Telematics Devices and In-Vehicle Technologies. TWIN CITY RIDES MAY COLLECT, USE AND DISCLOSE DATA OBTAINED DURING THE COURSE OF YOUR RENTAL FROM MANUFACTURER OR THIRD-PARTY IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING INFORMATION FROM GLOBAL POSITIONING TECHNOLOGY. THIS MAY INCLUDE COLLECTION OF GEOLOCATION DATA OR GEOGRAPHIC AREAS VISITED; INFORMATION RELATED TO FUEL LEVELS IN A VEHICLE; INFORMATION FROM AN EVENT DATA RECORDER OR AUDIO AND VIDEO FROM DASH CAMS OR OTHER CAMERAS RELATED TO INCIDENTS;  INFORMATION RELATED TO THE LOCATION OF A VEHICLE OR THE LOCATION FROM WHICH A VEHICLE WAS PICKED-UP OR RETURNED; INFORMATION ABOUT THE VEHICLE’S USAGE AND HOW IT WAS OPERATED; MAINTENANCE DATA; DIAGNOSTIC DATA; SAFETY EVENTS SUCH AS COLLISION INFORMATION; DIAGNOSTIC DATA; AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, DRIVING BEHAVIOR AND DRIVING BEHAVIOR DATA, SUCH AS SPEED, MILEAGE, BRAKING AND DAMAGE DATA. WE MAY USE AND DISCLOSE THIS INFORMATION FOR A NUMBER OF PURPOSES, INCLUDING, UNLESS PROHIBITED BY APPLICABLE LAW, SELLING THIS INFORMATION OR SHARING IT FOR CROSS-CONTEXTUAL MARKETING PURPOSES. FOR MORE INFORMATION ABOUT HOW TWIN CITY RIDES MAY COLLECT, USE, AND DISCLOSE INFORMATION FROM THESE TECHNOLOGIES IN A WAY THAT IDENTIFIES YOU AND TO LEARN ABOUT CHOICES YOU HAVE ABOUT THIS INFORMATION, PLEASE REVIEW OUR PRIVACY POLICY AS DESCRIBED IN SECTION 14 BELOW.

RENTAL AGREEMENT TERMS AND CONDITIONS

THESE TERMS AND CONDITIONS, THE RENTAL RECORD SIGNED BY YOU AND ANY OTHER DOCUMENTS WHICH YOU ARE REQUIRED TO SIGN WHEN YOU RENT THE CAR, AND WHICH MAY BE SIGNED ELECTRONICALLY, WHICH BOTH YOU AND TWIN CITY RIDES AGREE SHALL BE TREATED AS ORIGINAL, TOGETHER CONSTITUTE THE AGREEMENT (“THIS AGREEMENT”) FOR THE RENTAL OF THE VEHICLE IDENTIFIED ON THE RENTAL RECORD, INCLUDING ALL OF ITS PARTS (“CAR”). THIS AGREEMENT IS BETWEEN YOU AND THE TWIN CITY RIDES COMPANY WHICH IS IDENTIFIED ON THE RENTAL RECORD (“TWIN CITY RIDES”).

1. NATURE OF THIS AGREEMENT

You are obtaining solely a bailment that allows You to use the Car as permitted by this Agreement. You acknowledge that the Car is owned by Twin City Rides. No one other than Twin City Rides may transfer the Car or any rights or obligations under this Agreement. Any attempted transfer or sublease of the Car by anyone other than Twin City Rides is void. Neither You nor any Authorized Operators are agents of Twin City Rides. No one may service or repair the Car without Twin City Rides’ prior express approval. TWIN CITY RIDES MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE CAR IS FIT FOR ANY PARTICULAR PURPOSE.

2. WHO MAY OPERATE THE CAR

Only You may operate the Car. Except as provided in the following sentence, all Authorized Operators must be at least 20 years old and have a valid driver’s license from a jurisdiction acceptable to Twin City Rides. Charges for Authorized Operators under 25 may apply. Except to the extent necessary for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the Car; for purposes hereof, an “emergency” shall mean urgent circumstances under the laws of the jurisdiction in which the alleged emergency occurred. By operating the Car (whether or not an Additional Authorized Operator form is completed), an Authorized Operator will be deemed jointly and severally responsible for Your obligations under this Agreement related to the Car, as well as for any obligations that this Agreement directly imposes on an Authorized Operator of the Car (for example: the obligations contained in paragraph 9).

