USG_RENTAL_CAR_AGREEMENT_5.pdf

U.S. Government Rental Car

Agreement #5

January 2024

Version 1

Managed by

Defense Travel Management Office

4800 Mark Center Drive

Suite 05E22

Alexandria, VA 22350-9000

U.S. Government Rental Car Agreement #5 January 2024 V1

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Table of Contents

1 Purpose

2 Applicability

3 Company Participation Requirements

4 Rates

4.1 Government Rate

4.2 Base Rate

4.3 Maximum Rates

4.4 Additional Charges, Fees, and Surcharges

5 Global Distribution System Display

6 Rental Offices

7 Vehicle Condition

8 Fuel Requirements

9 Optional Equipment, Services, and Overcharges

10 Company Points of Contact

11 Quality Control Program

12 Reports

13 Rental Car Company Meetings

14 Companies Operating in Foreign Locations

15 Reservation Procedures

16 Authorized Drivers

17 Traveler Identification

18 Rental Vehicle Pickup Procedures

19 Rental Vehicle Drop-off Procedures

20 Insurance, Damage Liability, and Billing for Damages and Citations

20.1 Insurance Requirements

20.2 Loss of or Damage to Vehicle

20.3 Billing for Damages and Citations

20.4 Collision, Loss, or Damage Resolution

21 Roadside Assistance Program

22 Rental Vehicle Repair

23 Acceptable Means of Payment

24 Prohibited Charges to Government Travel Charge Card or Personal Credit Card .. 16

25 Rental Documents

26 DTMO Site Visits

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27 Non-use, Suspension, or Disqualification

28 Agreement Termination

29 Provisions

30 Car Rental Committee

31 Signature Page .................................................................... Error! Bookmark not defined.

Appendix A Definitions

Appendix B Additional Charges and Fees

Appendix C Company Points of Contact

Appendix D Rental Car Reporting

D.1 General Data Preparation Instructions

D.2 Monthly Rental Car Activity Preparation Instructions

D.3 Monthly Rental Car Activity File Layout

D.4 Quarterly Incident/Claim Reporting Preparation Instructions

D.5 Quarterly Incident/Claim Reporting

D.6 Federal Department, Agency, and Component Corporate Discount (CD) Numbers

D.7 Examples of Sale, Correction, and Refund Transactions

D.8 Vehicle Classification Codes

D.9 Participating Locations

Appendix E Quality Control Program Requirements

Appendix F Repayment of Overcharges

F.1 Repayment to a Traveler

F.2 Repayment to DTMO

F.3 Self-Auditing of Overcharges

F.4 Payment Instructions

Appendix G Review Panel

G.1 Purpose

G.2 Procedures

G.3 Composition of Review Panels

G.4 Review Panel Notification of Non-Use, Suspension, or Disqualification Determination

G.5 Period of Suspension or Disqualification

G.6 Appeal of Determination

G.7 Notice to DoD, Other Government Agencies, and the Public

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1 Purpose

This Agreement, administered by the Defense Travel Management Office (DTMO), governs the rental of vehicles by Government travelers for official travel.

The rental car company, hereinafter referred to as the “Company,” (including all affiliates, franchises, or licensees as identified by the company, which also returns rates under Government rate codes in a global distribution system (GDS) (See Section 5, “Global Distribution System Display”) signing this Agreement, agrees that the terms and conditions set forth herein take precedence over the provisions of any Company document a traveler may sign when renting a vehicle. Terms or conditions that are not addressed in this Agreement may not be imposed on a traveler or the United States Government without prior notice to and written concurrence from DTMO.

This Agreement is not intended to be used in conjunction with any other commercial, special, promotional

Government, affinity, or discounted rental vehicle programs.

2 Applicability

For purposes of this Agreement, a Government traveler is a uniformed Service member, a civilian employee of the Federal Government, a person with an invitational travel authorization at the request of the Government

(under 5 U.S.C. §5703 or other law), North Atlantic Treaty Organization (NATO) members of the force traveling under U.S. Government travel orders, or an employee of the United States Postal Service who is in an official travel status and who has been authorized by the Government to rent a vehicle for Government business purposes and rents in accordance with the Reservations Procedures as defined below (see Section 15, “Reservation Procedures” and Section 16, “Authorized Drivers”).

This Agreement applies when a traveler or an representative acting on a traveler’s behalf makes a reservation for a rental vehicle through an approved booking channel (see Section 15, “Reservation Procedures”) and the

Government base rate is quoted with a Government corporate discount (CD) number.

This Agreement does not apply to the use of a rental vehicle outside the scope of Federal employment by a traveler or authorized driver (see Section 16, “Authorized Drivers”). Scope of employment is a legal term that is often defined by the applicable local law and is determined by the renter’s department, agency, or component

(see Section 24, “Prohibited Charges to Government Travel Charge Card or Personal Credit Card”).

