Rental Terms and Conditions
1. The Rental Agreement. These Rental Terms and Conditions, the Reservation Confirmation, the Rental Agreement, the Privacy Notice, and the Rental Invoice & Vehicle Assignment constitute the “Rental Agreement” between yourself and Altitude Investments, LLC DBA “Diff.” (The “Company”).
2. Your Rental. You are renting from Company the Vehicle described on the Rental Agreement, which rental is solely a transfer of possession, and not of ownership. You agree to the terms in the Rental Agreement provided any such term is not prohibited by the law of a jurisdiction covering this rental, in which case such law controls. “You” and “your” refer to the person who signs this agreement, “we”, “our” and “us” refer to the Company. You also agree that you are not our agent for any purpose; and that you cannot assign, delegate, or transfer your obligations under the Rental Agreement and any discrete part thereof.
3. Changes. Any change in the Rental Agreement or our rights must be in writing. You further agree that we have the unilateral right to change the Rental Terms and Conditions from time to time by posting such changes on the Company website. You agree that the Rental Terms and Conditions that shall govern your rental shall be those posted on the website at commencement of your rental, even if the Rental Terms and Conditions provided at the time you made your reservation are different.
4. Meaning of Vehicle. The word “Vehicle” in the Rental Agreement means the automobile 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 the Company with the Vehicle and separately rented to you by the Company unless otherwise explicitly specified in the Rental Agreement.
5. Who May Drive The Vehicle. You represent to the Company that you are a capable and validly licensed driver 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, is in good standing, and you may be denied permission to rent from us based on these findings. Except where otherwise specifically authorized by applicable law, we require each driver to sign the Rental Agreement.
6. Insurance. You acknowledge that you have and will maintain, for the duration of the Rental Agreement, “full coverage” automobile insurance including liability, comprehensive, and collision coverages. We require, and you agree to provide, proof of coverage evidenced by a valid insurance ID card or insurance declarations page that lists the name(s) of the insured, dates of coverage, policy number, and insurance company name. When the proof of coverage provided only indicates liability coverage, you attest that the policy also includes comprehensive and collision coverages. While the Company maintains liability insurance at or above minimum requirements required by law, you agree that your insurance coverage is to be deemed primary in the event of any claim. Only after your coverage is exhausted will our insurance make any payments. You agree to indemnify and hold the Company, its owners, agent’s, landlords, and employees harmless from and against any and all loss, liability or expense in excess of, or outside the scope or extent of, the coverage provided by the Company’s liability insurance policy.
7. Off-road Use. The Vehicle may only be driven on paved highways, paved roads, gravel or dirt roads, and designated dirt or rock trails on public lands located in the Permitted Driving Area and may not be driven on Prohibited Trails. Driving off a designated roadway or designated trail is strictly prohibited. Driving on trails that are covered in water greater than 6 inches deep, ice, or snow is also prohibited as there is a high risk of getting stuck and / or slipping off the trail in these conditions.
8. Permitted Driving Area: Customers renting from one of our Colorado locations may drive the Vehicle only in the states of Colorado, Utah, New Mexico, and Arizona unless the Company agrees to make an exception as evidenced in writing in the Additional Terms section of the Rental Agreement.
9. Prohibited Trails. Due to the high number of rollover accidents and potential for damage to the Vehicle, the Vehicle may not be driven on Black Bear Pass or Poughkeepsie Gulch in the San Juan Mountains of Colorado.
10. Unlimited Mileage: The rental allows unlimited mileage, except when the Vehicle is driven on Prohibited Trails, outside the Permitted Driving Area, or off a designated roadway or trail. If the Company discovers by any means that the Vehicle was driven in one of these Restricted Areas, the Unlimited Mileage provision of the Rental Agreement is deemed void and as a penalty, you agree to pay the daily rental rate plus thirty cents per total mile driven during the duration of the rental.
11. Telematics and GPS Tracking Device: You acknowledge and accept that the Company may install and use a telematics and global positioning system (GPS) tracking device on the Vehicle to track its current and previous locations and to facilitate our “contactless” Vehicle pick up and return processes. We also use these devices to track and locate Vehicles which are late for their scheduled return, suspected of being lost or stolen, abandoned, in need of roadside assistance, and as may be required or requested by law enforcement with or without a court order. You should have no expectation of privacy or confidentiality as to the places where the Vehicle is driven. You also acknowledge that these devices may malfunction and may not be able to be relied upon to successfully locate you in the event of trouble.