3. RETURN

ORDINARY WEAR DUE TO REASONABLE USE EXCEPTED, YOU MUST RETURN THE CAR TO TWIN CITY RIDES IN THE SAME CONDITION IT IS IN WHEN YOU RECEIVE IT. IF YOU EXCEED 5000 MILES DRIVEN IN A 30 DAY PERIOD YOUR RENTAL PRIVILEGES MAY BE REVOKED DUE TO EXCESSIVE WEAR AND TEAR. YOU MUST RETURN THE CAR TO TWIN CITY RIDES BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, OR SOONER IF DEMANDED BY TWIN CITY RIDES. IF AN EXTENSION HAS BEEN GRANTED, THEN YOU MUST RETURN BY THE EXTENDED DUE DATE. IN NO EVENT MAY YOU KEEP THE CAR FOR MORE THAN THIRTY (30) DAYS (IN NEW JERSEY, OHIO AND SOUTH DAKOTA, 28 DAYS), UNLESS AUTHORIZED IN WRITING BY TWIN CITY RIDES. A RETURN CHANGE FEE WILL APPLY TO ANY CHANGE IN YOUR SCHEDULED RETURN DATE, TIME OR LOCATION. IF YOU RETURN THE CAR BEFORE OR AFTER YOUR SCHEDULED RETURN DATE AND TIME AND FAIL TO TIMELY NOTIFY TWIN CITY RIDES, TWIN CITY RIDES WILL CHARGE YOU AN EARLY/LATE RETURN FEE. IF YOU FAIL TO RETURN THE CAR BY THE DUE DATE SPECIFIED ON THE RENTAL RECORD, TWIN CITY RIDES WILL COMMENCE ITS OVERDUE RENTAL PROCESS AND CHARGE YOU FOR ALL RELATED EXPENSES.  AS PART OF TWIN CITY RIDES’S OVERDUE PROCESS, YOU EXPRESSLY CONSENT AND AGREE THAT TWIN CITY RIDES MAY USE ELECTRONIC OR VERBAL MEANS TO CONTACT YOU IN ORDER TO URGE YOU TO RETURN THE CAR. YOU AGREE THAT TWIN CITY RIDES MAY USE ANY AVAILABLE EMAIL ADDRESS OR TELEPHONE NUMBER TO CONTACT YOU, INCLUDING MANUAL CALLING, VOICE MESSAGES, TEXT MESSAGES, EMAILS OR AUTOMATIC TELEPHONE DIALING SYSTEMS.  IF YOU DO NOT RETURN THE CAR WHEN REQUIRED BY THIS AGREEMENT, THEN AFTER TWIN CITY RIDES SENDS YOU A WRITTEN DEMAND TO RETURN IT, SENT TO YOUR ADDRESS SHOWN ON THE RENTAL RECORD OR OTHERWISE PROVIDED TO TWIN CITY RIDES, TWIN CITY RIDES MAY, AT YOUR EXPENSE, UTILIZE A THIRD-PARTY REPOSSESSION VENDOR TO RECOVER THE CAR WHERE AND WHEN IT IS LOCATED. YOU WILL BE RESPONSIBLE FOR ALL EXPENSES INCURRED BY TWIN CITY RIDES IN ATTEMPTING TO REPOSSESS THE CAR.  THE CAR MAY BE EQUIPPED WITH MANUFACTURER OR THIRD-PARTY IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY, OR OTHER TELEMATICS SYSTEMS AND A TRANSMITTER THAT ALLOWS TWIN CITY RIDES TO TRACK OR OTHERWISE LOCATE THE CAR TO THE EXTENT PERMITTED BY LAW AND PRIVACY IS NOT GUARANTEED. TO THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE TWIN CITY RIDES TO COLLECT, USE AND DISCLOSE DATA OBTAINED DURING THE COURSE OF YOUR RENTAL FROM SUCH TECHNOLOGIES AND DEVICES FOR A NUMBER OF PURPOSES RELATED TO YOUR VEHICLE’S RETURN, INCLUDING WITHOUT LIMITATION TO LOCATE THE VEHICLE DURING YOUR RENTAL IF THE VEHICLE IS LOST, STOLEN, OR OVERDUE, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR, TO DETERMINE THE TIME OF THE VEHICLE’S DEPARTURE FROM AND RETURN TO THE TWIN CITY RIDES RENTAL LOCATION, TO ESTIMATE THE LEVELS OF FUEL IN THE TANK UPON RETURN TO THE TWIN CITY RIDES RENTAL LOCATION, AND AS OTHERWISE PERMITTED BY APPLICABLE LAW. FOR MORE INFORMATION ABOUT HOW TWIN CITY RIDES MAY COLLECT, USE AND DISCLOSE INFORMATION COLLECTED THROUGH THESE TECHNOLOGIES IN A MANNER THAT IDENTIFIES YOU, PLEASE REVIEW OUR PRIVACY POLICY AS DESCRIBED IN SECTION 14 BELOW.

IF THE CAR IS FOUND ILLEGALLY PARKED OR APPARENTLY ABANDONED, OR IF THE CAR IS USED OR OBTAINED AS PROHIBITED UNDER PARAGRAPH 5, THEN TWIN CITY RIDES MAY RECOVER THE CAR WITHOUT DEMAND. TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A HEARING OR TO RECEIVE ANY NOTICE OR LEGAL PROCESS AS A PRE-CONDITION FOR TWIN CITY RIDES RECOVERING THE CAR.

IN THE EVENT YOU HAVE NOT RETURNED THE CAR AS REQUIRED BY THIS AGREEMENT, AS A MEANS OF LAST RESORT, TWIN CITY RIDES RESERVES THE RIGHT TO REPORT THE CAR TO LAW ENFORCEMENT AS A THEFT AND TAKE ANY FURTHER ACTION NECESSARY IN CONNECTION WITH REPORTING THE CAR TO LAW ENFORCEMENT AS A THEFT.  IN THESE CIRCUMSTANCES, TWIN CITY RIDES RESERVES THE RIGHT TO SUSPEND YOUR RENTAL PRIVILEGES.   

THE CAR WILL REMAIN SUBJECT TO THESE TERMS AND CONDITIONS UNTIL TWIN CITY RIDES HAS INSPECTED AND ACCEPTED IT; IF YOU RETURN THE CAR AFTER HOURS, (A) YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE CAR UNTIL TWIN CITY RIDES HAS INSPECTED AND ACCEPTED IT ON THE NEXT DAY THAT THE RETURN LOCATION IS OPEN FOR BUSINESS.

YOU ACKNOWLEDGE THAT THE DATA DERIVED FROM THE IN-CAR TELEMATICS AND OTHER DEVICES MAY CONTAIN PERSONAL INFORMATION AND YOU AUTHORIZE TWIN CITY RIDES TO SHARE THAT DATA WITH THE DEVICE MANUFACTURER, THE ORIGINAL EQUIPMENT MANUFACTURER AND ITS AFFILIATES (COLLECTIVELY, “OEM”), SERVICE PROVIDERS, AND OTHER THIRD PARTIES TO WHOM TWIN CITY RIDES OR OEM GRANTS ACCESS. TO THE EXTENT PERMITTED BY LAW, YOU AUTHORIZE TWIN CITY RIDES,’ THE ORIGINAL EQUIPMENT MANUFACTURER’S (OEM) AND ANY THIRD-PARTY SERVICE PROVIDER’S USE OF THE TECHNOLOGY INCLUDED IN THE CAR, INCLUDING TO TRACK THE LOCATION OF THE CAR, TO DISABLE THE CAR AND TO ASSIST IN THE REPOSSESSION OF THE CAR, AND TO PROVIDE SERVICES TO YOU.

