Renter may be held liable for those charges. 

  • Reimbursement for unauthorized repairs and/or services performed to the Vehicle is solely at the discretion of WTP Car Rentals. Further, repairs and/or services performed by Renter personally, performed incorrectly (with the wrong parts, performed at an unlicensed repair shop, or performed by an unlicensed repair technician/mechanic) or unnecessarily will be Renter’s obligation. If the repairs or services to Vehicle without WTP Car Rentals’s authorization result in these issues: additional repairs being necessary, excessive depreciation of the vehicle, voided warranty currently on the vehicle or any other

  • If Renter continues to operate the vehicle without regard for the mechanical failure for a prolonged or otherwise unreasonable amount of time, Renter will be held liable for damages determined to be caused by continued or prolonged operation of a Vehicle with an existing mechanical issue.
     

 

9.    Fuel Policy:

  • Vehicles must be returned with the same level of fuel as at the start of the rental. Refueling charges apply if returned with less fuel.

 

10.    Fees:

  • Rental fees are set forth in the confirmed and paid rental booking via WTP Car Rental’s website (www.wtpcarrentals.com).

  • Fees may change if the renter makes an error. For example, booking and paying for a “1 Week” rental instead of a “Holiday Week” rental during WTP Car Rental’s “Holidays Observed” dates will result in an increased fee.

  • Rental fees for the duration of the booking will not increase unless due to renter’s error.

  • Extensions to the rental end date or time have no guarantees pertaining to fee rates.

  • Rental fees may change at any time without notice, and rates may fluctuate to fit demand or cover WTP Car Rental’s expenses.

 

11.    Late Payment fee:

  • A $20 late fee will be charged if the renter is 30 minutes to an hour late returning the vehicle.

  • If the renter is more than an hour late paying the invoice, they will be charged for another day, and WTP Car Rentals will automatically cancel the rental agreement, and within 24 hours, the vehicle will be repossessed.

  • The renter will accrue late fees of $20 per day until the vehicle is recovered. This daily late fee is in addition to any daily rental, mileage, damage, towing, or other additional fees included in the original agreement. The daily late fee accrues on a 24-hour basis beginning exactly 31 minutes after the rental period ends.

  • Rental Agreement Cancellation:

    • If the rental agreement is canceled or terminated due to an improper return, the renter forfeits their deposit.

    • The renter must pay the costs accrued to retrieve the vehicle if they fail to respond to requests to return the vehicle, abandon the vehicle, force a trip cancellation, or for any other reason determined. 

 

12.    Smoking Fees:

  • If any physical evidence of smoking is found, or if a smoky odor exists, renters will be assessed a fee.

  • Physical evidence of smoking includes any type of ash, cigar/cigarette butts, cigar wrappers, cigar tobacco, marijuana leaf/buds, burns to upholstery/interior surfaces, drug paraphernalia, vape pens, vape pen cartridges, e-cigarettes, and e-cigarette cartridges.

  • Smoking damages and permeates interior surfaces, filters, and ventilation systems. All types of smoking, including vaping, are prohibited in the vehicle.

  • If the vehicle is returned smelling of smoke, including e-cigarette vapors, a cleaning fee will be assessed.

  • Heavy fragrances sprayed within the interior to cover or mask smoke smells will incur an additional cleaning fee.

  • Staining of vehicle vents, interior upholstery, or interior surfaces by fragrance products, cleaning products, or other liquids introduced by the renter will result in additional cleaning fees and a 3% processing fee.

  •  Smoking Fee Tiers:

    • Tier 1 Fee $150: Physical evidence of smoking in the vehicle, no burns to interior surfaces, no smoke smell, no staining of interior surfaces, or heavy odor/fragrances.

    • Tier 2 Fee $250: Physical evidence of smoking including smoke smell, no heavy fragrances, no burns to interior surfaces, minor staining of interior surfaces not including interior surface paint stripping/color removal.

    • Tier 3 Fee $450-$1000: Physical evidence of smoking and/or smoke smell, burns to interior surfaces, heavy fragrances, minor to severe staining of interior surfaces including interior surface paint stripping/color removal, complete detailing and cabin filter replacement necessary, reupholstery of interior necessary, replacement of vent covers, replacement of hard surfaces in interior necessary.