3 Company Participation Requirements

To participate in this Agreement, a Company must meet the following requirements:

a. Provide sufficient documented proof of a minimum of 1 year in operation as a rental car Company.

b. Accept Government maximum rates in accordance with Section 4, “Rates.”

c. Provide the two-letter Company code the Company uses in GDS (see Section 5, “Global Distribution

System Display”).

d. Provide an Association for Cooperative Operations Research and Development (ACORD) certificate of liability insurance form reflecting proof of insurance coverage (see Section 20.1, “Insurance

Requirements”). If a Company intends to self-insure against loss and liability under this Agreement, the

Company must request the ability to self-insure, provide proof to DTMO of the Company’s ability to self-insure, and state to what limits the Company will self-insure worldwide, per accident, and beyond what

Defense Travel Management Office 4 travel.dod.mil limit the Company will carry a catastrophic policy. Documentation shall be submitted through the

Rental Car Program mailbox at dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil.

e. Provide proof of insurance for all Company affiliates, licensees, and franchises that intend to participate under this Agreement or certify in writing that Company insurance covers affiliates, licensees, and franchises or that the Company will indemnify any affiliates, licensees, or franchises that fail to meet the insurance requirements in Section 20.1, “Insurance Requirements”. Documentation shall be submitted through the Rental Car Program mailbox at dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil.

f. Provide a list of all participating locations in accordance with the instructions in Appendix D.9, “Participating Locations.”

g. Offer, at a minimum, compact, intermediate, full-size, and sport utility vehicles (SUVs) at Government rates.

h. Provide a list of all vehicle classification codes the Company offers under this agreement in accordance with the instructions in Appendix D.8, “Vehicle Classification Codes.”

i. Provide a customer service number and designated point of contact for a quality-control representative

(see Appendix C, “Company Points of Contact”).

j. Provide a list of CD numbers associated with each Federal department, agency, and component designated by DTMO that the Company must use to identify and track Government business in accordance with the instructions in Appendix D.6, “Federal Department, Agency, and Component

Corporate Discount (CD) Numbers.”

k. Comply with Fiscal Year 2019 National Defense Authorization Act Section 889

a. Company must have a completed and active registration in the System for Award Management

(SAM) at https://www.sam.gov/SAM/. Annual verification is required.

b. Company must complete and sign FY19 NDAA Section 889 Representation Form.

l. Sign U.S. Government Rental Car Agreement signature page.

If a Company that wishes to participate in this agreement is a small business, DTMO requests that that company submit documentation self-certifying itself as a small business.

4 Rates

4.1 Government Rate

The Government rate is the base rate designated by a rental car company as the official rate for U.S. Federal

Government travelers. Government rates are not subject to blackout dates, do not require advance reservations, a minimum rental period, must be offered without penalty restrictions, and, apart from one-way rentals, must include unlimited mileage. Additionally, if a Company participating location has an unreserved vehicle available at a retail rate, the Company location must make it available for rent to a U.S. Federal

Government traveler at the published Government rate.

4.2 Base Rate

The base rate is the cost of the rental. The Company must quote daily, weekly, and monthly base rates in local currency amounts. The base rate may include the high-cost area mark-up in accordance with Section 4.3, “Maximum Rates.”

https://www.sam.gov/SAM/

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The base rate may not include any of the additional charges fees, and surcharges outlined in Section 4.4, “Additional Charges, Fees, and Surcharges.”

4.3 Maximum Rates

Maximum rates will be established by the DTMO and published annually. For CONUS, there will be one maximum rate for each car class for locations within CONUS except for high-cost areas also determined by the

DTMO. For OCONUS, there will be one maximum rate per car class, by country. All maximum rates will be published in local currency. The maximum rate is the highest base rate a company may charge for a particular type of vehicle in a particular location. Once maximum rates are published, a Company may not charge more than the maximum rate at any time for any reason unless approved by the DTMO.

A weekly rate may not exceed six times the daily maximum rate. A monthly rate may not exceed four times the weekly maximum rate.

High-cost areas will be established by the DTMO and published annually. High-cost area maximum rates will be inclusive of the percentage mark-up determined by the DTMO. High-cost areas will be identified by city name, applicable airport, and county. Once the high-cost area maximum rates are published, a Company may not charge more than the maximum rate at any time for any reason unless approved by the DTMO.

All maximum rates shall be evaluated on an annual basis. DTMO will notify companies in writing on an annual basis regarding changes to maximum rates and maximum rates will be posted on the DTMO webpage. Under certain circumstances, maximum rates may be increased prior to the one-year expiration. Companies may submit requests for maximum rate increases to include sufficient substantiating documentation/data, which will be reviewed and are subject to DTMO approval.

To submit a request for maximum rates increase for approval, send documentation/data to dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil. DTMO will approve or decline the request within 30 days of

DTMO’s electronic acknowledgment of receipt of the proposed maximum rates. If DTMO approves a company’s proposed maximum rates, DTMO will re-publish the maximum rates, notify all companies participating in the agreement, and post them on the DTMO website. If DTMO declines a company’s request, DTMO will notify the company in writing concerning the denial.

