Damage Waiver Info

California Damage Waiver

Enterprise CarShare® agrees, subject to the exclusions for relief from damage responsibility and the acts or omissions which void Optional Damage Waiver set forth below, to contractually relieve Members of responsibility above the retained responsibility, if any, for physical damage or loss to the Vehicle during the Car Share Period regardless of cause.  Should a vehicle be damaged or lost as a result of member or an authorized driver using or operating the Vehicle in a manner as set forth in sections a – e below, Member shall be responsible for the full extent of any damage to or loss of a Vehicle as permitted by law.  Retained responsibility amount(s): $500.00, including associated costs, per occurrence, unless Member has purchased Optional Damage Waiver, as described below.

EXCLUSIONS:  Relief from damage responsibility does not apply, and Member will be responsible for ALL damages, if:

a. Damage or loss results from an Authorized Driver’s

1. Intentional, willful, wanton, or reckless conduct

2. Operation of the vehicle under the influence of drugs or alcohol in violation of Section 23152 of the California Vehicle Code,

3. Towing or pushing anything, or

4. Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

b. Damage or loss occurs while the vehicle is

1. Used for commercial hire,

2. Used in connection with conduct that could be properly charged as a felony,

3. Involved in a speed test or contest or in driver training activity,

4. Operated by a person other than an authorized driver, or

5. Operated outside of the United States.

c. Any Authorized Driver(s) has

1. Provided fraudulent information to the rental company, or

2. Provided false information and the rental company would not have rented Vehicle if it had instead received true information

Member may purchase Damage Waiver (DW) from Enterprise CarShare for an additional fee. If Member purchases DW, Enterprise CarShare agrees, subject to the actions that invalidate DW listed below, to contractually waive Member’s damage responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico. Owner will not hold Member responsible if Owner offers and Member purchase damage waiver. Damage waiver will not protect Member if:

a. Damage or loss results from an Authorized Driver’s

1. Intentional, willful, wanton, or reckless conduct

2. Operation of the vehicle under the influence of drugs or alcohol in violation of Section 23152 of the California Vehicle Code,

3. Towing or pushing anything, or

4. Operation of the vehicle on an unpaved road if the damage or loss is a direct result of the road or driving conditions.

b. Damage or loss occurs while the vehicle is

1. Used for commercial hire,

2. Used in connection with conduct that could be properly charged as a felony,

3. Involved in a speed test or contest or in driver training activity,

4. Operated by a person other than an authorized driver, or

5. Operated outside of the United States.

c. Any Authorized Driver(s) has

1. Provided fraudulent information to the rental company, or

2. Provided false information and the rental company would not have rented Vehicle if it had instead received true information 

CIVIL CODE SECTION 1936 NOTICE ABOUT RENTER’S FINANCIAL RESPONSIBILITY AND OPTIONAL DAMAGE WAIVER.

OPTIONAL DAMAGE WAIVER: DAMAGE WAIVER IS NOT INSURANCE. THE PURCHASE OF DAMAGE WAIVER IS OPTIONAL AND NOT REQUIRED IN ORDER TO RENT A VEHICLE.

Member is responsible for all collision damage to Vehicle up to the retained responsibility of $500 even if someone else caused it or the cause is unknown. Member is responsible for the cost of repair up to the fair market value of Vehicle, administrative fees, towing, storage, and impound fees. Member is responsible for the first $500 of vandalism that is not a direct result of the actual theft of Vehicle. Member will be responsible for theft of Vehicle or damages resulting from the theft of Vehicle if Member or Authorized Driver(s) fails to exercise ordinary care of Vehicle during the Rental Period. Member’s own insurance, or the issuer of the credit card used to pay for the car rental transaction, may cover all or part of Member’s financial responsibility for Vehicle. Member should check with Member’s insurance company, or credit card issuer, to find out about Member’s coverage and the amount of the deductible, if any, for which Member may be liable. Further, if Member uses a credit card that provides coverage for Member’s potential liability, Member should check with the issuer to determine if Member must first exhaust the coverage limits of Member’s own insurance before the credit card coverage applies.

