Policies
Policies - American Classic Adventures American Classic Adventures
Policies
All tours cancelled or modified 10 or more days before the scheduled start of the tour are eligible for a full refund.
All tours cancelled or modified less than 10 days prior to the schedule start of the tour will surrender the 30% deposit. If the tour was paid in full, a 70% refund will be made.
Please email or call us if you have any further questions or need to cancel or modify your booking.
All purchases made in the retail store are final.
This Privacy Policy describes how American Classic Adventures (“we,” “us,” or “our”) collects, uses, and shares the personal information we obtain through our website [www.americanclassicadventures.com] (hereinafter referred to as the “Site”). By using the Site, you agree to the terms and conditions of this Privacy Policy.
Information Collection
Use of Information
Cookies and Similar Technologies
We use cookies and similar technologies to collect certain automatic information when you visit our Site. These technologies help us improve the Site and provide you with a personalized experience. You can adjust your cookie preferences through your browser settings.
Information Security
We maintain appropriate security measures to protect your personal information against unauthorized access, loss, or alteration. However, please be aware that no data transmission over the Internet can guarantee complete security.
Links to Third-Party Sites
Our Site may contain links to third-party websites. This Privacy Policy does not apply to those sites, and we are not responsible for the privacy practices or content of such sites. We recommend that you read the privacy policies of the third-party websites you visit.
Updates to the Privacy Policy
We may update this Privacy Policy from time to time, with the date of the last update indicated at the beginning of the document. We recommend that you periodically review this Privacy Policy to stay informed about our most current privacy practices.
Contact
If you have any questions, concerns, or requests regarding this Privacy Policy, you can contact us using the following contact information:
American Classic Adventures
3190 Sunset Rd
Las Vegas, NV 89118
United States
Phone: +1 (702) 344 6936
Email: sales@americanclassicadventures.com
TERMS AND CONDITIONS
By choosing American Classic Adventures LLC, a Nevada limited liability company (“American Classic Adventures”) to plan your vacation, you signify your agreement with the following terms and conditions with American Classic Adventures:
1. The Agreement. These Terms and Conditions, any rental document you receive when you are provided access to the car you are renting, any additional agreement signed by you, and any documents or agreements (or links to online documents or agreements) sent to you electronically in connection with your rental and the services provided by American Classic Adventures and any return receipt or record together constitute the “Agreement” between yourself and American Classic Adventures. “You” and “your” refer to the person who signs this Agreement, “we”, “our” and “us” refer to American Classic Adventures. You also agree that you are not our agent for any purpose; and that you cannot assign delegate or transfer your obligations under the Agreement and any discrete part thereof.
2. Agent for Suppliers: American Classic Adventures acts as a sales agent for any hotel, tour operator, or other service provider named in your itinerary or confirmation (collectively, the “Suppliers”). We are not responsible for the acts or omissions of the Suppliers or their failure to adhere to their own schedules, provide services or refunds, financial default, or failure to honor future trip credits. We have no special knowledge regarding the financial condition of the Suppliers and no liability for recommending some form of a trip credit in lieu of a refund.
3. Travel Documents: You agree to review your travel itinerary and other travel documents for accuracy and to inform us promptly of any issues. The names on your documents must match exactly your government-issued identification.
4. Risks of Travel and Release: We assume no responsibility for and shall not be liable for the acts or omissions on the part of any other party not under our control or any acts of God, unsafe conditions, terrorism, health hazards including pandemics, illness, weather hazards, or the suitability of a disabled person of any portion of any trip. We recommend you conduct your own research related to any such dangers existing at the time of your trip. It is your personal decision to travel, and you are doing so with full knowledge of current travel recommendations and travel restrictions with regards to the risks of any such matters. You assume full and complete responsibility for checking and verifying all conditions regarding health, safety, security, political stability, weather, and labor or civil unrest at such destination.