12. Pairing Your Phone: If during your rental you connect or pair your mobile device with the car (for instance via Bluetooth® or USB port), please unpair your device and delete any personal data stored on the Vehicle’s infotainment system upon returning the Vehicle.
13. Driver & Navigation Skills: You acknowledge that driving the Vehicle both on and off-road requires certain skills and that you know how or must learn how to properly operate the 4-wheel drive and other features of the Vehicle prior to use. You acknowledge that the Company is unfamiliar with your knowledge of the Vehicle, your off-road driving experience, or your familiarity with trails in the areas you will travel in. Although the Company may provide you with information to assist you with your rental, you acknowledge that you alone are responsible for assessing and obtaining the necessary Driver & Navigation Skills for operating the Vehicle. You acknowledge and agree that the Company is not responsible for teaching you the Driver & Navigation Skills needed to operate the Vehicle either on or off-road.
14. Inherent Risks: You acknowledge and accept the risks of injury resulting in the possibility of death that are inherent in driving a Vehicle both on a paved road and on off-road trails.
15. Flat Tire: The Company does not offer a service directly to change a flat tire for you, should a flat occur either on or off-road. If a flat occurs on a paved road, you should move to a safe area, call the Roadside Assistance Number for the Vehicle’s manufacturer (Jeep, Ford, or Subaru), and lastly call the Company. The Company recommends that you do not attempt to change a flat tire on the side of a busy road and instead use the free Roadside Assistance provided by the Vehicle’s manufacturer. You acknowledge that the manufacturer and Company both do not offer assistance to replace a flat tire while off-road. You acknowledge that you or someone in your party can change a flat tire when traveling off-road. See the Owner’s Manual located inside the Vehicle for instructions on how to change a flat tire. Should you incur a flat tire, it is recommended that you return the Vehicle immediately after changing the flat tire rather than continue your trip without a spare. If you are on a multi-day trip, call the Company to make arrangements to have the flat tire repaired or replaced. You are financially responsible for flat tire repair or replacement costs, unless you purchase Tire Protection from the Company prior to the start of your rental.
16. Mechanical Failure: If the Vehicle experiences a mechanical failure, call the Roadside Assistance number for the Vehicle’s manufacturer (Jeep, Ford, or Subaru), and lastly call the Company. If the Vehicle experiences a mechanical failure while off-road, call the Company or ask someone to call the Company for you. We will either recover the Vehicle directly or hire a towing company to complete the recovery. We assume all recovery costs if the mechanical failure is caused while operating the Vehicle under normal operating conditions. If the mechanical failure is deemed to have been caused by reckless or careless operation of the Vehicle by us and the manufacturer’s local dealership, you are liable for the recovery and repair costs. Under no circumstances will the Company be responsible to you for any loss, damage, or inconvenience which you may suffer because of any breakdown or malfunction of the Vehicle.
17. Medical Emergency: If you experience a Medical Emergency, call 911. If you are out of range of cellular service, seek assistance from others in the area and ask them to call 911. Then, call the Company.
18. Personal Property: The Company is not liable, under any circumstance, for any loss or damage to your personal property while it is located in the Vehicle or at any other time, regardless of the cause of such loss or damage. In the event your property is lost or damaged, you agree not to make any claim against the Company, its agents, employees or owners for the loss or damage of your Personal Property.
19. Tire Damage: You agree that if the Vehicle is returned with damage to a tire, that we will repair or replace the tire based on our sole discretion and will charge your credit card on file for the cost of the repair or replacement plus a 3% fee to help cover credit card processing fees. You acknowledge that prior to the start of your rental, you may purchase Tire Protection from the Company to alleviate this risk. With the purchase of Tire Protection, you are not responsible for the cost of repair or replacement should damage occur to any of the tires. Wheel damage is less common and is not included in the Tire Protection offered by the Company.
