Car Rental Booking Contract Amendment
Car Rental Booking Contract Amendment
This Amendment (the "Amendment") is made and entered into as of [Amendment Date], by and between:
[Your Company Name]
[Your Company Address]
[City, State, ZIP Code]
[Your Company Number]
[Your Company Email]
("Rental Company")
and
[Client's Name]
[Client’s Address]
[City, State, ZIP Code]
[Client’s Phone]
[Client’s Email]
("Client")
Whereas, the Rental Company and the Client have previously entered into a Car Rental Booking Contract (the "Original Contract") dated [Original Contract Date], concerning the rental of [Specific Vehicle(s) Description]; and
Whereas, the parties wish to amend the Original Contract under the terms set forth herein.
Now, Therefore, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to amend the Original Contract as follows:
Article I: Amendments
1.1 Amendment of Rental Period
The section of the Original Contract specifying the rental period ("Rental Period") shall be amended to read as follows:
"The Rental Period shall commence on [New Start Date] and shall terminate on [New End Date], unless further extended by mutual written agreement of the parties."
1.1.1 Extension of Rental Period
Both parties acknowledge that any extension of the Rental Period must be documented in writing and signed by both parties. The extension will be subject to availability of the vehicle and may incur additional fees, which will be communicated to the Client at the time of extension request.
1.1.2 Early Termination
In the event the Client wishes to terminate the rental before the specified end date, the Client must provide at least 48 hours written notice to the Rental Company. Any prepaid rental fees for the remaining period may be refunded at the discretion of the Rental Company, less a processing fee of [Fee Amount].
1.1.3 Late Return Penalties
If the Client fails to return the vehicle by the specified end date without an agreed extension, a late return fee of [Late Fee Amount] per day will be charged. The Client will also be liable for any additional rental fees and potential loss of use charges incurred by the Rental Company due to the delay.
1.2 Amendment of Rental Fees
The section of the Original Contract specifying the rental fees ("Rental Fees") shall be amended to read as follows:
"The Client agrees to pay the Rental Company a total fee of [New Rental Fee] for the Rental Period. This fee is payable in advance on or before the commencement date of the Rental Period."
1.2.1 Payment Terms
The Rental Fees shall be paid via [Payment Method], and the Client shall receive a receipt upon payment. Failure to make payment by the specified due date will result in a cancellation of the rental reservation, and the vehicle will not be released to the Client.
1.2.2 Security Deposit
The Client shall provide a security deposit of [Deposit Amount] at the time of vehicle pickup. This deposit will be held against any damages, unpaid fees, or additional charges incurred during the Rental Period. The balance of the deposit will be refunded within [Number] days after the vehicle is returned, subject to inspection.
1.2.3 Additional Charges
Any additional charges, including but not limited to fuel charges, cleaning fees, or damages, will be deducted from the security deposit. If the deposit is insufficient to cover the additional charges, the Client agrees to pay the outstanding amount within [Number] days upon receipt of an invoice from the Rental Company.
1.3 Amendment of Vehicle Return Conditions
The section concerning the conditions under which the vehicle must be returned ("Return Conditions") shall be amended to include the following:
"The vehicle shall be returned with a full fuel tank and in a clean condition, free from any new damage or excessive wear and tear beyond normal use."
1.3.1 Fuel Policy
The vehicle must be returned with the same amount of fuel as when it was rented. If the vehicle is returned with less fuel, a refueling charge of [Fuel Charge Amount] will be applied. Alternatively, the Client may prepay for a full tank of fuel at the time of rental.
1.3.2 Condition upon Return
The vehicle must be returned in the same condition as it was rented, barring normal wear and tear. The Client is responsible for ensuring that the vehicle is cleaned and free of personal belongings. Any necessary cleaning will result in a cleaning fee of [Cleaning Fee Amount].
1.3.3 Damage Assessment
Upon return, the vehicle will undergo a thorough inspection by the Rental Company. The Client will be liable for any new damages identified during this inspection. The cost of repairs will be deducted from the security deposit, and any additional amounts will be billed to the Client.
Article II: Affirmation of the Original Contract
2.1 Confirmation of Unamended Terms
Except as specifically amended by this Amendment, all terms, conditions, and provisions of the Original Contract shall remain in full force and effect. The Rental Company and the Client hereby affirm all terms of the Original Contract that are not in conflict with this Amendment.
2.1.1 Integration Clause
This Amendment, along with the Original Contract, constitutes the complete agreement between the parties regarding the subject matter herein. Any prior agreements, representations, or warranties, whether oral or written, are hereby superseded by this integrated document.
2.1.2 No Further Modifications
No further modifications, amendments, or changes to the Original Contract shall be valid unless in writing and signed by both parties. This clause ensures that all future changes are formally documented and agreed upon.