YOU HEREBY EXPRESSLY ASSUME ALL OF THESE RISKS AND DANGERS, AND YOU HEREBY EXPRESSLY AGREE TO FOREVER RELEASE, DISCHARGE AND HOLD US, AND OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, ASSOCIATES, AFFILIATED COMPANIES, GUIDES, GROUP LEADERS, AND SUBCONTRACTORS HARMLESS AGAINST ANY AND ALL LIABILITY, ACTIONS, CAUSES OF ACTIONS, SUITS, CLAIMS, AND DEMANDS OF ANY AND EVERY KIND AND NATURE WHATSOEVER WHICH YOU NOW HAVE OR WHICH MAY HEREAFTER ARISE OUT OF OR IN CONNECTION WITH THESE RISKS AND DANGERS.
5. Fees and Price Drops: You agree to pay a deposit for the travel planning, change, and other fees at the time of booking. You agree to pay the remaining balance in full upon arrival and commencement of the trip.. Fees will be charged on a fixed basis based upon the trip. Fees will be based on the destination, vehicle selected, and number of days of the trip, and which will include the hotel booking, vehicle rental and related items. All of our fees are non-refundable.
6. Insurance: For your protection, we strongly recommend that you purchase any form of available trip cancellation and travel accident insurance provided by any Suppliers. Please note that most policies have a specific clause stating they do not cover epidemics and pandemics, especially when travel warnings are in place. No representation or description of the insurance made by our staff constitutes a binding assurance or promise about the insurance. You agree to hold us harmless for your election not to purchase travel insurance or for any denial of claim by travel insurer as it relates to any claim under the policy.
7. Credit Card Merchant: We also strongly recommend that you use a credit card for your purchases, so that you can exercise your rights under the Fair Credit Billing Act if you do not receive the services you purchased. However, if we are the credit card merchant, our role is to facilitate the sale, collect funds on your behalf, and remit those funds to the Suppliers. If the Suppliers do not provide the services, your only recourse would be against the Suppliers, and you agree not to initiate a chargeback against us.
1. Your Rental. You rent from American Classic Adventures the car described on the Agreement, which rental is solely a transfer of possession and not of ownership. You agree to the terms in the Agreement provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls.
2. Changes. Any change in the Agreement or our rights must be in writing and signed by an authorized officer of American Classic Adventures. You further agree that we have the unilateral right to change these Terms and Conditions from time to time either upon written notice to you, in paper or electronic form, or upon our posting such changes on the American Classic Adventures website. Such changes will apply to rentals that you reserve after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the American Classic Adventures website, which date will be indicated therein, without any requirement by you to sign the changed Terms and Conditions. Changes to these Terms and Conditions will be posted as they occur on the American Classic Adventures website at www.americanclassicadventures.com and will govern all rentals commencing after posting even if the terms provided at the time of reserving the rental car are different.
3. Meaning of Car. The word “car” in the Agreement means the vehicle rented to you or its replacement and includes tires, tools, keys, key fobs, equipment, included and optional accessories, plates, documents, and any other products or property provided by American Classic Adventures with the vehicle and separately rented to you by American Classic Adventures unless otherwise explicitly specified in the Agreement.
4. Who May Drive the Car. You represent to American Classic Adventures that you are a capable and validly licensed driver between the ages of 26 and 75 years old and will remain a capable and validly licensed driver throughout the term of your rental. You agree that we have the right to verify that your license has been validly issued and is in good standing (not suspended, revoked or otherwise restricted in any way) as a condition precedent to each rental; and that we may in our sole discretion refuse to rent to you if your license is not in good standing. We reserve the right to deny rentals based upon (i) information about your license status, (ii) authenticity of your driver’s license or other credentials, (iii) the inability to verify your identity or payment methods, (iv) your driving record provided by the Motor Vehicle Department of the jurisdiction that issued your license, or (v) any other information received from any other source in the business of validating an identity or the driver’s license credential that we believe to be reliable. We reserve the right to validate your driving credentials and license good standing periodically without notice to you except as required by law. Except where otherwise specifically authorized by applicable law, only you and individuals who have completed the Driving Information herein may drive the car (collectively, “Permitted Drivers” and, each individually, a “Permitted Driver”). Any Permitted Driver must be at least 26 years old and not older than 75 years old and must also be a capable and validly licensed driver at all times during which such person is operating the car. Any person other than you or a Permitted Driver that operates the car must sign an additional driver form at the time of the rental. We may charge for each additional driver authorized to drive the car, which will be specified on the Agreement. You acknowledge that you will remain financially responsible under the Agreement at all times even if the car is operated by a Permitted Driver or someone other than yourself.