In those circumstances where exclusions apply, DW is void or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God.  Member shall pay Enterprise CarShare® the amount necessary to repair Vehicle.  Member shall not have Vehicle repaired without written permission from Enterprise CarShare®.  If Vehicle is stolen and not recovered or Enterprise CarShare® determines Vehicle is salvage, Member shall pay Enterprise CarShare® the fair market value less any sale proceeds.  Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare® to recover Vehicle and to establish damage amounts.

Colorado Damage Waiver

NOTICE: THIS CONTRACT OFFERS, FOR AN ADDITIONAL CHARGE, A COLLISION DAMAGE WAIVER TO COVER YOUR RESPONSIBILITY FOR DAMAGE TO THE VEHICLE. YOU ARE ADVISED NOT TO SIGN THIS WAIVER IF YOU HAVE RENTAL VEHICLE COLLISION COVERAGE PROVIDED BY CERTAIN GOLD OR PLATINUM CREDIT CARDS OR COLLISION INSURANCE ON YOUR OWN VEHICLE. BEFORE DECIDING WHETHER TO PURCHASE THE COLLISION DAMAGE WAIVER, YOU MAY WISH TO DETERMINE WHETHER YOUR OWN VEHICLE INSURANCE AFFORDS YOU COVERAGE FOR DAMAGE TO THE RENTAL VEHICLE AND THE AMOUNT OF THE DEDUCTIBLE UNDER YOUR OWN INSURANCE COVERAGE. THE PURCHASE OF THIS COLLISION DAMAGE WAIVER IS NOT MANDATORY AND MAY BE WAIVED.

EXCLUSIONS:  Relief from damage responsibility does not apply, and Member will be responsible for ALL damages, if:

• willful and wanton conduct or misconduct;
• intoxication by alcohol or use of controlled substances as defined in C.R.S. Section 42-4-1301;
• participation in a speed contest;
• carrying person(s) or property for hire, or pushing or towing anything;
• use of Vehicle while committing a misdemeanor or felony or other criminal act;
• use of Vehicle by an unauthorized driver, which includes any person not specifically named as an AAD (s) in this Agreement;
• supplying information which is false concerning the rental transaction with the intent to defraud Owner;
• use of Vehicle outside the continental United States, unless specifically authorized on Page 1; or
• any instance whereby, during the rental of Vehicle, the speedometer or odometer is tampered with or disconnected.

In those circumstances where exclusions apply or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God.  Member shall pay Enterprise CarShare® the amount necessary to repair Vehicle.  Member shall not have Vehicle repaired without written permission from Enterprise CarShare®.  If Vehicle is stolen and not recovered or Enterprise CarShare® determines Vehicle is salvage, Member shall pay Enterprise CarShare® the fair market value less any sale proceeds.  Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare® to recover Vehicle and to establish damage amounts

Illinois Damage Waiver

Enterprise CarShare agrees, subject to the acts or omissions which void CDW set forth below, to contractually relieve Members of responsibility above the retained responsibility, if any, for physical damage or loss of the Vehicle during the Car Share Period regardless of cause.  Should a Vehicle be damaged or lost as a result of Member or an authorized driver using or operating the Vehicle in a manner as set forth in sections a – h below, Member shall be responsible for the full extent of any damage to or loss of a Vehicle as permitted by law.  Retained responsibility amount(s): $500.00, including associated costs, per occurrence, unless Member has purchased Optional Collision Damage Waiver, as described below.

COLLISION DAMAGE WAIVER is not insurance. It it not required in order to rent Vehicle.

Member may purchase optional Collision Damage Waiver (CDW) from Enterprise CarShare for an additional fee . If Member purchases CDW, Enterprise CarShare agrees, subject to the actions that void CDW listed below, to contractually waive Member’s responsibility for all of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence.  Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to lost keys, key fobs, transponders or Optional Accessories. CDW does not apply to damage occurring in Mexico. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

CDW will be voided for one or more of the following reasons: 

1. Damage or loss while the Vehicle is used to carry persons or property for a charge or fee;
2. Damage or loss during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the Vehicle is actively involved;
3. Damage or loss that could reasonably be expected from an intentional or criminal act of the driver other than a traffic infraction;
4. Damage or loss to any Vehicle resulting from any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles;
5. Damage or loss occurring to a Vehicle if the rental contract is based on fraudulent or material misrepresentation by the Member;
6. f. Damage or loss arising out of the use of the Vehicle outside the continental United States when such use is specifically prohibited in the Agreement;
7. Damage or loss occurring while the Vehicle is operated by a driver not permitted under the Agreement; and/or
8. Damage or loss occurring while the Vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.