4.4 Additional Charges, Fees, and Surcharges

The Company may charge the following charges, fees, and surcharges:

• One-way mileage rate

• Delivery fee

• Collection Fee

• Drop-off charge

• Underage Drivers (18-20 years of age)

• State and local taxes

• State and local Government fees and surcharges

• Airport administrative and/or concession fees

• Vehicle license and registration fees that vary from location to location

• Fees remitted to a third party or airport authority

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• Winterization fees (where local law, regulations, or otherwise requires the vehicle to be equipped with special tires to operate in wintery conditions or geographical locations)

If a traveler pays the Company with a Government travel charge card in a state where Federal individually billed accounts are exempt from state tax, then the Company may not charge the traveler state tax. In states where

Federal individually billed accounts are exempt from state tax, the traveler is responsible for producing all documentation necessary to substantiate the exemption. For more information on state tax exemption https://smartpay.gsa.gov/content/specific-state-tax-information.

If the Company intends to charge one-way mileage rates, delivery fees, collection fees, drop-off charges, and underage driver fees (18-20 years of age), it must identify them to DTMO for approval and publication (see

Appendix B, “Additional Charges and Fees”).

Except as required by applicable law, no other charges, fees, or surcharges not named here may be imposed under this Agreement without the prior written consent of DTMO. Energy recovery fees or any other type of fees intended to pass high fuel or energy costs to the traveler are prohibited.

5 Global Distribution System Display

All Government rates must be accessible through GDS platforms Sabre, Worldspan, Apollo, and Amadeus and may not be higher than the approved maximum rates. The total cost available through the GDS must include only agreed-upon fees, surcharges, and taxes that must be substantiated by the Company. The cost displayed does not have to reflect additional services the traveler requests or incurs after the reservation is made, such as delivery fees, unplanned one-way mileage, or a toll transponder.

The Company must use CD number for designated Federal departments, agencies, and components outlined by

DTMO. The Company will furnish these numbers to DTMO upon execution of this Agreement and will maintain the same CD number for each designated federal client department, agency, and component for the duration of this Agreement unless DTMO and the Company agree to changes in writing. Any participating location, affiliate, franchisee, or licensee identified by the Company that publishes Government rates (e.g.., appearing in GDS as codes /G, /GVT, and /PG) and confirms a reservation using a Government-designated CD number will abide by all terms and conditions of this Agreement.

The Company must accurately reflect in the GDS whether the locations of their rental facilities are on-airport locations or off-airport locations. For on-airport locations the Company must indicate whether the location requires shuttle transportation to the rental vehicles.

The Company must submit its vehicle classification codes in accordance with the instructions in Appendix D.8, “Vehicle Classification Codes.”

The rates reflected in GDS must be the same as what appears through a travel management service or the

Government’s online booking tool.

6 Rental Offices

The rental offices will be in a structure (permanent or otherwise); clean, secure, well lit, and clearly identified as the rental Company with whom the reservation was made.

https://smartpay.gsa.gov/content/specific-state-tax-information

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7 Vehicle Condition

Rental vehicles will meet applicable national, state, and local safety standards (to include child car seats when requested by the traveler in advance). Rental vehicles must also be properly licensed, maintained, clean, properly inspected, and in good mechanical condition at the time of rental.

8 Fuel Requirements

To the greatest extent practicable, rental vehicles that use gasoline or diesel must appear to have a full tank of fuel at the time of pickup as judged by the vehicle’s fuel gauge. The traveler should return their rental vehicle with the same level of fuel in the fuel tank the vehicle contained at pickup. If the traveler does not return their rental vehicle with the same level of fuel as when they received it, the traveler is subject to the company’s refueling policy.

To the greatest extent practicable, fully electric vehicles must appear to have a full battery charge at the time of pickup as judged by the vehicle’s charge gauge. The traveler should return their vehicle with the same level of charge the vehicle had at pickup. If the traveler does not return their rental vehicle with the same level of charge as when they received it, the traveler is subject to the company’s re-charging policy.

The Company may not charge travelers refueling fees when the rental vehicle fuel tank appears to be full according to the fuel gauge and when presented by the traveler with a fuel receipt from a fueling location within a reasonable distance of the rental location. The Company may not charge travelers a refueling fee if the rental vehicle’s fuel tank is less than 0.5 gallons empty.

Rental car companies may not charge travelers for pre-paid fuel or for failure to meet a minimum mileage requirement.