5. Return of the Car. You agree to return the car to us in the same condition you received it, ordinary wear and tear excepted, on the date, at the time and to the location specified in the Agreement. You must return it sooner on our demand. If you return it earlier or later, a different or higher rental rate may apply and, if returned later, you may also be charged a late return fee as further described herein. You may not return the car outside of the return location’s operating hours, unless by appointment. If you do, your responsibility for damage to or loss of the car will continue and all charges stated on the Agreement as a periodic rate will continue to accrue until the return location reopens and we process the return of the car.
If we do not find the car when the location opens, your responsibility for all charges and for damage to or loss of the car will continue until the car is actually returned or recovered. If you wish to extend any rental you must contact us or use a method we approve to request the extension before your return date. We may or may not grant an extension or decline to grant it for the entire period you request, on a case-by-case basis in our sole discretion. If you do not return the car to the location specified in the Agreement, as and when required under the Agreement, you may be subject to criminal penalties. If we do grant an extension a different or higher rate may be applied to the extension period and a service fee may also apply.
6. Rental Charges. You will pay for the trip you select and the period of time you rent the car at the rate indicated on the Agreement. Unless otherwise indicated on the Agreement, the minimum charge is one day (24 hours), unless “calendar day” is indicated on the Agreement. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins or, if a calendar day is specified on the Agreement, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental commences. You’ll pay all charges that apply to the rental for miscellaneous services and, where permitted, concession recovery fees, vehicle license recovery fees, and other fees and surcharges. You hereby acknowledge and agree that at the time of return, the odometer or the vehicle’s telematics device must not exceed One Hundred Twenty Five percent (125%) of the designated route’s nominal distance and, if it does exceed such amount, you are subject to additional fees and charges. In addition,
7. Prices and Descriptions. American Classic Adventures makes every effort to ensure that all prices and descriptions quoted on its website or elsewhere are accurate and correct. However, in the case of an omission or manifest error, American Classic Adventures reserves the right to rescind the Agreement, even if we have already accepted your reservation and/or received your payment. Our liability in that event will be limited to the return of any money that you have paid with respect to the reservation. In the case of a manifest error in which we permit you to keep your reservation, we reserve the right to require that you pay the difference between the quoted price and the correct price, as confirmed in writing by American Classic Adventures after the manifest error has been discovered. A “manifest error”, as the term is used in this paragraph, means, in relation to an incorrect price, a price quoted in error by American Classic Adventures which is more than 15% less than the price that would have been quoted had the mistake not been made.
8. Card Reserve. You acknowledge that you have been informed that if you use a charge card (including any digital wallet or mobile payment application linked to your charge card account), your credit, up to an amount of the estimated total charges due under the Agreement, as indicated on the Agreement, based on your representations about this rental, may be set aside or reserved by the card issuer of the card, which you present for payment of your rental charges; or, if you use a debit card funds in the account to which that card is linked may be set aside for the greater of the amount of the estimated total charges due under the Agreement, based on your representations about this rental as indicated on the Agreement, or the deposit amount indicated on signs at our location which you rent the car at the time of rental. You consent to the reservation or setting aside of that estimated total amount at the time of commencement of the rental. You understand that we will authorize the release of any excess reserve or set aside upon the completion of your rental (return of the car and our determination of whether any additional fees or charges apply), and that your card issuer’s rules apply to your credit line or your account being credited for such excess and may not be immediately released by your card issuer.
9. Repossessing the Car. We can repossess the car at any time in our sole discretion for reasons that include, but are not limited to, the following: the car (i) is found illegally parked; (ii) is being used to violate the law or the terms of the Agreement; or (iii) appears to be abandoned. You agree that we need not notify you in advance and that we may take any actions reasonably necessary to obtain possession of the car, including remotely disabling the engine, remotely locking the doors, tracking the location of the car through GPS tracking devices and utilizing for our benefit any other devices connected to the car or affecting the car’s operation. If the car is repossessed, you agree to pay or reimburse us for the actual and reasonable costs incurred by us to repossess the car. You agree that such costs will be charged to the credit or debit card or account you used to rent the car.