IT IS YOUR RESPONSIBILITY AT RETURN TO DELETE ANY BLUETOOTH SYNCED DEVICES OR DATA, NAVIGATION DATA, AND ALL OTHER PERSONAL INFORMATION INPUT OR PROVIDED BY YOU THROUGH USE OF IN VEHICLE EQUIPMENT OR FEATURES. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TWIN CITY RIDES, THE OEM AND ANY THIRD-PARTY SERVICE PROVIDER MAY COLLECT, PROCESS, CHARGE ON THE BASIS OF, ADD TO YOUR CUSTOMER PROFILE AND TAKE DISCIPLINARY ACTION ON THE BASIS OF THE DATA DERIVED FROM VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING ACTIVITY. ACTIONS MAY INCLUDE SUSPENSION OR TERMINATION OF YOUR ABILITY TO CONTINUE TO RENT CARS FROM TWIN CITY RIDES OR ITS AFFILIATES. FOR INFORMATION ABOUT HOW TWIN CITY RIDES MAY COLLECT, USE AND DISCLOSE INFORMATION COLLECTED THROUGH THESE TECHNOLOGIES IN A MANNER THAT IDENTIFIES YOU, PLEASE REVIEW OUR PRIVACY POLICY AS DESCRIBED IN SECTION 14 BELOW.

THE CAR MAY HAVE IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY AND RELATED SERVICES IN WHICH CASE, YOU UNDERSTAND THAT YOUR ACCESS AND USE OF THE CAR OR THE SERVICES ARE SUBJECT TO THE CAR, SERVICE PROVIDER’S OR DEVICE MANUFACTURER’S TERMS AND PRIVACY STATEMENT, WHICH MAY INCLUDE, AMONG OTHER TERMS, SERVICE LIMITATIONS, WARRANTY EXCLUSIONS, LIMITATIONS OF LIABILITY, WIRELESS SERVICE PROVIDER TERMS AND PRIVACY PRACTICES. IF YOU RENT A GENERAL MOTOR’S BRAND CAR (E.G., CHEVROLET, BUICK, GMC, CADILLAC), YOU AGREE TO THE CONNECTED VEHICLE USER TERMS, PRIVACY STATEMENT AND SOFTWARE TERMS AVAILABLE AT  www.onstar.com.

UPON RETURN, IF THE CAR REQUIRES MORE THAN TWIN CITY RIDES’ STANDARD CLEANING ON ITS RETURN, TWIN CITY RIDES MAY CHARGE YOU AN ADDITIONAL FEE TO HAVE THE CAR CLEANED.

4. YOUR RESPONSIBILITY FOR LOSS OF OR DAMAGE TO THE CAR AND OPTIONAL LOSS DAMAGE WAIVER

a. EXCEPT AS STATED BELOW, YOU ARE RESPONSIBLE FOR ANY AND ALL LOSS OF OR DAMAGE TO THE CAR RESULTING FROM ANY CAUSE INCLUDING BUT NOT LIMITED TO COLLISION, ROLLOVER, THEFT, VANDALISM, SEIZURE, FIRE, FLOOD, HAIL OR OTHER ACTS OF NATURE OR GOD REGARDLESS OF FAULT.

b. EXCEPT AS STATED BELOW, YOUR RESPONSIBILITY WILL NOT EXCEED THE GREATER OF THE RETAIL FAIR MARKET VALUE OF THE CAR AND ITS MANUFACTURER BUYBACK PROGRAM VALUE AT THE TIME THE CAR IS LOST OR DAMAGED, LESS ITS SALVAGE VALUE, PLUS ACTUAL TOWING, STORAGE AND IMPOUND FEES, DIMINUTION OF VALUE OF THE CAR AS DETERMINED BY TWIN CITY RIDES, AN ADMINISTRATIVE CHARGE AND A CHARGE FOR LOSS OF USE, REGARDLESS OF FLEET UTILIZATION. AS MORE GENERALLY PROVIDED IN PARAGRAPH 6, TWIN CITY RIDES MAY, WHERE PERMITTED UNDER APPLICABLE LAW, PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS AGAINST YOUR CREDIT, CHARGE OR DEBIT CARD FOR THESE LOSSES, COSTS AND CHARGES, TOGETHER WITH ANY OTHER APPLICABLE CHARGES, AT OR FOLLOWING THE COMPLETION OF THE RENTAL.

c. YOU GRANT TWIN CITY RIDES A LIMITED POWER OF ATTORNEY TO PRESENT CLAIMS FOR DAMAGE TO OR LOSS OF THE CAR TO YOUR INSURANCE CARRIER.

5. PROHIBITED USE OF THE CAR

NEITHER YOU NOR ANY AUTHORIZED OPERATOR MAY:
a. PERMIT THE USE OF THE CAR BY ANYONE OTHER THAN YOU OR AN AUTHORIZED OPERATOR;

b. INTENTIONALLY DESTROY, DAMAGE OR AID IN THE THEFT OF THE CAR;

c. TAKE OR ATTEMPT TO TAKE THE CAR OUT OF THE STATE OF MINNESOTA, EXCEPT AS EXPRESSLY PERMITTED UNDER THIS AGREEMENT;

d. ENGAGE IN ANY WILLFUL OR WANTON MISCONDUCT, WHICH, AMONG OTHER THINGS, MAY INCLUDE RECKLESS CONDUCT SUCH AS: THE FAILURE TO USE SEAT BELTS, THE FAILURE TO USE CHILD SEATS OR OTHER CHILD RESTRAINTS WHERE LEGALLY REQUIRED, USE OF THE CAR WHEN OVERLOADED OR CARRYING PASSENGERS IN EXCESS OF THE NUMBER OF SEAT BELTS IN THE CAR, USE OFF PAVED ROADS OR ON ROADS WHICH ARE NOT REGULARLY MAINTAINED, REFUELING THE CAR WITH THE WRONG TYPE OF FUEL, I.E., DIESEL IN A GASOLINE ENGINE OR GASOLINE IN A DIESEL ENGINE, RECHARGING AN ELECTRIC VEHICLE USING NON-CERTIFIED OR INCOMPATABLE CHARGING ADAPTERS OR OTHER EQUIPMENT, LEAVING THE CAR AND FAILING TO REMOVE THE KEYS, OR FAILING TO CLOSE AND LOCK ALL DOORS, CAR WINDOWS OR THE TRUNK;

e. USE OR PERMIT THE USE OF THE CAR BY ANYONE:
1. WHILE LEGALLY INTOXICATED OR UNDER THE INFLUENCE OF ALCOHOL, DRUGS OR OTHER ABSORBED ELEMENTS WHICH MAY ADVERSELY AFFECT A PERSON’S ABILITY TO DRIVE SAFELY;