9 Optional Equipment, Services, and Overcharges

Company personnel may offer and charge the following services or products only if explicitly requested by the traveler:

• Toll-collection transponder

• Child car seat

• Global Positioning System (GPS)

• Roadside Assistance (services other than what is required under this agreement in Section 21, “Roadside

Assistance Program”)

Pursuant to Section 4, “Rates,” no other charges, fees or surcharges may be imposed under this Agreement without the prior written consent of DTMO, except as required by applicable law. Moreover, the Company is strictly prohibited from selling and where capability exists, must restrict the ability to charge a traveler who reserves a vehicle under the terms of this Agreement for any services not explicitly addressed in this agreement, to include but not limited to:

• Collision Damage Waiver (CDW)

• Loss Damage Waiver (LDW)

• Liability coverage

• Late turn-in Fee (see Section 4, “Rates,” and Section 19, “Rental Vehicle Drop-off Procedures”)

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• Underage Drivers (ages 21 and over)

• Multiple Drivers

• Personal Accident Insurance (PAI)

• Personal Effects Coverage (PEC)

• Supplemental Liability Coverage (SLC)

• Pre-paid Fuel Option

If requested by the traveler and capable of being invoiced separately and charged to a second, non-Government form of payment, the Company may sell a traveler the following products and services:

• Entertainment Systems e.g., Satellite Radio

• Frequent Flyer Miles

A Company that charges a traveler who reserves a vehicle under the terms of this agreement for any of these items must refund the traveler or Government, as applicable, the cost of these items when the Company is presented with evidence of charges for these items for a traveler who reserved under the terms of this agreement in accordance with the instructions provided in Appendix F, “Repayment of Overcharges.”

10 Company Points of Contact

The Company will identify the following points of contact for DTMO in Appendix C, “Company Points of

Contact.”

• Primary Company Point of Contact: A Company employee available to the DTMO for all rental vehicle collision, loss, or damage incidents, overcharges, and service complaints or commendations.

• Secondary Company Point of Contact: A Company employee at the same reporting level or junior to the

Primary Company Point of Contact authorized to manage the same issues as the Primary Company Point of Contact on a day-to-day basis or in the Primary Company Point of Contact’s absence. Identification of a Secondary Company Point of Contact is optional, but the Secondary Company Point of Contact may not be a retail or general customer service team.

• Senior Company Point of Contact: A Company employee senior to the Primary Company Point of Contact available to DTMO for discussion of high-level concerns.

Company Data Point of Contact: A Company employee available to DTMO for discussion of all matters concerning data reporting laid out in Appendix D, “Rental Car Reporting.” The Company Data Point of

Contact will be responsible for receiving and responding to file processing reports and data validation error reports.

11 Quality Control Program

To qualify for and remain a participant of the U.S. Government Rental Car Program, companies must meet the

Quality-Control Program requirements outlined in Appendix E, “Quality Control Program Requirements.”

12 Reports

The Company must electronically submit a monthly report of rental activity for official Government rentals.

Report layout, format, and submission instructions are found in Appendix D, “Rental Car Reporting.”

Information received from the Company will not be released or published outside the Government without prior

Defense Travel Management Office 9 travel.dod.mil approval of the Company, unless required by applicable law (i.e., FOIA, law enforcement purposes, etc.). Failure to provide reports, feedback, or corrections pursuant to the schedule in Appendix D, “Rental Car Reporting,” may result in the Company being suspended or removed from the program.

DTMO will provide quarterly trend and top-city production reports to all participating companies.

Upon request, the Company will submit to DTMO rental car contracts or rental agreements for use in validating data errors submitted by the Company. DTMO will communicate, via a Secure Communication Portal (SCP), rental contract numbers of contracts the Company must provide. The Company will submit contracts to DTMO through the SCP in accordance with the schedule in Appendix D, “Rental Car Reporting.”

The Company will provide documentation for any incident identified as part of quarterly incident/claim reporting identified in Appendix D.5, “Quarterly Incident/Claim Reporting.”

13 Rental Car Company Meetings

In addition to the annual GovTravels conference, DTMO will host quarterly meetings to address Government and industry issues. The Company or the Government may also request additional meetings.

14 Companies Operating in Foreign Locations

If a Company elected to participate in this agreement at locations outside of the United States and its territories, that Company must abide by the same terms as those participating within the United States. Companies will identify all foreign locations that require travelers to purchase mandatory insurance due to local laws as well as locations that require an international driver’s license to rent a vehicle in the spreadsheet provided in 30D.9 D.9, “Participating Locations.” For all such locations, the Company will also provide a citation of the local law with said requirement and a separate copy of the law. To the greatest extent practicable, foreign locations must have an English-speaking representative, and all rental documents must be written in or translated to the

English language.

15 Reservation Procedures

A traveler must obtain a rental vehicle(s) through a travel management company (TMC) or the Government’s online booking tool. In circumstances where a traveler is authorized to reserve a rental vehicle(s) but cannot access a Government travel management service and cannot get in contact with their travel management company, a traveler may reserve a rental vehicle(s) through the Company’s website, counter walkup service, mobile application, or by telephone. The Company may authenticate official travel status by requesting the documents specified in Section 17, “Traveler Identification.”

The Company will ensure that the traveler’s Government department associated with the corporate discount

(CD) number is printed on the rental agreement at the time of pickup. Indication of an official Government rate must not be coded or abbreviated in such a way that a traveler is unable to confirm that they have booked an official Government rate.

Reservation agents who receive telephone requests from an official Government traveler will quote current official Government rates subject to this agreement, and if requested verify Company locations, hours of operation, and advise travelers of vehicle pickup and drop-off locations.