10. Damage to/Loss of the Car. If the car is lost or damaged as a direct or indirect result of a violation of paragraph 12, or damaged as a result of an act of nature, you are responsible and you will pay us for all loss of or damage to the car regardless of cause, or who, or what caused it. If the car is damaged, you will pay our estimated repair cost, or if, in our sole discretion, we determine to sell the car in its damaged condition, you will pay the difference between the car’s retail fair market value before it was damaged and the sale proceeds, except as otherwise required by law. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as glass, mirrors, tires, and antenna, as part of your rental charges at the time of return. As part of our loss, you’ll also pay for loss of use of the car, without regard to our fleet utilization, plus an administrative fee and towing and storage charges, if any (“Incidental Loss”). If your responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, you authorize us to contact the benefit provider directly on your behalf and you assign all of your benefits directly to us to recover all consequential and incidental damages, including but not limited to the repairs of the car plus diminished value or the fair market retail value of the car (less salvage value plus costs incurred in the salvage-sale), and all Incidental Loss and administrative fees. If we collect our loss from a third party after we have collected our loss from you, we will refund the difference, if any, between what you paid us and what we collected from the third party. If the law of a jurisdiction covering this rental requires conditions on LDW that are different than the terms of the Agreement, such as if your liability for ordinary negligence is limited by such law, that law prevails. You understand that you are not authorized to repair or have the car repaired without our express prior written consent. If you repair or have the car repaired without our consent, you will pay the estimated cost to restore the car to the condition it was in prior to your rental. If we authorize you to have the car repaired and the cost of repair is our responsibility, we will reimburse you for those repairs only if you give us the repair receipt.
11. Prohibited Use of the Car. Certain uses of the care and other actions you or a drive may take, or fail to take, will violate the Agreement. A VIOLATION OF THIS PARAGRAPH WILL AUTOMATICALLY TERMINATE YOUR RENTAL AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING, BUT NOT LIMITED TO, SUPPLEMENTAL LIABILITY INSURANCE, PERSONAL ACCIDENT INSURANCE, PERSONAL EFFECTS INSURANCE, ANY ROADSIDE ASSISTANCE PLAN ANDEMERGENCY SICKNESS PROTECTION.. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED ATTORNEYS’ FEES, LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of this Paragraph if any of the following occurs:
12. Fuel Service Charge. Most rentals come with a full take of fuel, but that is not always the case. Where available, if permitted by law, if you drive less than 75 miles, you acknowledge that we will add a flat fee to the rental, the amount of which will be disclosed on the Agreement and prior to rental. You may avoid this charge at time of return by providing a receipt for fuel purchased at which time the flat fee will be reversed from your total rental charges. If this subparagraph does not apply, there are three refueling options:
1) If you do not accept the fuel service option, where available, at the beginning of your rental, and you return the car with less fuel than was in it when you received it, as we determine in our sole discretion, we will charge you a fuel service charge at the applicable rate per-mile or rate per-gallon specified on the Agreement or disclosed at the location. The per-mile rate is used if you do not buy fuel during the rental. To calculate this amount, we multiply the number of miles driven, as shown on the car’s odometer (or provided by the vehicle’s telematics device), times the per-mile rate shown on the Agreement. The per gallon rate is used if you buy fuel during the rental and provide us with a receipt on our request, but the tank is not as full when you return the car as when you received the car (by using the factory installed gauge, rounded down to the nearest 1/8 tank), times the per-gallon rate shown on the Agreement. Although two methods are used for ease of calculation, the per mile and per-gallon rates produce approximately the same result. Some of our cars are equipped with onboard telematics which record the actual amounts of fuel in the gas tank. In the event your car has such a device, you will be charged for the actual amount of gasoline needed to fill the tank based on the reading of this device.
2) If you accept the fuel service option at the beginning of your rental, you will be charged as shown on the rental document for that purchase and you will not pay us a fuel service charge. If you choose this option, you will not incur an additional fuel service charge, but you will not receive any credit for fuel left in the tank at the time of return. If you accept the partial fuel service option at the beginning of your rental, you will be charged as shown on the Agreement for that purchase and you will pay a fuel service charge for any fuel not covered by the partial fuel service option. The per-gallon cost of the fuel service option will always be lower than the fuel service charge. The cost of refueling the car yourself at a local service station may be lower than the fuel service charge or the fuel service option. You acknowledge that the fuel service charge is not a retail sale of fuel.