2. FOR ANY PURPOSE THAT COULD PROPERLY BE CHARGED AS A CRIME, SUCH AS THE ILLEGAL TRANSPORTATION OF PERSONS, DRUGS OR CONTRABAND OR ANY DIRECT OR INDIRECT ACT OF TERRORISM INVOLVING THE CAUSING OR THREATENING OF HARM OF WHATEVER NATURE AND BY WHATEVER MEANS MADE OR CLAIMED TO BE MADE IN WHOLE OR PART FOR POLITICAL, RELIGIOUS, IDEOLOGICAL OR SIMILAR PURPOSE;

3. TO TOW OR PUSH ANYTHING OR ALLOW THE CAR TO BE TOWED WITHOUT TWIN CITY RIDES’S EXPRESS PERMISSION;

4. IN A SPEED TEST, SPEED CONTEST, RACE, RALLY, SPEED ENDURANCE CONTEST OR DEMONSTRATION;

5. IN DRIVER TRAINING ACTIVITY;

6. TO CARRY PERSONS OR PROPERTY FOR HIRE (i.e., FOR A CHARGE OR FEE), UNLESS SPECIFICALLY AUTHORIZED IN WRITING BY TWIN CITY RIDES;

7. IF THE CAR HAS BEEN OBTAINED FROM TWIN CITY RIDES BY FRAUD OR MISREPRESENTATION; OR

8. TO CARRY HAZARDOUS MATERIALS (OTHER THAN CUSTOMARY QUANTITIES OF MATERIALS USED IN THE OPERATION OF THE CAR THAT ARE STORED WITHIN THE CONTAINERS PROVIDED FOR THEM), EXPLOSIVES, BIOLOGICALLY ACTIVE MATERIALS THAT ARE HAZARDOUS TO HUMAN HEALTH OR RADIOACTIVE MATERIAL INCLUDING, BUT NOT LIMITED TO, ANY BIOLOGICALLY ACTIVE OR RADIOACTIVE MATERIAL FOR RESEARCH, EDUCATION, DEVELOPMENT OR INDUSTRIAL PURPOSES, OR FOR PURPOSES INCIDENTAL THERETO;

9. TO SMOKE ANYTHING IN THE CAR (e.g. CIGATERRES, MARIJUANA, VAPE, ETC);

ANY VIOLATION OF THE RENTAL AGREEMENT, INCLUDING ANY USE OF THE CAR IN A MANNER PROHIBITED IN PARAGRAPH 5:

i. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WILL CAUSE YOU TO LOSE THE BENEFIT OF ANY LIMITATION ON YOUR LIABILITY FOR LOSS OF OR DAMAGE TO THE CAR, EVEN IF YOU HAVE PURCHASED LDW;

ii. TO THE EXTENT PERMITTED BY APPLICABLE LAW, VOID PERSONAL ACCIDENT INSURANCE (“PAI”) AND PERSONAL EFFECTS COVERAGE (“PEC”), LIABILITY INSURANCE SUPPLEMENT (“LIS”) COVERAGE, AND ANY LIABILITY PROTECTION PROVIDED BY TWIN CITY RIDES UNDER THIS AGREEMENT; AND

iii. WILL CONSTITUTE A BREACH OF THIS AGREEMENT, MAKING YOU RESPONSIBLE, TO THE FULLEST EXTENT PERMITTED BY LAW, FOR THE ACTUAL AND CONSEQUENTIAL DAMAGES TO TWIN CITY RIDES CAUSED BY THE BREACH, TOGETHER WITH TWIN CITY RIDES’ RELATED COSTS AND ATTORNEYS’ FEES.

6. PAYMENT OF CHARGES

You and any person, corporation or other entity to whom, with Twin City Rides’ consent, you expressly direct the charges in any way incurred under this Agreement (“Charges”) to be billed, are jointly and severally responsible for payment of all charges. If You direct Charges to be billed to any person, corporation or other entity, you represent that You are authorized to do so. Charges not paid on time as required by this Agreement may be subject to a late payment fee. You may also be charged a fee for any check (or cheque) used for payment of Charges that is returned to Twin City Rides unpaid or for any credit, charge, debit or stored value/prepaid/gift card charges which are not honored by the card issuer.