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A reservation booked and confirmed at a Government rate pursuant to this Agreement will be guaranteed and honored by the rental car company. Repeated Company failure to honor reservations will be grounds for placing individual locations in non-use until satisfactory remedial measures are affected.

If a traveler reserves a vehicle at non-Government rate at a participating location, the Company will change the reservation to a Government rate pursuant to this Agreement when the traveler authenticates their official travel status as described in Section 17, “Traveler Identification” and before the traveler signs the rental agreement. In such a case, the new Government rate must not be higher than the maximum rate.

Government Travel Charge Card numbers will not be required to make a reservation. The Company will provide a confirmation number at the time a reservation is made. The Company shall provide their toll-free number for reservations in Appendix C, “Company Points of Contact.”

16 Authorized Drivers

The following persons, if properly licensed and 18 years or older, are authorized to operate vehicles rented under this Agreement (except 10, 12, and 15-passenger vans, where authorized operators must be 25 years or older):

• The Government traveler procuring the rental vehicle.

• Other Government travelers as defined in Section 2, “Applicability,” in official travel status while acting within the scope of their duties.

• The spouse or domestic partner of an employee included on travel orders or individual provided a

Government travel authorization to procure a rental vehicle.

Authorized drivers 21 years and older are covered by this agreement at no additional cost to the traveler and are not required to be listed on the Company rental documentation. If the Government traveler procuring the vehicle chooses to identify additional drivers ages 21 and over at the time of vehicle pickup, then the Company may list the additional drivers on the rental agreement. Authorized drivers ages 18-20 years may be charged and underage driver fee and must be identified as the renter or an additional driver on the rental agreement.

Company locations should be aware that, in many states, driver’s licenses issued to military personnel do not expire during the entire time the individual remains in active-duty military service, and such licenses will be accepted regardless of the date of issuance or stated expiration if otherwise valid (i.e., not suspended or revoked). For driver’s licenses subject to such state laws, the Company has the right to ask for a valid military-identification card if an expired driver’s license is presented.

At Company expense, the Company may perform random driving-record checks. A traveler with a documented history of driving under the influence of intoxicants or prohibited drugs or a traveler who has been charged with driving on a suspended license may be refused a rental vehicle.

17 Traveler Identification

A Government employee’s official travel status can be authenticated when either of the following occurs:

a. The employee presents their travel authorization (orders) or Government Travel Charge Card while on authorized official travel.

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b. The employee’s reservation was made through a Government travel management service such as

DTS, ETS2, or the employee’s travel management company.

A Government Travel Charge Card or a travel authorization may authenticate official travel status; however, their use alone for a rental may not always apply the terms and conditions of this Agreement unless a traveler or an representative acting on a traveler’s behalf makes a reservation for a rental vehicle through an approved booking channel (see Section 15, “Reservation Procedures”) and/or the Government uses a Government corporate discount (CD) number.

In the absence of a travel authorization or order, Government Travel Charge Card, or reservation through a

Government travel management service, the Company may request to view Government identification from the

Government traveler is picking up the vehicle as evidence of Government employment.

18 Rental Vehicle Pickup Procedures

When a traveler arrives at the rental location, the rental vehicle will be ready for pickup and, to the maximum extent possible, Company documentation shall be complete and ready for the traveler to sign. The traveler must receive a copy of the Company documentation (see also Section 1, “Purpose”). At the request of the

Company, the traveler will provide a current official work mailing address, telephone number, and the traveler’s employing Government department, agency, or component. The Company will ensure the Government department, agency, or component that the traveler provides is recorded to the appropriate CD number identified in Appendix D.6, “Federal Department, Agency, and Component Corporate Discount (CD) Numbers.”

When the traveler presents a Government Travel Charge Card as authorization of the traveler’s official travel status, the cost of the rental will be charged to that card.

The Company will hold all traveler reservations for a minimum of 2 hours past the scheduled pickup time except during Force Majeure. If the traveler’s reservation is associated with an arriving flight that is delayed by more than 2 hours, the Company will hold the traveler’s reservation for a minimum of 2 hours past the actual flight arrival time or until the rental location closes. At city/suburban locations, if the traveler is late picking up the vehicle, the Company will provide a vehicle within 30 minutes of the traveler’s arrival or until the location closes.

In cases where a Company commercial airport location does not have rental vehicles available within walking distance and shuttle service is not managed by the airport consolidated rental facility, the Company must offer shuttle service. For locations that do not offer continuous shuttle service, there must be access to a toll-free phone to call for shuttle service. Where allowed by the airport, shuttle service contact information must be clearly visible in the airport. Shuttle service must arrive within a reasonable amount of time. A rental car company may not charge travelers a fee for any shuttle service from an airport to the Company location associated with the reservation.