20. Windshield Damage: You agree that if the Vehicle is returned with any damage to the windshield, as evidenced by a before and after photo provided to you prior to the start of the rental, we will repair or replace the windshield based on our sole discretion and charge your credit card on file for the cost plus a 3% fee (to help cover credit card processing fees) unless you have purchased Windshield Protection prior to the start of your rental. You also acknowledge that you are aware that your insurer may provide coverage for damage incurred to the windshield of a Vehicle rented by you. We often must repair or replace a damaged windshield the same or next day after it is returned due to a future reservation for the same Vehicle. Therefore, our policy is to order the glass repair or replacement quickly upon return and to charge your credit card at the time of service for the cost of the repair or replacement plus a 3% fee to help cover credit card processing fees. You are responsible for seeking reimbursement from your insurance company if you have glass coverage and we will provide documentation to you to assist you in filing a claim.
21. Other Damage: You acknowledge that you are responsible for any damage to the Vehicle during the entire rental period, regardless of whether the damage was caused by you, another person, or an “act of God” such as wind, rain, ice, hail, or rockfall. Unlike many rental car companies, we do not charge for loss of use if a Vehicle is returned with damage. Therefore, you understand and agree that time is of the essence to repair a damaged Vehicle so it can be put back into our operation as quickly as possible. As such, you agree to promptly report to us within 48 hours of completing your rental how you intend to pay for damages other than tire or windshield damage descried above. You also authorize us to retain a $500 (five-hundred US dollar) Authorization Hold on your credit card until the damages are paid for by you, to increase the amount of the Authorization Hold if the estimated cost of damage exceeds $500, and to charge your credit card for damages if a resolution acceptable to us is not made within 48 hours of completing your rental.
22. Start of Rental: You agree that your rental starts at the designated time stated on your Rental Agreement, even if you arrive and pick up the Vehicle late at no fault of your own such as a flight delay.
23. End of Rental: You agree that your rental return time shall be designated as the actual time you return the Vehicle to the return location designated on the Rental Agreement and that if the Vehicle is not directly received by a Company representative, that you are required to follow the return instructions provided by text, email, or stated in the Rental Agreement. This may include placing the key in the center console and texting us so we can lock the Vehicle remotely. Or, the instructions may be for you to use a technology provided by us to lock the Vehicle yourself using a smartphone.
24. Early Returns: The Company does not provide refunds for early returns.
25. Late Returns: It is likely that another customer is scheduled to rent the same Vehicle shortly after your rental is scheduled to end and the Company needs adequate time between rentals to properly clean the Vehicle for the next customer. As such, you agree to return the Vehicle on or before the return date and time stated in the Rental Agreement, regardless of whether you pick up the Vehicle before, at, or after the pickup date and time stated on the Rental Agreement. We understand that unforeseen circumstances may occur on occasion and cause a customer to unexpectedly be late. As such, we offer a grace period that allows a customer to return a Vehicle up to 30 minutes after the return date and time specified on the Rental Agreement with no additional charge. If the Vehicle is returned 31 or more minutes late, you also agree to pay for additional rental time consumed at an hourly rate equal to $50 (fifty dollars) per hour. You acknowledge that the Company may use a Telematics & GPS Tracking Device to locate, disable, and repossess a Vehicle not returned by the return date and time stated in the Rental Agreement. You further acknowledge that the Company may do so without notice or hearing, contact law enforcement to report an overdue Vehicle, and press criminal charges in accordance with local law.
26. Extensions: Extensions must be in writing and evidenced by a signed Rental Agreement. Call the Company to request an extension of a Rental Agreement. Extensions are not guaranteed, and we may or may not be able to extend the rental, depending on future reservations for the same Vehicle.
27. Name on Credit Card: The name on the credit card used to pay for the estimated rental charges and Authorization Hold shall match the name(s) of the individual(s) listed on the Rental Agreement. We do not accept payments from third parties that have not signed the Rental Agreement.
28. Payment Terms: We require a credit or debit card to secure a reservation. We also send you a link to make payment online and at your convenience. Payment is due 24 hours prior to the rental start time and if not paid by this time, we will charge the credit or debit card used to secure the reservation.