Payment for all Charges is due in cash or by a credit card, charge card, debit card or other device acceptable to Twin City Rides and Twin City Rides may charge the amount owed on the credit card, charge card, debit card or other device at any time during the rental or at the completion of the rental; however, special rules may apply for rentals which are paid for with prepaid vouchers or coupons—see below. You may be required to present a credit, charge or debit/check card at the commencement of rental and agree to permit Twin City Rides to bill Charges to that card. By providing a form of payment, you authorize Twin City Rides, our successors, assigns and agents to, from time to time, perform one or more checks on Your credit and /or other data sources that identify risk associated with a rental of the Car by You and/or your ability to pay the charges associated with a rental. Twin City Rides may take action based on any such checks including without limitation declining to rent based on this information. Stored value/prepaid/gift cards are not, and debit cards may not be, acceptable to qualify for rental, but both types of cards may be used for payment at return. Charges not known to Twin City Rides at the completion of the rental, as well as charges for damage to the vehicle which occur during the rental, are payable by You, or by the person, corporation or other entity to whom such Charges are to be billed, immediately upon receipt of an invoice therefore or by billing to the credit, charge or debit card presented at the time of rental, even if cash, another credit, charge or debit card or stored value/prepaid/gift card was used to pay for charges at the completion of the rental. The payment of Charges by use of a credit, charge, debit or stored value/prepaid/gift card is governed by the terms of Your agreement with the card issuer. IF YOU PRESENT A CREDIT, CHARGE CARD OR DEBIT/CHECK CARD AT THE COMMENCEMENT OF THE RENTAL, YOU AUTHORIZE TWIN CITY RIDES TO RESERVE CREDIT WITH, OR OBTAIN AN AUTHORIZATION FROM, THE CARD ISSUER AT THE TIME OF RENTAL, IN AN AMOUNT THAT MAY BE GREATER THAN THE ESTIMATED CHARGES, EXCLUSIVE OF ANY APPLICABLE DISCOUNTS OR PROMOTIONS THAT ARE APPLIED AT THE TIME OF RETURN. IF YOU USE A DEBIT/CHECK CARD TO QUALIFY FOR A RENTAL, TWIN CITY RIDES WILL NOT BE LIABLE FOR OVERDRAFT CHARGES, OR FOR ANY OTHER LOSSES OR LIABILITIES WHICH YOU MAY INCUR, IN THE EVENT THAT YOU OVERDRAW YOUR ACCOUNT AFTER TWIN CITY RIDES RECEIVES THIS AUTHORIZATION, IF THE AUTHORIZATION OBTAINED AT THE COMMENCEMENT OF THE RENTAL EXCEEDS THE ACTUAL CHARGES INCURRED IN CONNECTION WITH THE RENTAL, THERE MAY BE A DELAY BETWEEN THE TIME THAT THE CHARGES ARE RECEIVED BY YOUR CARD ISSUER AND THE TIME THAT THE CARD ISSUER RELEASES THE EXCESS. TWIN CITY RIDES WILL PROCESS ONE OR MORE VOUCHERS OR PAYMENT SLIPS FOR ALL ACTUAL CHARGES AT OR FOLLOWING THE COMPLETION OF THE RENTAL. Twin City Rides may audit all Charges. If any errors are found, you will pay the corrected Charges. If payment was by credit, charge or debit card, you authorize Twin City Rides to correct the Charges with the card issuer.

Twin City Rides may from time-to-time issue prepaid vouchers, coupons represented either by documents or by entries in Twin City Rides’ records (“Vouchers”) which may be used to pay rental charges subject to the terms and conditions of the Vouchers. Vouchers must be submitted at the time that the rental commences. Persons who pay by voucher may be required to pay the amount by which the estimated charges for the rental exceed the value of the Voucher at the commencement of the rental. Restrictions on the use of Vouchers may apply.

7. COMPUTATION OF CHARGES

a. TIME CHARGES are computed at the rates specified on the Rental Record for days, weeks, months, extra hours and extra days (including days in excess of any longer specified time period). THE MINIMUM RENTAL CHARGE IS FOR ONE RENTAL DAY. RENTAL DAYS CONSIST OF CONSECUTIVE 24-HOUR PERIODS STARTING AT THE TIME THE RENTAL BEGINS, OR ANY PORTION OF A CALENDAR DAY, AS NOTED ON THE RENTAL RECORD. The extra hours rate shown on the Rental Record is charged for each full or partial hour in excess of a rental day until such extra hours’ charges equal the daily rate specified on the Rental Record for an extra day. RENTAL RATE IS SUBJECT TO INCREASE IF YOU RETURN THE CAR MORE THAN 24 HOURS BEFORE OR 24 HOURS AFTER THE SCHEDULED RETURN TIME. LATE RETURNS BEYOND 29 MINUTE GRACE PERIOD SUBJECT TO EXTRA HOUR AND/OR EXTRA DAY CHARGES. As stated in paragraph 3, if the Car is returned after hours, charges may continue to accrue until the return location reopens for business. IF YOU FAIL TO COMPLY WITH ANY CONDITIONS SPECIFIED ON THE RENTAL RECORD APPLICABLE TO SPECIAL RATES, TWIN CITY RIDES’ OTHERWISE APPLICABLE RENTAL RATES WILL BE CHARGED. Any changes to your agreed upon return time, date, or location may result in a change to your quoted estimated rate total and the daily or hourly rate. Prices on Twin City Rides’ website are only valid for those customers booking from a source country in which they officially reside. If a rate is booked from a source country in which You do not reside, it will be considered a fraudulent booking and Twin City Rides maintains the right to cancel such reservation and not provide a refund. Although Twin City Rides attempts to ensure all Twin City Rides prices quoted on booking channels are accurate, errors may sometimes occur. Twin City Rides will inform You as soon as possible if Twin City Rides discovers an error in the price of your reservation and give You the opportunity to confirm booking at the correct price or cancel. If You cancel and You have already paid for your rental, You will receive a full refund. If Twin City Rides is unable to contact You, Twin City Rides will treat your reservation as cancelled.

b. MILEAGE CHARGES, including those for extra miles, if any, are based on the per mile rate specified on the Rental Record. The number of miles driven is determined by subtracting the Car’s odometer reading at the beginning of the rental from the reading when the Car is returned, excluding tenths of miles. The per mile rate is then multiplied by the number of miles driven or, in the case of extra miles, by the number of miles in excess of the number of miles allowed, as specified on the Rental Record. The result is the mileage Charge.

c. A SERVICE CHARGE may be applied if You return the Car to any location other than the location from which it is rented.

d. LDW, PERS, PAI/PEC and LIS CHARGES, if applicable, are due and payable in full for each full or partial rental day, at the rates specified on the Rental Record.

e. TAXES, TAX REIMBURSEMENTS, VEHICLE LICENSING FEES, AIRPORT AND/OR HOTEL RELATED FEES AND FEE RECOVERIES, GOVERNMENTAL OR OTHER SURCHARGES AND SIMILAR FEES are charged/recovered at the rates specified on the Rental Record or as otherwise required by applicable law.