When the vehicle a traveler reserved is not available at the time of pickup, the Company will provide an available vehicle of equal or greater car class. If a vehicle is not available within one hour after arrival at the counter, reasonable alternate transportation (arranged by the Company and agreed upon by the traveler) will be provided to get the traveler to their destination at no cost to the traveler, and a vehicle will be delivered when one becomes available at no cost to the traveler. In either of these cases, the traveler must not pay more than the cost of the traveler’s original reservation. With the traveler’s consent, the Company may also offer an available vehicle of lesser car class at a reduced cost to the traveler. In all cases, the Company is responsible for

Defense Travel Management Office 12 travel.dod.mil ensuring that any amendments the Company offers to fulfil the terms of the original reservation maintain the terms of this Agreement.

For a vehicle rented for longer than 30 days, the Company must inform the traveler of any Company requirement to exchange a vehicle after a certain period for any reason, such as maintenance, legal or inventory requirements. The Company must inform the traveler of any such Company requirement and must coordinate exchange with the traveler to minimize disruption to a traveler’s mission. If a manufacturer’s recall for the vehicle a traveler rented is announced after vehicle pickup, the Company must inform the traveler in possession of a recalled vehicle of the recall as soon as possible.

At time of pickup, Company employees will notify Government travelers of any potential service fees and the payment process associated with automated toll payment devices. Company employees will inform the traveler of the hours of operation for their location.

19 Rental Vehicle Drop-off Procedures

If a traveler returns a rental vehicle before the originally scheduled turn-in time, the company must reduce the number of days, weeks, or months the traveler is charged to match the actual rental period. New rates must not exceed the daily maximum rate (see Section 4, “Rates”). The Company may not charge an early turn-in fee.

If a traveler returns a rental vehicle after the originally scheduled turn-in time, the Company may increase the number of hours, days, weeks, or months the traveler is charged to match the actual rental period. New rates must not exceed the daily maximum rate (see Section 4, “Rates”). The Company may not charge a late turn-in fee.

Locations offering after-hours drop-off service must provide a secure lockbox for returning keys. When a vehicle is returned to a location after-hours and its keys are placed in the designated lockbox, rental charges will be stopped as of the opening time on the next business day of the return location.

20 Insurance, Damage Liability, and Billing for Damages and Citations

All reservations under this Agreement will include a Collision/Damage Waiver or Loss/Damage Waiver, and liability insurance coverage. Neither the Government nor a Government traveler will be responsible for loss or damage to the vehicle except as stated in Section 20.2, “Loss of or Damage to Vehicle.”

20.1 Insurance Requirements

Notwithstanding the provisions of any Company rental vehicle agreement or contract executed by the

Government employee when renting a vehicle under the terms of this Agreement, the Company will maintain in force, at its sole cost, insurance coverage or a duly qualified self-insurance program which will protect the U.S.

Government and its employees against liability for personal injury, death, and property damage arising from the use of the vehicle. The personal injury/wrongful death limits will be $100,000 for each person for each accident or event, $300,000 for all persons in each such accident or event, and property damage limits of $25,000 for each such occurrence. The conditions, restrictions, and exclusions of the applicable insurance for any rental shall not be less favorable to the Government and its employees than the coverage afforded under standard automobile liability policies. When more favorable insurance terms are required under applicable state or foreign country law, such terms will apply to the rental.

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Company licensees must maintain the insurance coverages specified in the preceding paragraph (personal injury/wrongful death limits of $100,000 for each person for each accident or event, $300,000 for all persons in each such accident or event, and property damage limits of $25,000 for each such occurrence) or be covered under the parent company’s insurance policy to meet or exceed these coverages. If a Company licensee does not meet the specified coverage limits, then the Company itself is responsible for providing these coverages for that franchisee location.

In states or countries that require drivers to carry proof of insurance, the Company will provide proof of insurance within the rental vehicle for a traveler’s access that outlines the insurance provisions contained within this Agreement as being the responsibility of the Company.

Standard coverage will include mandatory no-fault benefits where required by law. The Company warrants that, to the extent permitted by law, the liability and property damage coverage provided are primary in all respects to other sources of compensation, including claims statutes or other coverage that may be available to the

Government, the traveler, or additional authorized drivers.

Collision/Damage or Loss/Damage Waivers and liability coverage begin at the delivery of the keys to the driver or acceptance of vehicle by the driver, whichever is first. The Company will provide proof of such insurance or self-insurance to the DTMO within 15 calendar days from the date of DTMO’s counter signature and on October

1 of each year thereafter and upon written request. Proof of insurance shall be the ACORD certificate of liability insurance form and shall be submitted through the Rental Car Program mailbox at dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil. Failure to maintain this required insurance will be grounds for immediate termination of this Agreement.

If a third party files a claim arising out of this Agreement with either the Company or the traveler’s Government department, agency, or component, a copy of the claim will be promptly forwarded to the other party of this

Agreement. When the third-party claim is filed against the Company and the Company does not know the identity of the traveler’s Government department, agency, or component, the Company shall promptly provide a copy of the claim to the DTMO. The DTMO will make diligent efforts to identify and notify the claims office of the traveler’s Government department, agency, or component.

If a traveler must use a valet service and the valet service causes damage to the vehicle, the Company will pursue the valet service for damage to the vehicle and not the traveler or the U.S. Government provided the traveler identifies the valet service in an incident report.