3) You may avoid a fuel service charge if you return the car with the fuel tank as full as when you received it and, if requested by us, present a receipt for your fuel purchase. If you put fuel into the car, you must use the correct fuel (having the grade of gasoline stated on the car fuel information decal, or on-road diesel). Do not use ethanol fuel of greater than 20% of total fuel content even if the car states that it is a flex-fuel vehicle.
13. Fines, Expenses, Costs and Administrative Fees. You’ll pay or reimburse us for all fines, penalties, interest, and court costs for parking, traffic, toll and other violations, including storage liens and charges incurred as a result of your rental. You will also pay a reasonable administrative fee with respect to any violation of the Agreement, such as for repossessing or recovering the car for any reason. You agree we may, in our sole discretion, pay all tickets, citations, fines, penalties and interest on your behalf directly to the appropriate authority and you will pay us for what we paid to the appropriate authority or their designated agents plus a reasonable administrative fee and any attorneys’ fees and expenses we incur. You agree and acknowledge that we cooperate with all federal, state/provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required.
You authorize us to bill you directly to the credit card/debit card you used to rent the car for the purpose of processing and billing you for any tickets, citations, fines and penalties incurred by you or assessed against us or the car during your rental plus a reasonable administrative fee not to exceed $__ per violation. You authorize us or another agent we appoint to bill you directly to the credit/debit card you used to rent the car. You authorize us or another agent we authorize to contact you directly regarding any tickets, citations, fines and penalties incurred by your or assessed against us or to our car while the car was rented to you.
In the event we use a third-party collection service or agent to resolve any tickets, citations, fines, penalties, and interest, you agree to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. You acknowledge that you have no right to contest any such infraction or enter any plea other than guilty or no contest unless we consent to your action, provided that the penalty for the infraction is only the payment of money and does not involve any other administrative, civil, or criminal penalty.
You agree to indemnify and hold us and each and every agent we authorize harmless for any such tickets, citations, fines, penalties, interest and administrative fees.
14. Liability Protection. Anyone driving the car who is permitted to drive it by the Agreement will be protected against liability for causing bodily injury or death to others or damaging the property of someone other than the authorized driver and/or the renter up to the minimum financial responsibility limits required by the law of the jurisdiction in which the accident occurs. The limit for bodily injury sustained by any one person includes any claim for loss of that person’s consortium or services. Where applicable law extends this protection to a non-Permitted Driver, the same limits will apply. Except where required by law to be primary or excess, any protection provided by us shall be secondary to, and not in excess of, any applicable insurance available to you, or any other driver, from any other source, whether primary, excess, secondary or contingent in any way. If this protection is extended by operation of law to anyone not permitted by the Agreement to drive the car, or to any person or instance where coverage is not intended to be afforded by the Agreement, the financial responsibility limits of the jurisdiction in which the accident occurred will apply.
You agree that we can provide coverage under a certificate of self-insurance or an insurance policy, or both, as we choose. In any case, a copy of the policy and/or certificate will be available for your inspection at our main office. You understand that unless required by applicable law, we will not provide (a) coverage for fines, penalties, punitive or exemplary damages; (b) coverage for bodily injury to you, or your death while not a driver, or any member of your family or the driver’s family related by blood, marriage or adoption residing with you or them; or the drivers family, or to a fellow employee arising out of or in the course of employment; (c) defense against any claim, unless we are required to provide primary protection, but in such event not after the applicable limits of protection that we furnish are tendered; (d) supplementary no fault, noncompulsory uninsured or under-insured motorist coverage, and any other optional or rejectable coverage, and you and we reject all such coverages to the extent permitted by law. Where any of these coverages are required or implied by law, the limits will be the minimum required under the applicable statute. Where permitted by law, you are rejecting uninsured or underinsured motorist and all optional automobile insurance coverages and under any policy of insurance or certificate of self-insurance in connection with the Agreement, for you and all other passengers in the car. You understand that uninsured and underinsured motorist coverage protects you and other passengers in a car for losses and damages suffered if injury is caused by the negligence of a driver who does not have any insurance or has insufficient insurance to pay for losses and damages.