29. Authorization Hold: Within 24 hours of the rental start time, we will initiate an Authorization Hold on your debit or credit card equal to $500 per Vehicle rented. This is to cover possible additional charges allowed in accordance with the Rental Agreement such as charges for damage, pet hair, cleaning, smoking, late returns, and refueling. Assuming there are no additional charges due after the Vehicle is returned, the Authorization Hold will promptly be released after the Vehicle is inspected and it may take a few days for the funds to become available again on your account. If additional charges are due upon return, the Company will charge the most recent credit or debit card provided for the additional amount due first, and then additional cards on file if necessary. If the additional amount due cannot be immediately quantified (e.g., for damage), the Company will initiate an Authorization Hold on the credit or debit card(s) provided for the estimated additional amount due, and will maintain the Authorization Hold(s) until the additional charges are known and paid for by you, your insurance company, or a third party.
30. Cancellation: You may cancel your reservation and avoid a charge or receive a full refund if you email your request to cancel to firstname.lastname@example.org at least 72 hours prior to the scheduled start time of your rental. We do not accept cancellation requests over the phone or by text, as email documentation for cancellation requests is easier to track and manage. If you do not cancel by email request at least 72 hours prior to the scheduled start time of your rental, we will charge the credit or debit card used to secure the reservation for one day of rental charges.
31. Changes: To avoid an additional charge when needing to change the dates of your reservation, changes must be made at least at least 72 hours prior to the scheduled start time of your rental. Change requests may be made by email, text, or by phone. One day of rental charges will be charged to the credit or debit card on file for cancellations or changes made within 72 hours of the rental start time or for failing to cancel by email and not picking up a vehicle as scheduled
32. No Show: One day of rental charges will be charged to the credit or debit card on file if you fail to cancel by email at least 72 hours prior to the scheduled start time of your rental and if you do not pick up the vehicle as scheduled.
33. Inclement Weather: If you decide not to pick up the vehicle due to inclement weather, we will allow you to reschedule your reservation up to 3 days after the original start time of your rental, based on availability and with no guarantee that we will be able to reschedule your rental. We do not extend the opportunity to reschedule if you pick up the vehicle and then decide to return early due to inclement weather.
34. Drugs and Alcohol: You are prohibited from operating a rental Vehicle under the influence of any non-prescription drug, prescription drug, illicit drug, alcohol, or any other substance that may impair driving ability. Consumption or use of illicit drugs and alcohol are strictly prohibited inside the Vehicle.
35. Smoking: Smoking inside a Vehicle is strictly prohibited by the driver and all passengers. You are also advised that smoking outside a Vehicle and then entering a Vehicle may result in transferring the smell of smoke from your body or clothes to the inside of the Vehicle. A $250 cleaning fee will be assessed if there is evidence of tobacco, vape, marijuana, or other smell of smoke in the Vehicle.
36. Tolls: We charge a $10 processing fee plus the cost of toll charges incurred during your rental term. This amount will be charged to the credit or debit card on file at the time the toll charges are determined by the Company. If we are unable to successfully charge your credit or debit card on file and if we do not receive payment in full within 72 hours of payment demand sent to you by email, the following notice shall apply: This notice shall inform the person renting or leasing the Vehicle that the person’s name, address, and state driver’s license number shall be furnished to the public highway authority when a toll evasion violation civil penalty is incurred during the term of the lease or rental agreement.
37. Citations: We expect you to pay for any parking, traffic, or other citations issued during the term of your rental. If we receive notice of an unpaid citation that occurred during the term of your rental, we will pay the citation and charge your credit or debit card for the cost of the citation plus a $50 processing fee,
38. Vehicle Condition: The Vehicle shall be returned in its original condition with normal wear and tear. We use photos to document Vehicle condition and send or make these photos available to you prior to the start of your rental. You are responsible for making sure that the photos made available to you prior to the start of your rental match the condition of the Vehicle in the photos provided. You should contact us prior to leaving if there is a discrepancy between the photos provided and the actual condition of the Vehicle. You are also encouraged to take your own photos or video of the Vehicle in its parking location prior to leaving. Upon return of or picking up the Vehicle, we do a quick walk around to look for immediately apparent damage and will take photos of any suspected new damage at this time. Since most Vehicles are returned dirty, new damage is sometimes only noticed after the Vehicle is washed. You agree and accept that the photos we take and make available to you prior to the start of your rental will be compared to the photos we take after receiving and washing the Vehicle. You further agree that this comparison will be used as evidence of damage and that you are responsible for any new damage evidenced by the photo comparison.