 

13.    Service Animal and Pet Fees:

  • Renter is only allowed to transport pets when all of the following have been met:

    • Permission from WTP Car Rentals has been given,

    • In a vehicle labeled pet friendly, an

    • If a refundable cleaning fee of $200 has been paid

  • If Renter have not done so already, please pay pet deposit for transportation of pets immediately or you will be susceptible for pet cleaning charges and fees. Renter may also be precluded from renting from WTP Car Rentals in the future. However, all precautions need to be taken to prevent these occurrences:

    • Shedding of hair (or skin) in the interior of vehicle 

    • Damage to the vehicle exterior or interior including, but not limited to:

      • Tears, rips to soft surfaces

      • Chewing of interior hard and/or soft surfaces

      • Pet feces, urine or vomit within the interior or exterior of vehicle

      • Pet food or treats staining the hard and/or soft surfaces of the vehicle

      • Pet carrying cases and/or cages tearing, ripping, scratching, stripping or creating demarcations within the exterior and/or interior of the vehicle

  • Please use all precautions when transporting pets within the vehicle. Damages by pets are treated with the same severity of damages caused by humans.

 

14.    Deposit: $250

  • WTP Car Rentals shall retain this deposit to be used, in the event of loss of or damage to the Vehicle during the term of this Agreement, to defray fully or partially the cost of necessary repairs or replacement. 

  • In the absence of damage or loss, said deposit shall be credited toward payment of the rental fee and any excess shall be returned to the Renter. If deposit amount is $0, waiver of deposit is based on completion and acceptance of the terms of Credit Card Authorization (CCA) contract. The CCA authorizes WTP Car Rentals to keep a credit card (or debit card) on file for current and future charges pertaining to Vehicle rental. 

  • If Renter does not wish to have a credit card (or debit card) stored on file, Renter can choose to pay a deposit prior to the start of Rental Period. Debit cards kept on file must be connected to a checking account within a bank to waive the deposit. Debit cards kept on file cannot be Prepaid Cards. Debit cards will be verified by photo or in person and must match the Renter. Renter is not authorized to store a card on file that he or she is not the WTP Car Rentals of. Deposits are based on risk factors and may vary from person to person. Deposits range from $250 to $1000. Deposit amounts may fluctuate or be adjusted to fit demand or cover WTP Car Rentals’ expenses.

 

15.    Authorized Drivers

  • Only those who are a party to this Agreement, sign the Agreement, have a current valid driver’s license, meet WTP Car Rentals’ driving history requirements and are authorized to operate the Vehicle will be permitted to drive the Vehicle. Any other drivers are prohibited from operating Vehicle. Authorized Drivers cannot be solely held liable for any fees or damages unless they are willing to acknowledge liability in writing.

  • When the liable party for damages that occur during this Agreement and any future extensions to it cannot be determined, all damages will revert back to Renter for the purposes of this contract. Since damages cannot be determined unless they are acknowledged by a specific party, Renter must understand that Renter bears the overwhelming majority of liability within this Agreement.


16.    Extensions: 

  • You may extend your rental day and/or time as long as the vehicle is not already booked for rental or maintenance during the extended rental dates or times. If an extension is not available for you at the completion of your rental, you are required by law to return the vehicle on the contract end date and time.

  • Extensions must be requested in writing via text message to (864) 365-1996 or in writing via email to wtpcarrentals@gmail.com and confirmed by WTP Car Rentals no later than four (4) hours prior to your end date and time. If you are granted extension with less notice than four hours at any time, it does not set president for this same accommodation to occur in the future and by no means absolves you of notice requirement.

 

17.    Tracking Device Policy:

  • The vehicle is equipped with a tracking device, which is prohibited from being removed by the renter.

  • If the tracking device is removed, WTP Car Rentals will treat this act as an aggression towards theft.

  • A warning will be initiated via text message if the tracking device loses connection.

  • If the renter does not contact WTP Car Rentals via text message to (864) 365-1996 or email to wtpcarrentals@gmail.com within one hour, and/or connection to the tracking device is not re-established, a Demand Letter for possession of the vehicle will be sent via email and certified postal mail by WTP Car Rentals.

  • The procedure for a stolen vehicle will be initiated, and the renter will be subject to any civil or criminal penalties that may result from continued possession of the vehicle.

 

18.    Lost Key Fee:

  • Renter will be charged a Lost Key Fee if the key is not returned. The Lost Key Fee ranges from $150-$1000.

  • If the vehicle is stolen due to renter’s negligence pertaining to improper key return, the renter may be liable for additional fees including vehicle towing, recovery, collision, damage, and loss of use fees based on the daily rate of the booked vehicle until it is back in use.

  • Adherence to the Vehicle key return policies described in the Key Return Addendum is mandatory.


19.    Termination:

  • The company reserves the right to terminate the rental agreement for any violation of these terms and conditions.

  • Upon termination, the renter must return the vehicle immediately.