15. Inherent Risks. You understand that operating a classic car is a different experience from driving a modern car. Driving speeds may be lower, road noise may be higher, and stopping distances may be longer than in a modern vehicle, among other differences. Additionally, while American Classic Adventures makes every effort to keep these cars in excellent condition, breakdowns may occur due to,among other matters, the age of the car. In the event of a car breakdown, American Classic Adventures will work to provide a timely resolution, which may include adjusting the itinerary, providing a replacement vehicle or providing a partial or full refund, as we find applicable, and at no liability to American Classic Adventures.
16. Indemnification and Waiver. You shall defend, indemnify, and hold us and affiliated companies harmless from all losses, liabilities, damages, injuries, claims, demands, awards, costs, attorney fees, and other expenses incurred by us in any manner from this rental transaction or from the use of the car by you or any person, including claims of, or liabilities to, third parties. You may present a claim to your insurance carrier for such events or losses; but in any event, you shall have final responsibility to us for all such losses. YOU WAIVE ANY CLAIM AGAINST US FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE RENTAL.
17. Property In the Car. We are not responsible for loss of, theft, or damage to any property in or on the car, or received or handled by us, regardless of who is at fault. You’ll be responsible to us for claims by others for loss or damage caused by your property.
18. Currency Conversion. If you use a credit or charge card that is issued by a financial institution outside of the United States and your charges are billed to us in a currency other than U.S. Dollars, the full amount of your charges will be converted to U.S. Dollars by us unless you have submitted a written request in advance to have the currency conversion performed by your card issuer. Any currency conversion processing charge applied by your card issue will be borne entirely by you.
19. Error In Rental Charges. The charges shown on the return record are not final and are subject to review. You’ll pay any undercharges and you’ll receive a refund for any overcharges we discover on review.
20. Collections. If you do not pay all amounts due to us under the Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the car including, without limitation, payment for loss of or damage to the car, rental charges, parking, red light and traffic fines and penalties, toll charges, towing, storage and impoundment fees, we will take the following actions: (a) You agree to pay a late charge of 10% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”).(b) You agree to also pay for any costs that we incur in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost of recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, you authorize us and our collection agent, to contact you or your employer, at your place of business about the payment of any past due Charges or Costs. You also agree that we or our collection agent(s) may access the personal information that you provided to us in any effort to collect any Charges or Costs under this section and may use the address provided by you on the Agreement, or in any customer profile, as the place to send any demands or collection notices. (c) In the event that you presented a credit card or debit card for payment, you understand that we may report such deficiency to an appropriate credit reporting agency and you also authorize us to share that credit and debit card information with third party collection agents and further authorize us or our collection agents to charge any amounts due to us including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
21. Arbitration. Pre-Dispute Resolution Procedure: Before asserting a claim in any proceeding (including, but not limited to, in an individual arbitration proceeding or in a small claims court proceeding), you and American Classic Adventures agree that each shall give the other party written notice of the claim to be asserted thirty (30) days before initiating a proceeding and make a reasonable good faith effort to resolve the claim. If you intend to assert a claim against American Classic Adventures, you must send the written notice of the claim to Attention: American Classic Adventures 3190 E. Sunset Rd. Suite C, Las Vegas, NV 89120 Attn: Legal Department. If American Classic Adventures intends to assert a claim against you, we will send the written notice of the claim to you at your address appearing in our records. The parties may, but are under no obligation to, engage in privileged settlement negotiations during this thirty (30) day period. NO SETTLEMENT DEMAND OR SETTLEMENT OFFER USED IN THIS PRE-DISPUTE RESOLUTION PROCESS MAY BE USED IN ANY PROCEEDING, INCLUDING AS EVIDENCE OR AS AN ADMISSION OF ANY LIABILITY OR DAMAGES (OR LACK THEREOF).