f. TOLL, PARKING & TRAFFIC OCCURRENCES/VIOLATIONS: YOU WILL BE RESPONSIBLE FOR AND PAY ALL TOLL OCCURRENCES, ALL PARKING (INCLUDING PRIVATE OPERATED PARKING FACILITIES), TRAFFIC AND TOLL FEES, COSTS, VIOLATIONS, OTHER EXPENSES AND PENALTIES, ALL TOWING, STORAGE AND IMPOUND FEES AND ALL TICKETS CHARGED TO THE CAR ARISING OUT OF THE USE, POSSESSION OR OPERATION OF THE CAR BY YOU OR BY AN AUTHORIZED OPERATOR OR OTHERWISE. You authorized Twin City Rides to release Your billing/rental information and charge or debit card information or billing account information and information regarding Your rental to any vendor engaged by Twin City Rides with respect to toll, parking and traffic occurrences (together with their affiliated entities, collectively, “TPT Vendor”) for the exclusive purpose of processing and billing for unpaid fees from toll and parking occurrences (including fees and costs assessed by privately operated parking facilities and/or their agents), and any toll, parking or traffic violations, fines, penalties, and related fees or costs (and for TPT Vendor services, if utilized). You also agree to indemnify Twin City Rides and/or TPT Vendor, if they pay same. You agree to pay, upon billing by Twin City Rides or TPT Vendor, applicable service fees (typically up to $42.00) and other fees related to such toll or parking occurrences (including fees and costs assessed by privately operated parking facilities and/or their agents) or toll, parking or traffic violations, fines, penalties and related fees or costs. You further agree that Twin City Rides and/or TPT Vendor may provide information about You to a court, governmental agency, privately-owned or operated parking provider, or associated payment processor or debt collector for each unpaid toll or parking occurrence and any toll, parking traffic or other violations, fines, penalties, or citations incurred during Your rental. You further understand that Twin City Rides and /or TPT Vendor may furnish information regarding You, including but not limited to Your name, address and driver’s license number to the governmental agency,  court, privately-owned or operated parking provider, or associated payment processor or debt collector responsible for issuing or enforcing unpaid toll or parking occurrences and toll, parking or other violations, fines, penalties or citations that You incur during Your rental. For rentals throughout the U.S., including Hawaii: The amount of the service fee which You will be charged if Twin City Rides or TPT Vendor is required to pay for such an infraction or toll occurrence is up to $42.00 per toll occurrence or citation. You are encouraged to pay directly to the court, county government or other appropriate agency the applicable tolls, fines, costs, monetary assessments, penalties, fees, surcharges or other charges.

g. RECOVERY EXPENSE consists of all costs of any kind incurred by Twin City Rides in recovering the Car either under this Agreement, or if it is seized by governmental authorities as a result of its use by You, any Authorized Operator or any other operator with Your, his or her permission, including, but not limited to, all attorneys’ fees and court costs.

h. COLLECTION EXPENSE consists of all third party, out-of-pocket costs of any kind incurred by Twin City Rides in collecting Charges from You or the person, corporation or other entity to whom they are billed, including, but not limited to, reimbursing Twin City Rides for the fees incurred from retaining a third-party collection agency to collect debts owed by You. Where permitted by applicable law, certain third-party collection fees may be based on a percentage of the debt You owe, at a maximum of thirty-five percent (35%). Where permitted by applicable law, you further agree to reimburse Twin City Rides for all other actual costs and expenses incurred by Twin City Rides, including reasonable attorneys’ fees and court costs and expenses incurred by Twin City Rides, in such collection efforts. You agree that the costs collected pursuant to this Agreement are reasonable.

i. LATE PAYMENT FEES may be applied to any balance due for Charges that are not paid within 30 days of Twin City Rides’ mailing an invoice for such Charges to You or the person to whom they are to be billed. Such invoice may be mailed either to Your or their address specified at time of rental, or Your or their billing address on file with Twin City Rides.

j. FINES AND OTHER EXPENSES include, but are not limited to, fines, penalties, attorneys’ fees and court costs assessed against or paid by Twin City Rides resulting from the use of the Car by You, any Authorized Operator or any other operator with Your, his or her permission.

k. CHARGES FOR ADDITIONAL SERVICES, such as In car Navigation System, alternative GPS or other navigation systems, and infant and toddler car seats, if applicable, will be charged at the rates specified on the Rental Record. Charges for additional services, if stated on the Rental Record as a daily rate, are due and payable for each full or partial rental day.

l. RETURN CHANGE FEE.  A one-time Return Change Fee of $10 will be applied if You desire to extend your rental more than 12 hours past the return date/time or return the Car to a different location. You must notify Twin City Rides of such a change by calling the customer support line at least 12 hours prior to your scheduled return date /time.  Failure to notify Twin City Rides of any change in your scheduled return date/time or location will result in a one-time fee of $50 plus the cost of the rental based on the actual day and location of return.  In addition, Rental rates are subject to increase if any change is made to your rental, including a change to extend the rental or changing the return location (drop fees may apply).

m. LATE RETURN FEE.  Vehicles returned 30 minutes late or more are charged for an additional part or full day, depending on the time of return. For vehicles returned more than 12 hours late an additional charge of $12 per day, up to a maximum of 5 days ($60), will also be applied.

n. LOST KEYS/KEY FOBS/LOCKOUTS. If You lose the keys/key fob to the Car, Twin City Rides may charge You for the cost of replacing the keys or key fob and for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Twin City Rides location. If You lock the keys/key fob in the Car and request assistance from Twin City Rides, Twin City Rides may charge You for the cost of delivering replacement keys/key fob (if possible) or towing the Car to the nearest Twin City Rides location.

o. LOST/BROKEN GPS UNITS, CAR SEATS, ETC. If GPS units, Car Seats, or any other separately provided product is lost, stolen, or broken while on rent, you must notify Twin City Rides, and You will be responsible for replacement, delivery, and service costs.

p. SMOKING FEE. In the event it is determined by Twin City Rides personnel that You smoked in the car (based on odor, test strips, or other mechanisms) or the car smells of cigarette, marijuana, or other smoke, You will be charged a $400 fee.

q. ANY OTHER CHARGES specified on the Rental Record will be charged at the applicable rates specified on the Rental Record. Any such charges which are stated on the Rental Record as a daily rate shall be due and payable for each full or partial rental day.

r. Charges will continue to accrue until the Car is returned to Twin City Rides or, if the Car has been stolen, until You report the theft both to the police in the jurisdiction in which the theft occurs and to Twin City Rides.

8. REFUELING OPTIONS

Most Twin City Rides rentals come with a full tank of gas, but that is not always the case. There are three refueling options:

1. IF YOU DO NOT PURCHASE FUEL FROM TWIN CITY RIDES AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH AT LEAST AS MUCH FUEL AS WAS IN IT WHEN YOU RECEIVED IT, You will not pay Twin City Rides a charge for fuel. In some instances, in-vehicle technologies and telematics devices, including global positioning technology, may be used to confirm that the level of fuel in the Car is at least as much as it was in it when You received it.