In those circumstances where CDW is voided or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God.  Member shall pay Enterprise CarShare the amount necessary to repair Vehicle.  To the fullest extent allowed by law, Member shall not have Vehicle repaired without written permission from Enterprise CarShare.  To the fullest extent allowed by law, damages for which Member is also responsible include but are not limited to:  towing, storage or impound fees, and other costs incurred by Enterprise CarShare to recover Vehicle and to establish damage amounts.  Liability for theft of the Vehicle is limited to $500.00 except if Member or any additional authorized driver(s) fails to exercise reasonable care while in possession of the Vehicle or the Member or any additional authorized driver(s) commits, aids, or abets the theft of the vehicle, the Member is responsible for the actual and reasonable cost of the Vehicle, up to its fair market value, subject to the limitations set forth in Section 6-305.2 of the Illinois Vehicle Code.

Massachusetts Damage Waiver

DAMAGE RESPONSIBILITY: For periods in which the Member is in compliance with this Agreement and the Vehicle Usage Rules, Enterprise CarShare contractually agrees, subject to the exclusions below, to relieve Member of responsibility for physical damage to the Enterprise CarShare Vehicle and associated costs above the Retained Responsibility amount(s).

Retained Responsibility amount(s): $500.00 including associated costs, per occurrence.

EXCLUSIONS: Relief from damage responsibility does not apply, and Member will be responsible for:

1. Damage or loss caused intentionally, willfully or wantonly by an Authorized Driver;
2. Damage or loss occurring while an Authorized Driver operates the rental vehicle while legally intoxicated or under the influence of any illegal drug or chemical as defined or determined under the law of the state in which the damage occurred;
3. Damage or loss caused while an Authorized Driver is engaging in any speed contest;
4. Damage or loss caused while an Authorized Driver is using the vehicle to push or tow anything or using the vehicle to carry persons or property for hire, unless expressly authorized in the rental agreement;
5. Damage or loss incurred while an Authorized Driver is driving outside the United States or Canada, unless expressly authorized in the rental agreement;
6. Damage or loss incurred while the vehicle is driven, with the Member's permission or accession, by anyone other then an Authorized Driver;
7. Damage or loss incurred after the private passenger automobile was rented or an Authorized Driver was approved as a result of fraudulent information provided to the rental company;
8. Damage or loss incurred as a result of commission of a felony by an Authorized Driver.

In those circumstances where exclusions apply or within the Member's retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God. Member shall pay Enterprise CarShare the amount necessary to repair Vehicle. Member shall not have Vehicle repaired without written permission from Enterprise CarShare. If Vehicle is stolen and not recovered or Enterprise CarShare determines Vehicle is salvage, Member shall pay Enterprise CarShare the fair market value less any sale proceeds. Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs as incurred by Enterprise CarShare to recover Vehicle and to establish damage amounts.

NOTICE: This contract offers, for an additional charge, a Collision Damage Waiver to cover your financial responsibility for damage to the rental vehicle. Your personal automobile insurance may already cover you for damage to a rental car. The purchase of a Collision Damage Waiver is optional and may be declined. For Massachusetts residents: If you have an automobile policy on your personal vehicle with coverage for collision, your policy will cover collision damage to the rental vehicle, less the deductible on our policy. If you have comprehensive coverage on your vehicle, your policy will cover loss on the rental vehicle caused by fire, theft or vandalism, less the deductible on your policy. Drivers who hold policies in other states should check with their insurance agents to determine whether their policies extend to rental vehicles.