39. Collections: If you do not pay all amounts due to us under the Rental 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, 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 1 & 1/2% 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 amounts due. 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 amounts due under the Rental Agreement and may use the address provided by you, 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, to that credit or debit card(s) provided.
40. Prohibitions: Removal of the doors or hard top are not permitted for any reason.
41. Pets: While the Company does not restrict pets from being transported in a rental Vehicle, we recommend that you do not bring a pet on an off-road trip. Our experience is that many pets do not like traveling in a Vehicle over rough off-road terrain and that some pets get ill riding in a Vehicle under these conditions.
42. Pet Hair: Removing pet hair from the carpets and seats in our Vehicles can be challenging and time consuming for our staff. Most customers do not have access to the proper cleaning equipment or do not want to take the time to adequately remove all pet hair, dirt, and debris prior to returning the Vehicle. Should you decide to transport a pet inside the Vehicle, a cleaning fee starting at $30 will likely be assessed.
43. Excessive Dirt, Sand, Mud, or Water: A cleaning fee starting at $30 will be assessed when a Vehicle is returned with excessive dirt, sand, mud, or water on the inside of the Vehicle.
44. Soft Top: If you rent a Vehicle with a manually retractable soft top, you are responsible for making sure that the soft top is properly closed and latched or open and properly secured with straps prior to driving the Vehicle. If you open the soft top, the soft top generally stays back on its own weight. However, you should still secure the bars of the soft top with the straps provided in the center console due to factors such as wind, abrupt stopping, and rough terrain. If the straps are missing from the center console, we recommend that you do not open the soft top and that you contact the Company to obtain replacement straps, if available. If you choose to operate the soft top in the open position without securing it with straps, you are solely responsible for any property damage or injury that may occur from such operation.
45. Refueling: We will provide you a photograph of the fuel gauge by text, email, or application prior to you picking up the Vehicle. You acknowledge that this photo shall serve as evidence of the fuel level of the Vehicle at the time you take possession. If the Vehicle is returned with less fuel than indicated in the photo, the Company will charge a refueling fee equal to the amount stated on the Company website as Refuel Service plus the cost of fuel.
46. Car Wash: We provide exterior car wash services at all locations at no additional charge except at our Telluride, CO and Mountain Village, CO locations. At these locations, there is only one public car wash facility available in the area. It is located at the Conoco gas station located at 100 Society Dr in Telluride. We ask customers to refill the gas tank, to purchase the mid-grade car wash at the pump, and to run the Vehicle through the automatic car wash prior to return. We will clean the interior at the parking garage. We also offer a refuel and wash service at these locations for $40 plus the actual cost of fuel and wash. This policy is due to us having no access to water and car washing in Mountain Village, limited staff to take vehicles to the car wash, high labor costs, and generally tight turnaround times between rentals. Thank you for your understanding!
47. Released Parties: To the extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from all claims, liability, costs and attorney fees resulting from or arising out of this rental and your use of the Vehicle. Released Parties include the Company and its owners, employees, agents, insurers, landlords, vendors, successors, and assigns.
48. Warranties: We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability, and no warranty that the Vehicle is fit for a particular purpose. You agree not to alter the Vehicle or any equipment on the Vehicle. If you or an Authorized Driver determine the Vehicle or any equipment is unsafe, you or the Authorized Driver shall stop operating the Vehicle and notify us immediately.
49. 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 the Company agree that each shall give the other party written notice of the claim to be asserted 30 days before initiating a proceeding and make a reasonably good faith effort to resolve the claim. If you intend to assert a claim against Avis, you must send the written notice of the claim to Altitude Investments, LLC at PO Box 104 Telluride, CO 81435. If the Company 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. You and the Company may, but are under no obligation to, engage in privileged settlement negotiations during this 30-day period. 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 the Company arising out of, relating to or in connection with your Rental 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 jury trial. Arbitration procedures are simpler and more limited than rules applicable in court and review by a court is limited.
50. Severability: If any provision of this Agreement is determined to be unlawful, contrary to public policy, void or unenforceable, all remaining provisions shall continue in full force and effect. To the extent that Colorado law is applicable to this Agreement, this Agreement will be construed in accordance with Colorado law.
BY SIGNING THE RENTAL AGREEMENT, I ATTEST THAT I HAVE CAREFULLY READ AND ACCEPT THESE RENTAL TERMS & CONDITIONS.