Introduction

Xeluxe Corp, DBA Alan’s Car Rentals, provides a Car Rental Service in the Boston and Greater Boston area that connects customers with our rental fleet of vehicle whilst providing guests a below-industry average price/discount by their invite-only private bookings. By accessing or using the Services, including by communicating with us, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Xeluxe Corp.

These Terms, together with the cancellation policy, nondiscrimination policy, applicable insurance terms and certificates, the additional policies, and all the policies referred to and/or linked herein (together, the “Policies”) constitute the “Agreement” between you and Xeluxe Corp (each a “Party” and together, “the Parties”).

Modification. Xeluxe Corp reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms.

Eligibility & Verification

Eligibility

The Services are intended solely for guests who meet our eligibility requirements in the location where the vehicle is booked, you must be 21 years or older, have a State-Issued Driver’s License, no permits will be allowed, have personal insurance coverage, and legally may operate a motor vehicle.

Verification

Where permitted, Xeluxe Corp has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users, including driving history and driver’s license validity and (2) verify vehicle details. Xeluxe Corp does not endorse any vehicle, user, or a user’s background, or commit to undertake any specific screening process. Xeluxe Corp may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Xeluxe Corp to request, receive, use, and store such information. Xeluxe Corp may permit or refuse your request to book. Xeluxe Corp may, but does not commit to, undertake efforts to ensure the safety of vehicles shared through the Services. We do not make any representations about, confirm, or endorse the safety, roadworthiness, or legal status of any vehicles shared via the Services.

Fees

Fees

The fees we charge for using the Services and other cost structures will be itemized at checkout for guests. You can verify the amount for your trip at checkout before you submit your trip request. When you provide Xeluxe Corp a payment method, you authorize Xeluxe Corp, or third-party service providers acting on behalf of Xeluxe Corp, to store your payment credential for future use in the event you owe Xeluxe Corp any money. You authorize Xeluxe to use stored payment credentials for balances, including for trip costs and guest fees (e.g., late fees, security deposits, card authorizations, processing fees and claims costs, and related administrative fees). In some cases, our payment processors have arrangements with card networks to automatically update stored payment credentials whenever you receive a new card (e.g., replacing an expired card or one that was reported lost or stolen) and we will rely on such updates to stored payment credentials for balances. If we attempt to issue a refund and the original payment method is no longer on file or otherwise inaccessible, we reserve the right to issue travel credit in lieu of refunding to your original payment method. Any use of travel credit is governed by the terms and conditions outlined.

Collection of fees

Xeluxe Corp and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Xeluxe Corp, or the collection agencies we retain, may also report information about your account to credit bureaus. As a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third-party charges. If you wish to dispute the information Xeluxe Corp reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact us under the “about us” tab. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Xeluxe Corp Account, you must contact the collection agency directly.

Your commitments

You agree that you will always use your Xeluxe Corp account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Xeluxe Corp.

Account Activity. You are, and will be solely responsible for, all activity that occurs through your Xeluxe Corp account. Keep your account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether you have authorized such activities or actions. You will immediately notify Xeluxe Corp of any actual or suspected unauthorized use of your account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your account unless you have reported unauthorized access to us.

Prohibited activities

In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

• Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights

• Post false, inaccurate, misleading, defamatory, or libelous content

Dilute, tarnish, or otherwise harm the Xeluxe Corp brand:

• Through unauthorized use of the Services and/or user content

• By registering and/or using "Xeluxe Corp" or derivative terms in domain names, trade names, trademarks, or otherwise

• By registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Xeluxe Corp’s domains, trademarks, taglines, promotional campaigns, and/or user content

Provide or submit any false or misleading information, including:

• False name, date of birth, driver’s license details, payment method, insurance, or other personal information

• In relation to a claim (for example about damage to a vehicle)

• By registering for an account on behalf of an individual other than yourself or the company you represent

• Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity

Fail to honor your commitments, including:

• Fail to pay fees, penalties, or other amounts owed to Xeluxe Corp

• Fail, as a guest to return any vehicle

• Transfer your account and/or user ID to another party without our consent

• Leave a vehicle unlocked or running with the keys inside, except where instructed to do so directly by Xeluxe Corp in certain limited circumstances

Harm or threaten to harm users of our community, including:

• Harass, stalk, or defame Xeluxe Corp or collect or store any personally identifiable information about any member in relations to Xeluxe Corp

• Engage in physically or verbally abusive or threatening conduct

• Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers

• Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the community

• Sue or assert legal claims against Xeluxe Corp in any manner prohibited or waived by these Terms

Other legal matters

Violations. Xeluxe Corp has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.