2. IF YOU DO NOT PURCHASE FUEL FROM TWIN CITY RIDES AT THE BEGINNING OF YOUR RENTAL AND YOU RETURN THE CAR WITH LESS FUEL THAN WAS IN IT WHEN YOU RECEIVED IT, Twin City Rides will charge You a Fuel and Service Charge at the applicable per-mile/kilometer or per-gallon rate specified on the Rental Record.

a. The per-mile/kilometer rate is used if You do not refuel the vehicle during the rental but drive the vehicle less than 75 miles. To calculate this amount, Twin City Rides multiplies the number of miles driven during the rental, as shown on the Car’s odometer, times the per-mile/kilometer rate shown on the Rental Record.

b. The per-gallon rate is used if the tank is not as full when You return the Car as when You received it. To calculate this amount, Twin City Rides multiplies the number of gallons needed to refill the fuel tank to the level it was at when You received the Car, times the per-gallon rate.

ALTHOUGH TWO METHODS ARE USED FOR EASE OF CALCULATION, THE PER-MILE/KILOMETER AND PER-GALLON RATES PRODUCE APPROXIMATELY THE SAME RESULT.

3. IF YOU CHOOSE TO PURCHASE FUEL FROM TWIN CITY RIDES AT THE BEGINNING OF YOUR RENTAL BY SELECTING THE FUEL PURCHASE OPTION, You will be charged as shown on the Rental Record for that purchase. IF YOU CHOOSE THIS OPTION, YOU WILL NOT INCUR AN ADDITIONAL FUEL AND SERVICE CHARGE, BUT YOU WILL NOT RECEIVE ANY CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN, except in the following cases:

b. For rentals other than Replacement Rentals, if You drive the Car 75 miles or less and return it with less than a full tank of fuel, You will receive credit for the amount previously charged for the purchase of fuel from Twin City Rides and will be charged for the fuel used at the per-mile rate shown on the Rental Record, but only if this will reduce the amount You pay for fuel.

EXCEPT FOR RENTALS AS TO WHICH CLAUSE (a) OR (b) OF SUBPARAGRAPH (3) BECOMES APPLICABLE, THE PER GALLON COST OF THE FUEL PURCHASE OPTION WILL ALWAYS BE LOWER THAN THE FUEL AND SERVICE CHARGE. BUT IF YOU ELECT THE FUEL PURCHASE OPTION YOU WILL NOT RECEIVE CREDIT FOR FUEL LEFT IN THE TANK AT THE TIME OF RETURN. THE COST OF REFUELING THE CAR YOURSELF AT A LOCAL SERVICE STATION WILL GENERALLY BE LOWER THAN THE FUEL AND SERVICE CHARGE OR THE FUEL PURCHASE OPTION. HOWEVER, THE FUEL AND SERVICE CHARGE AND THE FUEL PURCHASE OPTION ALLOW FOR THE CONVENIENCE OF NOT HAVING TO STOP AND REFUEL THE CAR PRIOR TO RETURN.

IN CERTAIN INSTANCES, TWIN CITY RIDES EMPLOYS THE USE OF IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY, TO CALCULATE THE AMOUNT OF FUEL USED IF YOU DO NOT PURCHASE FUEL AT THE BEGINNING OF YOUR RENTAL AND CHOOSE TO RETURN THE CAR WITH LESS FUEL IN THE TANK THAN BEFORE YOU LEFT THE LOT. THE USE OF THESE IN-VEHICLE TECHNOLOGIES AND TELEMATICS DEVICES, INCLUDING GLOBAL POSITIONING TECHNOLOGY, IS NOT INTENDED TO BE AN ACCURATE MEASUREMENT OF THE AMOUNT OF FUEL IN THE TANK, BUT INSTEAD, IS A REPLACEMENT FOR AND/OR CONFIRMATION OF THE VISUAL ESTIMATE CONDUCTED BY MANUAL READ. ANY AMOUNT OF FUEL CHARGED IS LIMITED SOLELY TO THE ESTIMATE PROVIDED BY THESE DEVICES, REGARDLESS OF THE AMOUNT OF FUEL IN THE CAR. YOU MAY ELECT FOR A “VISUAL CONFIRMATION” OF THE TELEMATICES ESTIMATE UPON RETURN OF THE CAR. FURTHER, YOU MAY ALWAYS OPT OUT OF THIS OPTION ALTOGETHER BY PURCHASING FUEL AT THE BEGINNING OF THE RENTAL. 

9. ARBITRATION AND CLASS ACTION WAIVER

ARBITRATION PROVISION: THIS AGREEMENT REQUIRES ARBITRATION OR A SMALL CLAIMS COURT CASE ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS. BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO THIS ARBITRATION PROVISION. Except for claims for property damage, personal injury or death, ANY DISPUTES BETWEEN YOU AND US (“US” AND “WE” FOR THE PURPOSES OF THIS ARBITRATION PROVISION MEANS TWIN CITY RIDES, ITS PARENT AND AFFILIATE CORPORATIONS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND ANY VENDOR OR THIRD PARTY PROVIDING SERVICES FOR THE RENTAL TRANSACTION) MUST BE RESOLVED ONLY BY ARBITRATION OR IN A SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT ALLOWED. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. You and we remain free to bring any issues to the attention of government agencies. This Arbitration Provision's scope is broad and includes, without limitation, any claims relating to any aspect of the relationship or communications between us, whether based in contract, tort, statute, fraud, misrepresentation, equity, or any other legal theory. It is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq. In any arbitration under this Arbitration Provision, all issues are for the arbitrator to decide, including his or her own jurisdiction, and any objections with respect to the existence, scope or validity of this Arbitration Provision. The arbitration will take place in the county of Your billing address unless agreed otherwise. The American Arbitration Association ("AAA") will administer any arbitration pursuant to its Consumer Arbitration Rules (the "Rules"). You can obtain the Rules at www.adr.org. You or we may commence an arbitration by providing a written demand for arbitration to the other (to us, Twin City Rides, 8 The Green, Suite B, Dover, DE 19901, Attn: Arbitration) and two copies of the demand to the AAA. If You seek $10,000 or less through arbitration, we will reimburse You for any AAA required filing fee. The arbitrator may award injunctive relief as well as money, but only in favor of and as warranted by the claim of the individual party seeking relief. Judgment on the arbitration award may be entered in any court having jurisdiction. An arbitration award and any judgment confirming it apply only to the specific parties in that case and cannot be used in any other case except to enforce the award itself. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class action. IF YOU DO NOT WISH TO AGREE TO THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF YOUR RECEIPT OF THIS AGREEMENT BY EMAILING US AT drive@TwinCityRides.com  OR BY MAIL TO Twin City Rides, 8 The Green, Suite B, Dover, DE 19901, Attn: Legal Department. Include Your name, address, the number at the top of the Rental Record, and a clear statement that You do not agree to this Arbitration Provision. If you have previously notified Twin City Rides of Your decision to opt out of arbitration, you do not need to do so again.