New York Damage Waiver

THE FOLLOWING SHALL INVALIDATE DAMAGE WAIVER (DW): A violation of the contract shall exist and DW (Also referenced as Optional Vehicle Protection) is void and shall not apply to the following situations:

1. The damage or loss caused intentionally, willfully or wantonly by an Authorized Driver;
2. The damage or loss occurring while an Authorized Driver operates the rental vehicle while legally intoxicated or impaired by the use of alcohol or drugs;
3. The rental vehicle company entered into the rental transaction based on fraudulent or materially false information supplied by the renter or authorized driver;
4. The damage or loss arises out of the use of the vehicle while engaged in the commission of a crime other than a traffic infraction;
5. The damage or loss arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver's training;
6. The damage or loss arises out of the use of the vehicle to carry persons or property for hire, to push or tow anything, while engaged in a speed contest, operating off road, or for driver's training;
7. The damage or loss out of the use of the vehicle outside the continental United States when that use is not specifically authorized by the rental agreement;
8. The authorized driver has failed to comply with the requirements for reporting damage or loss as set forth in the rental agreement (Enterprise CarShareTerms of Use).

NOTICE: This contract offers, for an additional charge, optional vehicle protection to cover your financial responsibility for damage or loss to the rental vehicle. The purchase of Optional Vehicle Protection is optional and may be declined. You are advised to carefully consider whether to purchase this protection if you have rental vehicle collision coverage provided by your credit card or automobile insurance policy. Before deciding whether to purchase Optional Vehicle Protection, you may wish to determine whether your credit card or your vehicle insurance affords you coverage for damage to the rental vehicle and the amount of deductible under such coverage.

Damage Responsibility. For periods in which the Member is in compliance with this Agreement and the Vehicle Usage Rules, Enterprise CarShare contractually agrees, subject to the exclusions above, to relieve Member of responsibility for physical damage to the Enterprise CarShare Vehicle above the Retained Responsibility amount(s).

Retained Responsibility amount(s): $500.00 including associated costs, per occurrence.

Utah Damage Waiver

DAMAGE RESPONSIBILITY: Enterprise CarShare® agrees, subject to the exclusions below which void Damage Waiver (DW), to contractually relieve Members of responsibility above the retained responsibility, if any, for physical damage to or loss of the Vehicle during the Car Share Period regardless of fault or negligence.  Retained responsibility amount(s): $500.00, including associated costs, unless Member has purchased Optional DW.

DW is not insurance. THE PURCHASE OF DW IS OPTIONAL AND not required in order to rent a Vehicle. Member may purchase optional DW from Enterprise CarShare for an additional fee. If Member purchases DW, Enterprise CarShare agrees, subject to the actions that invalidate DW listed below, to contractually waive Member’s responsibility for the retained responsibility portion of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, DW does not apply to lost keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. DW does not apply to damage occurring in Mexico. When deciding whether or not to purchase DW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

EXCLUSIONS:  Relief from damage responsibility and DW do not apply, and Member will be responsible for ALL damages, if:

1. The damage is caused intentionally or as a result of willful and wanton misconduct by an Authorized Driver;
2. The damage arises out of the operation of Vehicle by an Authorized Driver while intoxicated or under the influence of any illegal or unauthorized drug or prescribed medication which should not be taken during operation of a Vehicle;
3. Any transaction for a Car Share Period is based on fraudulent information supplied by Member;
4. The damage arises out of the use of Vehicle by an Authorized Driver while committing or otherwise engaged in a criminal act in which the vehicle usage is related to the nature of the criminal activity;
5. The damage arises out of the use of Vehicle to carry any person or property for hire;
6. The damage occurs while the Vehicle is operated by a person other than an Authorized Driver;
7. The damage arises from the use of Vehicle outside the Authorized State(s);
8. The damage arises from towing or pushing anything;
9. The damage arises from the operation of Vehicle on an unpaved road;
10. The damage or loss of Vehicle is due to theft of Vehicle during the Car Share Period.  However, Member shall have no liability for any loss above the retained responsibility limit due to theft if:
    1. Member has possession of the original ignition key furnished by Enterprise CarShare®,
    2. Member notifies Enterprise CarShare® of the incident and files an official report to the theft with the police or other law enforcement agency within 24 hours of learning of the theft, and
    3. Member cooperates fully with Enterprise CarShare®, police and other authorities in all matters connected with the investigation of the theft.