20.    Governing Law: 

  • The laws of the State of South Carolina in the United States without regard to any conflict of law principles govern this Agreement. 

  • No action, arising out of the transactions under this Agreement may be brought by either Party more than one year after the cause of action has accrued. 

 

21.    Representations and Warranties

  • Mutual Representations, Warranties, and Covenants. Each Party hereby represents, warrants, and covenants to the other Party that: 

    • each Party has the full right, power, authority, and capacity to enter into this Agreement and perform its obligations hereunder; 

    • when executed and delivered, this Agreement shall constitute a legal, valid, and binding obligation of each Party, enforceable against such Party in accordance with its terms and conditions; and

    • each Party has obtained and shall maintain all rights, approvals, and consents necessary to exercise its rights and perform its obligations under this Agreement.

  • Renter Representations and Warranties. In addition, Renter represents, warrants, and covenants that:

    •  Any and all information that Renter or any Authorized Driver provides or otherwise makes available to WTP Car Rentals is and throughout the Term shall remain true, correct, and complete (including, without limitation, payment card and billing address information);

    • Renter and any Authorized Driver meet and shall continue to meet all Eligibility Criteria during the Term; and

    • Renter and any Authorized Driver shall comply with all applicable laws in applying for and using the Rental Service, as applicable, and Renter shall not perform or fail to perform any act that renter knows or reasonably should know would place WTP Car Rentals and/or any WTP Car Rentals in violation of any applicable laws.

 

22.    Disclaimers and Limitation of Liability

  • Disclaimer. The rental service is provided on an “as is” and “as available” basis. Except as expressly set forth herein, WTP Car Rentals expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. 

  • WTP Car Rentals makes no warranty that the rental service will meet Renter’s requirements or will be uninterrupted, timely, unfailingly secure, error-free, or that the rental service will meet Renter’s expectations. Renter expressly acknowledges and agrees that no advice or information, whether oral or written, obtained by Renter from WTP Car Rentals or through or from the rental service shall create any warranty not expressly stated herein. 

  •  WTP Car Rentals also disclaims any and all liability for or in connection with (i) the acts, omissions, and conduct of (a) any third parties in connection with or related to Renter’s use of the rental service; or (b) any WTP Car Rentals; and (ii) any vehicle access or use. Renter’s sole remedy against WTP Car Rentals for dissatisfaction with the rental service provided or made available to Renter is to stop using the rental service and terminate this Agreement. The foregoing limitation of relief is an essential part of the bargain between the Parties under these terms. Please note that some jurisdictions do not allow limitations of an implied warranty, so the above limitations or exclusions may not apply.

  • Limitation of Liability. Except for obligations to make payments under this Agreement or liability for indemnification, in no event shall WTP Car Rentals, or any of its representatives, be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, or relating to, and/or in connection with this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not WTP Car Rentals was advised of the possibility of such damages, and (iii) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based. Notwithstanding anything to the contrary, WTP Car Rentals and/or WTP Car Rentals shall maintain the right to pursue Renter for loss of use, diminishment of value, and administrative fees.

  • Exceptions. Notwithstanding anything to the contrary herein, nothing in this Agreement limits or disclaims any warranty or liability that cannot be limited or disclaimed pursuant to applicable law.

 

23.    Indemnification:

  • Renter shall indemnify, defend, and hold harmless WTP Car Rentals and its officers, managers, members, employees, agents, affiliates, successors, and assigns from and against any and all losses, liabilities, costs, and expenses (including, but not limited to, attorneys’ fees), damages, claims, actions, suits, demands, proceedings, settlements, judgments, and causes of action of any nature (collectively, “Losses”), whether such Losses are alleged, threatened, settled, or finally adjudicated, arising from or as a result of:

    • any intentional, reckless, or negligent act of Renter or an Authorized Driver relating to this Agreement;

    • any material breach of this Agreement by Renter or an Authorized Driver; or

    • the use of any Vehicle by any person. Notwithstanding anything to the contrary herein or in the rental agreement, Renter’s indemnification obligations in this Section 9 shall be in addition to any other indemnification obligations set forth in any rental agreement.

 

24.    Dispute Resolution

  • Governing Law. With respect to any Claims (as defined below) arising exclusively under this Agreement (and not any applicable Rental Agreement), all terms and conditions of this Agreement shall be interpreted, construed, and enforced pursuant to the laws of the State of South Carolina without giving effect to the conflict of laws and/or provisions of such State.