20.2 Loss of or Damage to Vehicle

Notwithstanding the provisions of any rental vehicle rental agreement or contract executed by the Government employee renting a vehicle under the terms of this Agreement, unless otherwise prohibited by state or other applicable law, the Company, and not the traveler or U.S. Government, hereby assumes and shall bear the entire risk of loss of or damage to the rented vehicles (including, but not limited to, costs of towing, administrative costs, loss of use, replacements), from any and every cause whatsoever, including but not limited to casualty, collision, fire, flood, upset, malicious mischief, vandalism, tire damage, falling objects, overhead damage, glass breakage, strike, civil commotion, theft (including theft of keys) and mysterious disappearance, except where the loss or damage is caused by one or more of the following (see also Section 22, “Rental Vehicle Repair,”

Paragraph b):

mailto:dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil

Defense Travel Management Office 14 travel.dod.mil

1. Obtaining the vehicle through fraud or misrepresentation;

2. Operation of the vehicle by an authorized driver under the influence of intoxicants or any prohibited drugs, or the damage or loss is caused intentionally by an authorized driver;

3. Use of the vehicle for any illegal purpose;

4. Use of the vehicle in pushing or towing another vehicle of any kind to include trailers;

5. Use or permitting the vehicle to carry passengers or property for hire;

6. Operation of the vehicle in military exercises or training, tactical maneuvers, or for law enforcement purposes that are likely to expose the vehicle, the driver or passengers or other persons or property of others to a risk of damage or injury above that of routine travel unless the Company has agreed to such operation in writing at the time of rental;

7. Operation of the vehicle in a test, race or contest;

8. Operation of the vehicle with the consent of an authorized driver by a person other than an authorized driver (see Section 16, “Authorized Drivers”);

9. Operation across international boundaries unless specifically authorized;

10. Liability for loss of vehicle keys will be limited to the cost of necessary towing charges and the cost of key replacement unless the rented vehicle is stolen; sufficient substantiating documentation must be furnished to the traveler;

11. Theft of the rented vehicle when the traveler leaves or allows the keys to be left in an unattended vehicle, or when the traveler negligently loses or abandons the keys and they are subsequently used to steal the vehicle;

12. Operation of the vehicle off paved, graded, Federal, state, or professionally maintained roads or driveways, unless the Company has agreed to such operation in writing at the time of rental;

13. Adding improper fuel to a vehicle when the required vehicle fuel type is clearly and obviously marked;

14. Any damage to a rented vehicle caused by a Government employee, not the traveler or authorized driver of a vehicle rented under this Agreement, but acting within the scope of employment. (See also Section 20.3, “Billing for Damages and Citations”);

15. Any damage caused by smoking in a designated non-smoking vehicle that necessitates the Company to clean or repair the rental vehicle will be the responsibility of the traveler.

20.3 Billing for Damages and Citations

When loss or damage is due to an exception stated above, the Company will submit bills directly to the

Government department, agency, or component employing the traveler to the attention of the traveler at the official work address noted in Section 17, “Traveler Identification.” Under no circumstances shall the Company charge the Government Travel Charge Card for damage to the rental car. Violating this term may result in the

Company or Company location being placed in a non-use status.

When the Company receives bills for a traveler’s unpaid citations (e.g., tolls, parking tickets, and traffic camera tickets), the Company will submit bills directly to the traveler either via the email or address provided by the traveler at the time of pick-up. Companies who incur service/processing fees associated with the collection of unpaid citations may recover those fees from the traveler. Under no circumstances shall the Company charge the Government Travel Charge Card for unpaid citations or associated service/processing fees. Violating this term may result in the Company or Company location being placed in a non-use status.

Defense Travel Management Office 15 travel.dod.mil

If the Company is unable to contact the traveler’s department, agency, or component using the contact information obtained at vehicle pickup, the Company should contact DTMO for assistance via email at dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil. DTMO will assist the Company in expediting contact with the traveler or the traveler’s employing department, agency, or component. The Company may also contact the individual through its own channels for the same purpose.

If the traveler’s employing Government department, agency, or component denies liability on the basis that the renter or other authorized driver was not operating the vehicle while in the scope of their employment at the time of the loss then the Company may handle the matter directly with the renter. If the vehicle was damaged while under the control of an authorized driver not in the scope of their employment, the Company shall handle the matter with the authorized driver the renter.

In such a circumstance as described in Section 20.2, #14, the Company’s sole remedy shall be with the

Government employee who caused the damage or the employee’s department, agency, or component. If the

Government employee as described in Section 20.2 #14 was not acting within the scope of their employment at the time the employee caused the damage (which determination shall be made by the traveler’s employing department, agency, or component), the Company may pursue legal remedy against the employee.

20.4 Collision, Loss, or Damage Resolution

The Company is responsible for the subrogation and resolution of all collision, loss, or damage claims arising from cases that are valid under the terms of this Agreement up to the insurance limits outlined in this

Agreement. To the greatest extent practicable, the Company shall facilitate and resolve claims within 30 days of receipt. The Company must provide a claim number and claim service contact information with at the time of case closure. Failure by the traveler to report an incident to the police does not relieve the Company of this responsibility of subrogation and resolution.