Article III: Representations and Warranties
3.1 Mutual Representations and Warranties
Each party represents and warrants that:
3.1.1 Authority and Capacity
It has the legal power and authority to enter into this Amendment. Each party affirms that it has obtained all necessary approvals and authorizations to execute and deliver this Amendment and to perform its obligations under the Original Contract as amended.
3.1.2 Due Authorization
This Amendment has been duly authorized by necessary action of the party. Each party confirms that the execution of this Amendment does not conflict with or violate any other agreement or legal obligation to which it is a party or by which it is bound.
3.1.3 Binding Obligation
This Amendment constitutes a valid and binding obligation of the party, enforceable in accordance with its terms. Both parties agree that this Amendment, once signed, will be upheld in a court of law, ensuring mutual accountability.
3.1.4 No Legal Impediments
There are no pending or threatened legal actions, suits, or proceedings that would impact the ability of either party to perform their obligations under this Amendment. Both parties confirm that they are not aware of any legal obstacles that would prevent them from fulfilling the terms of the Original Contract as amended.
Article IV: Miscellaneous
4.1 Entire Agreement
This Amendment, together with the Original Contract, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral.
4.1.1 Integration Clause
The parties acknowledge and agree that this Amendment and the Original Contract collectively represent the full and complete understanding between the parties regarding the rental agreement. Any representations, promises, or agreements not expressly included herein or in the Original Contract are void and have no legal effect.
4.1.2 No Reliance on External Statements
Each party acknowledges that in entering into this Amendment, it is not relying on any statement, representation, warranty, or agreement, whether written or oral, made by any other party or any other person that is not expressly set out in this Amendment or the Original Contract.
4.1.3 Modification in Writing
Any future modifications or amendments to this Amendment or the Original Contract must be in writing and signed by both parties to be effective. Oral modifications or amendments will not be considered valid or binding.
4.2 Governing Law
This Amendment shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflict of laws principles.
4.2.1 Jurisdiction and Venue
The parties agree that any legal action or proceeding arising under or related to this Amendment shall be brought exclusively in the state or federal courts located in [County, State]. The parties consent to the jurisdiction of such courts and waive any objection to the venue based on lack of personal jurisdiction, improper venue, or forum non conveniens.
4.2.2 Applicable Law
The interpretation, validity, and enforcement of this Amendment shall be governed by the substantive laws of the State of [State], irrespective of its conflict of laws principles that might require the application of the laws of another jurisdiction.
4.3 Dispute Resolution
Any disputes arising out of or related to this Amendment shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
4.3.1 Arbitration Procedure
The arbitration shall be conducted by a single arbitrator selected by mutual agreement of the parties. If the parties cannot agree on an arbitrator, the American Arbitration Association shall appoint one in accordance with its rules.
4.3.2 Arbitration Location
The arbitration proceedings shall take place in [City, State], unless the parties agree to a different location. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding on the parties.
4.3.3 Costs and Fees
Each party shall bear its own costs and expenses of the arbitration, including attorney's fees, and shall share equally the arbitrator's fees and costs. The arbitrator may, in their discretion, award the prevailing party its reasonable attorney's fees and costs.
4.3.4 Enforcement of Arbitration Award
Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. The parties agree to submit to the jurisdiction of such courts for the enforcement of the arbitration award.
4.4 Severability
If any provision of this Amendment is held to be illegal, invalid, or unenforceable, the remaining provisions shall continue in full force and effect.
4.4.1 Partial Invalidity
If any part of this Amendment is determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from this Amendment and the remainder shall be enforced to the fullest extent possible.
4.4.2 Replacement Provision
In the event a provision is deemed invalid or unenforceable, the parties shall negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that, as closely as possible, achieves the intended economic and legal effect of the original provision.
4.5 Counterparts
This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
4.5.1 Electronic Signatures
Signatures transmitted by facsimile, PDF, or other electronic means shall be deemed to have the same legal effect as original signatures. The parties agree to accept electronic signatures as valid and binding.
4.5.2 Binding Effect
Once all parties have signed this Amendment, it shall become binding and enforceable. Each counterpart signature page shall be assembled to form a single instrument, and each party's signature shall be considered an original.
4.5.3 Originals and Copies
Each party may sign a separate original copy of this Amendment, and any signed copy of this Amendment shall have the same legal force and effect as the original. The parties agree that photocopies and electronic copies of signed documents shall be treated as originals for all purposes.
In Witness Whereof, the parties hereto have executed this Car Rental Booking Contract Amendment as of the day and year first above written.
[Your Company Name]
By:
[Your Name]
[Your Title]
[Client's Name]
By:
[Name]
[Title]