In those circumstances where exclusions apply or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God.  Member shall pay Enterprise CarShare® the amount necessary to repair Vehicle.  Member shall not have Vehicle repaired without written permission from Enterprise CarShare®.  If Vehicle is stolen and not recovered or Enterprise CarShare® determines Vehicle is salvage, Member shall pay Enterprise CarShare® the fair market value less any sale proceeds.  Damages for which Member is also responsible include but are not limited to: loss of use, claim administrative fees, diminishment of value, towing, storage or impound fees, and other costs incurred by Enterprise CarShare® to recover Vehicle and to establish damage amounts. RENTER’S OWN MOTOR VEHICLE INSURANCE OR HIS CREDIT CARD AGREEMENT MAY COVER ANY DAMAGE OR LOSS TO THE RENTAL VEHICLE.

For Rentals in All Other States

Damage Responsibility.  Enterprise CarShare® agrees, subject to the exclusions below which void Collision Damage Waiver (CDW), to contractually relieve Members of responsibility above the retained responsibility, if any, for physical damage to or loss of the Vehicle during the Car Share Period regardless of fault or negligence.  Retained responsibility amount(s): $500.00, including associated costs, unless Member has purchased Optional CDW.

CDW is not insurance. THE PURCHASE OF CDW IS OPTIONAL AND not required in order to rent a Vehicle. Member may purchase optional CDW from Enterprise CarShare for an additional fee. If Member purchases CDW, Enterprise CarShare agrees, subject to the actions that invalidate CDW listed below, to contractually waive Member’s responsibility for the retained responsibility portion of the cost of damage to, loss or theft of, Vehicle or any part or accessory and related costs regardless of fault or negligence. Notwithstanding anything to the contrary and unless prohibited by law, CDW does not apply to lost keys, key fobs, transponders, Optional Accessories, or any liability imposed by law. CDW does not apply to damage occurring in Mexico. When deciding whether or not to purchase CDW, you may wish to check with your insurance representative or credit card company to determine whether, in the event of damage to, or theft of, Vehicle, you have coverage or protection for such damage or theft and the amount of your deductible or out-of-pocket risk.

EXCLUSIONS:  Relief from damage responsibility and CDW do not apply, and Member will be responsible for ALL damages, if:

1. The damage is caused intentionally or as a result of willful and wanton misconduct by an Authorized Driver;
2. The damage arises out of the operation of Vehicle by an Authorized Driver while intoxicated or under the influence of any illegal or unauthorized drug or prescribed medication which should not be taken during operation of a Vehicle;
3. Any transaction for a Car Share Period is based on fraudulent information supplied by Member;
4. The damage arises out of the use of Vehicle by an Authorized Driver while committing or otherwise engaged in a criminal act in which the vehicle usage is related to the nature of the criminal activity;
5. The damage arises out of the use of Vehicle to carry any person or property for hire;
6. The damage occurs while the Vehicle is operated by a person other than an Authorized Driver;
7. The damage arises from the use of Vehicle outside the Authorized State(s);
8. The damage arises from towing or pushing anything;
9. The damage arises from the operation of Vehicle on an unpaved road;
10. The damage or loss of Vehicle is due to theft of Vehicle during the Car Share Period.  However, Member shall have no liability for any loss above the retained responsibility limit due to theft if:
    1. Member has possession of the original ignition key furnished by Enterprise CarShare®,
    2. Member notifies Enterprise CarShare® of the incident and files an official report to the theft with the police or other law enforcement agency within 24 hours of learning of the theft, and
    3. Member cooperates fully with Enterprise CarShare®, police and other authorities in all matters connected with the investigation of the theft.

In those circumstances where exclusions apply or within the Member’s retained responsibility limit, Member accepts responsibility for damage to, loss or theft of, Vehicle or any part of accessory regardless of fault or negligence of Member or any other person or act of God.  Member shall pay Enterprise CarShare® the amount necessary to repair Vehicle.  Member shall not have Vehicle repaired without written permission from Enterprise CarShare®.  If Vehicle is stolen and not recovered or Enterprise CarShare® determines Vehicle is salvage, Member shall pay Enterprise CarShare® the fair market value less any sale proceeds.  Damages for which Member is also responsible include but are not limited to: loss of use, claim