21 Roadside Assistance Program

The Company will offer a Roadside Assistance Program at no cost to travelers that consists of:

1. 24/7 toll-free number or company paid phone number for Government travelers

2. Towing service as covered in Section 20.2, “Loss of or Damage to Vehicle”

3. Assisted flat tire change for defective tires when there is no spare tire in the car

4. Battery jump start up for mechanical defects

22 Rental Vehicle Repair

The Company will inform travelers of the process to follow if a rental vehicle needs repair. The Company will provide a toll-free telephone number available at the Company’s expense for Government travelers to call as described in Section 21, “Roadside Assistance Program,” in case of an accident or a need for repair.

a. In the event a mechanical repair (including loss of keys) becomes necessary, the traveler should immediately notify the rental location, request a replacement vehicle if the original vehicle is unsafe, disabled, or if a replacement is otherwise necessary, and request instructions for the disposition of the damaged vehicle. The rental location will provide timely assistance up to and including replacing the vehicle, towing the damaged vehicle to a repair location, or repairing the vehicle in place. If repair file://///usr.osd.mil/ORG/DHRA/DTMO/TPD/TB/PROGRAM%20MANAGEMENT%20(102-13)/4.%20Rental%20Car/1.%20Working%20Folder%20Agreement%20%235/Agreement%20%235%20Archive/dodhra.mc-alex.dtmo.mbx.rental-car-program@mail.mil

Defense Travel Management Office 16 travel.dod.mil cannot be done within 2 hours of initial notification, the rental location will provide a replacement vehicle when practicable.

b. When there is an accident involving the rented vehicle, the traveler will attempt to obtain a police report for the Company if one has been made and is reasonably available. The traveler will contact the

Company as soon as practicable after an accident and fill out a Company incident report when requested to do so. The Company must advise the traveler that under some state laws, failure to report an accident may result in the traveler being charged with cost of repairs to the rented vehicle. In the event of a collision, loss, or damage to the rental vehicle, the Company may request proof that the traveler was on authorized Government travel. Upon this request, the traveler or the traveler’s department, agency, or component must provide this proof.

23 Acceptable Means of Payment

The Company must accept payment by Government Travel Charge Card for rentals under this Agreement. In rare circumstances where a traveler does not have a Government Travel Charge Card, the Company must accept a traveler’s personal credit card.

24 Prohibited Charges to Government Travel Charge Card or Personal Credit Card

Rental car companies may request an authorization on the traveler’s credit card to ensure that sufficient funds for the rental are available. In no circumstance will the Company require a deposit for the rental vehicle.

The Company signing this Agreement acknowledges and fully agrees that charging the traveler’s Government or personal charge or credit card for damage to the rental vehicle is prohibited. Instead, the Company must bill the traveler or traveler’s agency as described in Section 20.3, “Billing for Damages and Citations.” Charging the traveler’s Government or personal charge or credit card in violation of this Agreement will serve as grounds for a

Company location being placed in immediate non-use status. In the event this provision of the Agreement is violated, the Company will immediately reverse any prohibited charges and notify any collections agencies and credit reporting bureaus to which any delinquency was reported. Failure of the Company to do so will be grounds for suspension of the Company and/or termination of this Agreement and further participation in the

U.S. Government Rental Car Program. Any credits the Company issues to the traveler must be issued to the original form of payment used for the rental unless the form of payment is no longer valid. Credits must be equal to the original amount Paid in U.S. dollars.

25 Rental Documents

The Company shall clearly state the vehicle class in a comprehendible method for the traveler (i.e., economy, compact, full, etc.) and all optional equipment, traveler upgrades, all federal, state, and local Government fees, surcharges, and taxes that are applied to all rentals at each location on the rental contract and the traveler’s receipt. All taxes and fees must be individually and clearly identified on the receipt. The Company must not combine fees and taxes into single sums. For companies that utilize electronic check-in, a comprehensive contract must be made available to a traveler that requests one. DTMO has the right to request adjustments to any initialed clauses that a traveler did not understand in the electronic version at check-in. Upon payment, Company locations will provide a receipt to a traveler that reflects the amount paid. The Company will provide a

Defense Travel Management Office 17 travel.dod.mil traveler with a copy of their receipt up to six months after the return of the rental vehicle at no cost to the traveler. The Company is required to substantiate the charges and taxes upon request of the traveler or the

DTMO.

26 DTMO Site Visits

DTMO representatives may visit Company locations to ensure compliance with this Agreement. The DTMO will coordinate with appropriate Company personnel on announced site visits.

27 Non-use, Suspension, or Disqualification

The Government maintains the right to review the practices and policies of the Company and its locations with regard to Government travelers. The DTMO may place one or more of the Company’s locations in a non-use status, or suspend or disqualify companies from participating in this Agreement when such practices and policies are not in the best…