10. RESPONSIBILITY FOR PROPERTY

YOU AGREE THAT TWIN CITY RIDES IS NOT RESPONSIBLE TO YOU, ANY AUTHORIZED OPERATORS OR ANYONE ELSE FOR ANY LOSS OF OR DAMAGE TO YOUR OR THEIR PERSONAL PROPERTY CAUSED BY YOUR OR THEIR ACTS OR OMISSIONS, THOSE OF ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY TWIN CITY RIDES’ NEGLIGENCE. YOU AND ANY AUTHORIZED OPERATORS HEREBY WAIVE ANY CLAIM AGAINST TWIN CITY RIDES, ITS AGENTS OR EMPLOYEES, FOR LOSS OF OR DAMAGE TO YOUR OR ANYONE ELSE’S PERSONAL PROPERTY, WHICH INCLUDES, WITHOUT LIMITATION, PROPERTY LEFT IN ANY TWIN CITY RIDES VEHICLE OR BROUGHT ON TWIN CITY RIDES’ PREMISES, CAUSED BY YOU OR ANY AUTHORIZED OPERATOR, BY ANY THIRD PARTY OR, TO THE EXTENT PERMITTED BY LAW, BY TWIN CITY RIDES’ NEGLIGENCE WHETHER IN WHOLE OR IN PART. YOU AND ANY AUTHORIZED OPERATORS AGREE TO INDEMNIFY AND HOLD TWIN CITY RIDES HARMLESS FROM ANY CLAIM AGAINST TWIN CITY RIDES FOR LOSS OF OR DAMAGE TO PERSONAL PROPERTY THAT IS CONNECTED WITH ANY RENTAL UNDER THIS AGREEMENT.

11. ACCIDENTS, THEFT, VANDALISM AND DAMAGE

You must promptly and properly report any accident, theft or vandalism involving the Car to Twin City Rides and to the police in the jurisdiction in which such incident takes place. All damage to the vehicle, regardless of fault, must be reported to Twin City Rides. You should obtain details of witnesses and other vehicles involved and their drivers, owners and relevant insurances wherever possible. If You or any Authorized Operator receive any papers relating to such an incident, those papers must be promptly given to Twin City Rides. You and any Authorized Operators must cooperate fully with Twin City Rides’ investigation of such incident and defense of any resulting claim. FAILURE TO COOPERATE FULLY MAY VOID ALL LIABILITY PROTECTION, PAI/PEC, LIS, AND LDW. You and any Authorized Operators authorize Twin City Rides to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurs and waive any right to object to such jurisdiction.

12. LIMITS ON LIABILITY

Twin City Rides will not be liable to You or any Authorized Operators for any indirect, special or consequential damages (including lost profits) arising in any way out of any matter covered by this Agreement.

13. PRIVACY

Twin City Rides may collect and use personally identifiable data about You in accordance with the Twin City Rides Privacy Policy (the “Privacy Policy”). Pursuant to the Privacy Policy and applicable laws, You have the option to limit use, sale or sharing by Twin City Rides of personally identifiable data about You for marketing purposes and You may access, correct, or delete certain data about You. The Privacy Policy explains these options and provides information about how to choose an option. A full copy of Twin City Rides’ Privacy Policy, which is incorporated herein by reference and subject to change by Twin City Rides from time to time, may be obtained at the rental location at which Your rental commences.

14. WAIVER OF CHANGE OF TERMS/GOVERNING LAW

a. No term of this Agreement may be waived or changed except by a writing signed by an expressly authorized representative of Twin City Rides. Rental representatives are not authorized to waive or change any term of this Agreement.
b. This Agreement is governed by the substantive law of the jurisdiction in which the rental commences, without giving effect to the choice of law rules thereof, and You irrevocably and unconditionally consent and submit to the nonexclusive jurisdiction of the courts located in that jurisdiction.
c. If any provision of this Agreement conflicts with any applicable law or regulation in any jurisdiction, then that provision shall be deemed to be modified as to the jurisdiction (but, to the extent permitted by law, not elsewhere) to be consistent with such law or regulation, or to be deleted if modification is impossible, and shall not affect the remainder of this Agreement, which shall continue in full force and effect. If any provision of this Agreement is held to be so broad as to be unenforceable in any jurisdiction, then that provision shall be interpreted to be only so broad as is necessary for it to be enforceable as to such jurisdiction (but, to the extent permitted by law, not elsewhere).

15. PAYMENTS TO INTERMEDIARIES

If You arranged for this rental through a travel agent, internet travel site, broker or other intermediary acting on Your behalf, Twin City Rides or an affiliate of Twin City Rides’ licensor may have paid commissions or other payments to that party to compensate it for arranging such rentals. That compensation may be based in part on the overall volume of business that party books with Twin City Rides or the overall volume of business that party books with affiliates and licensees of Twin City Rides’ licensor. For details on such compensation, you should contact that party.

16. RECOVERY OF COSTS

Except if prohibited by applicable law or arbitration rule, in any arbitration or other legal proceeding between You and us, the prevailing party shall be entitled to receive from the other party the prevailing party’s costs and expenses incurred in such arbitration or legal proceeding, including reasonable attorneys’ fees, arbitration or court costs, and arbitrator’s fees.