Xeluxe Corp reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Xeluxe Corp, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Xeluxe Corp, our members, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your account and access to the Services.

Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.

Communications with you. You agree that Xeluxe Corp may contact you by electronic means (e.g., electronic mail; notifications via messaging, etc.) in lieu of any requirement for mailed notices. To contact you more efficiently, you agree that we may at times also contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We will not place such calls for marketing purposes. Rather, we may only place such calls or texts to confirm your signup, provide notices regarding your account or account activity, investigate or prevent fraud, collect a debt owed to us or recover unpaid invoices, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. You can cancel your SMS or text opt-in preference at any time by replying with “STOP”. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance. As always, standard telephone minute and text and data charges may apply. Carriers are not liable for delayed or undelivered messages. Message frequency may vary.

You authorize Xeluxe Corp and our service providers, without further notice, to monitor or record telephone conversations or web chat interactions you have, or anyone acting on your behalf has, with Xeluxe Corp or its agents for quality control, training, or other purposes. You understand and agree that your communications with Xeluxe Corp may be overheard, monitored, or recorded. If you do not wish to have your call recorded, please contact us instead in writing through our form on the “about” tab. If you do not wish to have your chat activity recorded or monitored, please do not message or communicate in any way on the Services.

Insurance: Xeluxe Corp is not an insurance company and does not insure guests. Guest protection plans made available through the Services of RentalCover. Guests must have personal vehicle insurance prior to booking a vehicle or choose the $15/day RentalCover protection, otherwise Xeluxe Corp may proceed legal action for any direct losses caused by a guest, (damaging the rental vehicle, damaging another vehicle on the road, flat tires, etc).

Specific terms for guests

The following sections also apply if you book a vehicle using the Services:

Guest commitments

As a guest, you commit that you will be a legally licensed driver and provide proof to the host or via the Services of a current, valid driver’s license. You will treat the vehicle and any applicable Extras well and will take all reasonable measures to return the vehicle and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than a person listed in the trip details as an Approved Driver to drive the vehicle you booked.

Guest financial responsibility for physical damage to the vehicle

The guest that booked the trip (“primary guest”) is financially responsible for all physical damage to or theft of a booked vehicle that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the vehicle, regardless of who is found to be at fault. This responsibility applies whether the primary guest has their own auto insurance or not.

Primary guests may be insured against damage to the booked vehicle under their own automobile policies. When you book a vehicle with Xeluxe Corp DBA Alan’s Car Rentals, you agree that if any damage occurs to the booked vehicle during the booked trip, you will work with Xeluxe Corp to make a claim for coverage under any policy of insurance that applies to the loss.

The primary guest can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked vehicle during the booked trip by choosing RentalCover’s protection plan or go through personal insurance on the Services.

Use of the vehicle

When you book a vehicle on the Services, you must use the vehicle only for your personal or professional use and not for any commercial purposes (e.g. those that require a commercial driver's license) unless you have express written permission from the Xeluxe Corp Legal Department in advance. You may not access a vehicle until the trip start time, and you must return the vehicle on time and to the correct location. You must present a current, valid driver’s license. You must exercise reasonable care in your use of the vehicle. You are always required to operate the vehicle safely, and in compliance with all applicable laws, including without limitation, speed limits and prohibitions on impaired or distracted driving. In the event Xeluxe Corp has any concern about your use of a vehicle, Xeluxe Corp may terminate your trip in its discretion at any time and require the return of the vehicle, including recovering the vehicle. You are required to wear seat belts during the operation of the vehicle and to require that all of your passengers wear seat belts. You are also required to meet any laws or regulations concerning child safety seats and other protections for children. You must not leave the car unlocked or with the keys unsecure (such as in the ignition). You must not engage in any prohibited uses with any vehicle you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact us. If you misuse a vehicle, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Guests also acknowledge that using a vehicle in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any comprehensive or collision protection and/or protection plan where allowed by applicable law.