  • Mandatory Arbitration Agreement. Renter and WTP Car Rentals each waive their right to a jury trial or to participate in a class action pursuant to the following terms. Renter and WTP Car Rentals agree to arbitrate any and all claims, controversies, or disputes of any kind (“Claims”) against each other arising out of or relating in any way to this Agreement, including, but not limited to, claims relating to WTP Car Rentals' products and services, charges, advertisements, or vehicles. For the purposes of this dispute resolution provision, “Renter” also includes any Authorized Driver under the Agreement, and any of Renter’s agents, beneficiaries, or assigns, or anyone acting on behalf of the foregoing, and “WTP Car Rentals” also includes any of its employees, agents, affiliates, parents, subsidiaries, beneficiaries, assigns, and vendors, including but not limited to its service providers and marketing partners. Renter and WTP Car Rentals agree that no claims will be pursued or resolved as part of a class action, private attorney general or other representative action or proceeding, that no arbitration forum will have jurisdiction to decide any claims on a class-wide, collective, or consolidated basis, and that no rules or other procedures for class-wide or collective arbitration will apply. This Section 10(b) is to be broadly interpreted and applies to all Claims based in contract, tort, statute, or any other legal theory, and all Claims that arose prior to or after termination of this Agreement. However, the Parties agree that either Party may bring an individual action in a small claims court with valid jurisdiction, provided that the action remains in that court (other than any appeal of the small claims court ruling), is made on behalf of or against Renter only, and is not made part of a class action, private attorney general action, or other representative or collective action. The Parties also agree that Claims against or by a third-party insurance company ostensibly providing coverage to Renter or any other Authorized Driver or the application of WTP Car Rentals' financial responsibility relating to the use or operation of Vehicles may be brought in a court with valid jurisdiction.

  •  Procedure. A Party must send a written Notice of Dispute (“Notice”) describing: (A) the nature and basis of the Claim; and (B) the relief sought, to the other Party. The Notice to WTP Car Rentals should be addressed to: WTP Car Rentals, 701 Easley Bridge Rd Building 6000, STE 6070, Greenville, SC 29611. If WTP Car Rentals and Renter do not resolve the Claim within thirty (30) days after the Notice is received, a Party may commence an arbitration by filing a demand for arbitration with the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules. Claims will be resolved pursuant to the AAA’s Consumer Arbitration Rules in effect at the time of the demand, as modified by this Agreement. However, a single arbitrator will be selected according to AAA’s Commercial Arbitration Rules. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by Renter or by WTP Car Rentals that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both Parties with due consideration of their ability to travel and other pertinent circumstances. If the Parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The AAA rules are available online at www.adr.org. Except as required by law, neither a Party nor an arbitrator may disclose the existence, content, or results of any dispute or arbitration hereunder without the prior written consent of both Parties.

  • •Arbitrator’s Authority. The arbitrator is bound by this Agreement, the Federal Arbitration Act (“FAA”), and AAA’s Consumer Arbitration Rules. The arbitrator has no authority to join or consolidate Claims, or adjudicate joined and consolidated Claims. The arbitrator has exclusive authority to resolve any dispute relating to the scope, interpretation, applicability, enforceability, or formation of this Agreement, including whether it is void. The Parties agree that the arbitrator’s decision and award will be final and binding and may be confirmed or challenged in any court with jurisdiction as permitted under the FAA. The arbitrator can award the same damages and relief as a court, but only in favor of an individual Party and for a Party’s individual Claim.

  • Arbitration Costs. Renter will be responsible for his/her share of any administrative arbitration fees (e.g., filing, administrative, etc.), but only up to the amount of filing fees Renter would incur if the Claim were filed in court. WTP Car Rentals will be responsible for all additional administrative arbitration fees. Renter is responsible for all other costs/fees that it incurs in arbitration (e.g., fees for attorneys, expert witnesses, etc.). Renter will not be required to reimburse WTP Car Rentals for any fees unless the arbitrator finds that the substance of Renter’s Claim(s) or the relief sought is frivolous. If the arbitrator makes such a finding, AAA Rules will govern the payment of all fees, and WTP Car Rentals may seek reasonable attorney’s fees. WTP Car Rentals will pay all fees and costs it is required by law to pay.

  • Governing Law and Enforcement. Notwithstanding anything in Section 10(a), this Section 10(b) is made pursuant to a transaction involving interstate commerce and shall be governed by the FAA, 9 U.S.C. §§ 1-16. Notwithstanding anything to the contrary herein, if any portion of this Section 10(b) is deemed to be invalid or unenforceable or is found not to apply to a Claim, the remainder of Section 10(b) shall remain in full force and effect; provided, that, if the class-arbitration waiver provision is deemed unenforceable, any class action Claim(s) must proceed in a court of competent jurisdiction.
     

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