Dispute Resolution: (Not applicable if mandatory arbitration is prohibited by law.) Except as otherwise provided below, in the event of a dispute that cannot be resolved informally through the pre-dispute resolution procedure, all disputes between you and American Classic Adventures arising out of, relating to or in connection with your rental of a car from American Classic Adventures and the Agreement shall be exclusively adjudicated by binding arbitration through the American Arbitration Association (“AAA”) pursuant to the AAA’s then current rules for commercial arbitration. There is an impartial arbitrator but no judge or jury in arbitration. Both parties waive the right to a jury trial. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited. With respect to any claim or action hereunder, all dispute resolutions shall occur in Clark County, Nevada and you irrevocably waive any objection you may have at any time to the laying on venue of any dispute arising out or relating to this Agreement outside of Clark County, Nevada.
YOU AND AMERICAN CLASSIC ADVENTURES AGREE THAT ANY SUCH ARBITRATION SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATION PROCEEDING. Notwithstanding any provision in the Agreement to the contrary, if the class action waiver in the prior sentence is deemed invalid or unenforceable, neither you nor we are entitled to pursue dispute resolution by binding arbitration.
Disputes and claims that are within the scope of a small claims court’s authority, as well as disputes and claims regarding personal injury and/or damage to or loss of a car related to your American Classic Adventures rental, are exempt from the foregoing dispute resolution provision.
24. Communication Services and Satellite Radio. You acknowledge that the car may be equipped with a communication service or mobile device (such as OnStar or a similar service) (a “Communication System”), that provides emergency notification, navigation, diagnostics, tracking and other services, and a receiver for receiving audio signals from subscription satellite radio services to which American Classic Adventures may subscribe (“Satellite Radio”). You expressly authorize all of those services. You acknowledge that you understand that a Communication System, such as OnStar, requires the car’s electrical system and equipment, cellular service and satellite technologies to be available and operating to function properly. Not all services offered by the Communication System provider are available on all cars. You agree to not use the Communication System while driving or for illegal purposes. You agree to pay any additional charges you incur by using such Communication System, such as international phone calls, all of which we are authorized to charge to your card. The Communication System acts as a link to existing emergency and other service providers. Services are limited by, and neither the Communication System provider nor American Classic Adventures is liable for, conditions or services outside their control. Any information (e.g. navigational route support) provided through a Communication System is on an “as is” basis. The Communication System provider (including OnStar), its service providers and American Classic Adventures will not be Liable to you or any user of the Communication System in connection with the use of such information. You understand and agree that the Communication System provider may provide us and/or Law enforcement with all necessary information to enable us and/or Law enforcement to Locate the car, if you fail to return the car when and where required under the Agreement. You agree to release and hold us, and the Communication System providers, harmless for any Communication System failures. You also agree to Limit claims against the Communication System provider for damages for any losses under any theory to the pro rata portion of the rate for use of the car for one day. If your rental car has active Communication System equipment, you understand that your use of the car is subject to the terms and conditions of the Communication System provider, including system and service Limitations, warranty exclusions, limitations of Liability, wireless service provider terms, privacy practices relating to the Communication System provider’s collection, use and sharing of information about you and the car, and the application of other relevant provisions including responsibilities you have when using the Communication System. You should review the Communication System provider’s website for details regarding their Terms and Conditions and Privacy Statement. Details regarding the OnStar Terms and Conditions and Privacy Statement are available at OnStar.com. By proceeding to rent the car and sign this contract, you authorize the provision of the Communication System in accordance with and agree to be bound by the Terms and Conditions and Privacy Statement of the Communication System provider. Not every car is equipped with a Communication System and/or Satellite Radio. Some cars in our fleet may have a Communication System and/or Satellite Radio equipment, however, such equipment may not be active. We may charge separately for access to Satellite Radio as an optional accessory on the Agreement and the Rental Receipt. We may establish an access code for Satellite Radio or program the car not to give you access to Satellite Radio unless you have reserved that option in advance. If we provide you access to Satellite Radio based on your advance reservation, you will be charged for access whether or not you use this option. Unless you are advised that you have a car with a Communication System and/or Satellite Radio, you will not have access to the systems and you should not rely upon them or take steps to activate them. Renters shall not activate any service and in the event that a renter does activate a service in violation of this provision, the renter agrees to be completely responsible for the annual subscription and/or cancellation fees(s) for that service.