Telematics notice and release. Vehicles booked on Xeluxe Corp DBA Alan’s Car Rentals may have features or an on-board device that may monitor the state of the vehicle from moment to moment, during a trip. The non-personal information collected by the features or on-board device may include, for example, a vehicle’s condition; damage and accident records; performance, operation, and diagnostic data; and information on mileage, acceleration, velocity, fuel consumption, fuel level, tire pressure, odometer, location and direction, and other vehicle information (“Vehicle Data”). Use of the features or on-board device is subject to the terms and conditions posted by the vehicle manufacturer or technology provider, which may include system and service limitations, warranty exclusions, limitations of liability, wireless service provider terms, privacy practices, descriptions of use and sharing of information, and user responsibilities. Unless prohibited by law, you authorize the use or disclosure of or access to the Vehicle Data and you shall inform any Approved Driver and passengers of the terms of this section. You release Xeluxe Corp and agree to indemnify, defend and hold harmless host, operator of the features or on-board devices, wireless carrier(s) and other suppliers of components or services and their respective employees, officers, directors and agents from any damage (including incidental and/or consequential damages) to persons (including without limitation you, an Approved Driver, and passengers) or property caused by failure of the features or on-board device to operate properly or otherwise arising from the use of the feature or on-board device by you, an Approved Driver, or passengers.

No responsibility for shared vehicles or personal belongings

You acknowledge that Xeluxe Corp is not responsible and shall not be liable for the safety, roadworthiness, or legal status of any vehicles shared via the Services. You also acknowledge and agree that neither Xeluxe Corp nor its members are responsible for lost or stolen property left in any vehicle or taken or damaged during a trip.

Incident reporting

You must immediately report any damage to the vehicle you are using to Xeluxe Corp. In the US, the UK, and Australia, if there has been a collision, you must also make a report to the police. In Canada, if there has been a collision with significant vehicle damage (e.g., more than $2,000), you must also make a report to the police. In France, making a report to the police is not mandatory where the incident only involves vehicle damage and no personal injury, however you must complete an incident report in all cases. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Xeluxe Corp or third-party claims administrators with a written description of the incident and any other information requested, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Xeluxe Corp, third party claims administrators, or insurers. After an incident involving anything more than minor vehicle damage (e.g., small dent or scratch), you may not continue to use the vehicle unless you have the explicit permission of Xeluxe Corp’s staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.

Vehicle theft

The primary guest who books the reservation is responsible for any private investigation costs Xeluxe Corp deems necessary to recover a vehicle that is not returned. In addition, a $500 case administration fee will be imposed on the primary guest if Xeluxe Corp and/or a vehicle marked as stolen to law enforcement due to it not being returned.

Repossession. Xeluxe Corp may repossess any vehicle booked through the Services without demand, at the guest’s expense, if the vehicle is not returned by the end of the reservation, is found illegally parked, apparently abandoned, or used in violation of applicable law or these Terms.

Limitation of liability and waiver

THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, XELUXE CORP EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Xeluxe Corp makes no warranty that the Services, including, but not limited to, the listing and/or any vehicle or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Xeluxe Corp makes no warranty regarding the quality of any listings, vehicles, guests, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Xeluxe Corp, or its service providers or through the Services or content, will create any warranty not expressly made herein.

EXCEPT WHERE PROHIBITED BY LAW, YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST XELUXE CORP AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “XELUXE CORP PARTIES”) AND ANY MEMBER OF XELUXE CORP FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) VEHICLE AVAILABILITY, (2) PROBLEMS WITH A VEHICLE (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A VEHICLE), (3) VEHICLE WARRANTY ISSUES (E.G., ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY ASSOCIATED WITH THE VEHICLE), (4) THE LEGAL OR LICENSE STATUS OF A VEHICLE, (5) THIRD PARTY ASSESSMENTS OF A VEHICLE'S VALUE, OR (6) ANY ACTION OR INACTION OF XELUXE CORP AND ITS MEMBERS.

YOU AGREE THAT NEITHER XELUXE CORP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING BOOKING OF ANY VEHICLE OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.