25. Additional Services and Products. From time to time we may offer additional services and/or products with associated terms and conditions or terms of use. If you purchase and/or use these services or products you agree to be bound by such associated terms and conditions or terms of use, which are incorporated herein by reference.
26. Use of GPS Tracking Devices. We use GPS tracking devices to track or locate cars which may be Late for their scheduled return, reported stolen, suspected of being lost, stolen, or abandoned or as may be required or requested by law enforcement, or to identify cars which have been damaged and may require roadside assistance, when we have a good faith belief that there is an emergency that poses a threat to your safety or the safety of another person, or as necessary to defend, protect or enforce our rights in connection with the use of our products and/or services. You should have no expectation of privacy or confidentiality as to the places where the car is driven while rented to you. However, we shall not sell, share, or transfer your data to any third party unless otherwise required by applicable law.
For a copy of our Privacy Notice, please go to ww.americanclassicadventures.com.
27. Connected Car & Location Data.
Equipment. Certain cars contain devices that monitor the car’s condition, performance and operation, track fuel consumption, distance travelled, location and other information (the “Connected Car Data”), and may transmit such Connected Car Data to us, our third-party providers and/or the car manufacturer. Some or all of these communications are turned on all the time, even when other services or other media in the car are turned off. We cannot guarantee that a car without these features will be available at your time of rental.
These devices may have been installed by us, on our behalf, or by the car manufacturer. If the devices are installed by the car manufacturer, the car manufacturer will process the Connected Car Data in accordance with its privacy notice. We do not provide the car manufacturer with your personally identifiable information (“PII”), unless authorized by you, or is necessary in connection with the provision of services provided through such car manufacturer or is required by law. We may enter into agreements with car manufacturers to receive some or all of the Connected Car Data collected by these devices. We may use a third party to process the Connected Car Data on our behalf. We do not provide the third-party processor with your PII, unless authorized by you, necessary in connection with the provision of services provided through such third party or required by law. By requesting and using our services, you expressly agree to our collection, use and sharing of your PII for as long as the law allows.
Download of Your Address Book and Other Information from Your Mobile Device. Some of our vehicles allow you to connect your personal phone or device via Bluetooth to the vehicle’s electronic system. If you choose to do so, the vehicle may automatically load your address book, store your incoming, outgoing, and missed telephone calls, and other information from your device. You should follow the steps displayed on the vehicle system screen to delete this information and the device from the vehicle’s memory. American Classic Adventures is not responsible for assuring the privacy of any such information and cannot guarantee that other persons you do not authorize will gain access to this information after you return the vehicle.
28. Other Important Provisions. We may transfer our rights and obligations under these Terms and Conditions to another party, but this will not affect your rights or the obligations of the provider under the Agreement. You may only transfer your rights or obligations under these Terms and Conditions to another person if we agree in writing. If we fail to insist that you perform any of your obligations, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the provisions of the Agreement operate separately. If any court of competent jurisdiction decides that any discrete provision of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
29. Cooperation. You agree to cooperate and coordinate with American Classic Adventures generally and to take any actions American Classic Adventures reasonably requests in connection with (i) this Agreement, (ii) your use and return of the car, and (iii) any disputes, actions, proceedings, suits, and investigations related to this Agreement or your use of the car, including without limitation, execution and delivery of any documents American Classic Adventures reasonably requests, giving testimony under oath, and taking any other actions American Classic Adventures reasonably requests related to this Agreement or your car rental.
30. Choice of Law; Venue. All terms and conditions of this Agreement shall be interpreted, construed and enforced pursuant to the laws of Nevada without giving effect to the conflict of laws provisions of Nevada. Subject to Section 21, with respect to any claim or action arising hereunder: (a) the parties irrevocably submit to the exclusive jurisdiction of the courts of the State of Nevada and the United States District Court located in Clark County, Nevada, and (b) each party irrevocably waives any objection which it may have at any time to the laying on venue of any suit, action or proceeding arising out or relating to this Agreement or any schedule or supplement hereto or any certificate or document delivered by any parties in connection with this Agreement brought in any such court and irrevocably waives any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum.
[TO BE COMPLETED BY DRIVER(S)]
Printed Name:
Signature:
Executed as of the __ day of 20__
Address:
[TO BE COMPLETED BY AMERICAN]
Title:
Signature:
