Terms of Service

Effective Date: July 8, 2026

These Terms of Service (\"Terms\") constitute a legally binding agreement between you (\"Renter,\" \"Driver,\" \"Passenger,\" or \"User\") and Car Rack LLC, Hart Rentals LLC, Hart Automotive LLC, and their respective affiliates, officers, employees, contractors, software providers, and partners (collectively, \"Company,\" \"we,\" \"our,\" or \"us\"). By accessing our website, mobile application, or using any of our services, including making a reservation, signing a rental agreement, or operating a rental vehicle, you agree to be bound by these Terms in their entirety. If you do not agree, do not use our services.

These Terms apply to all renters, authorized and unauthorized drivers, passengers, and any person using or interacting with our vehicles, website, or services.

1. Electronic Signatures & Agreement

By electronically signing any rental agreement, clicking \"I Agree,\" submitting a reservation, or using our services, you acknowledge that your electronic signature is legally binding and carries the same legal weight as a handwritten signature under applicable federal and state law, including the Electronic Signatures in Global and National Commerce Act (E-SIGN). You consent to conducting all transactions electronically, including the formation and execution of contracts and receipt of required disclosures.

2. Eligibility Requirements

To rent a vehicle from Car Rack LLC, you must meet ALL of the following requirements at the time of rental:

Be at least 21 years of age (age requirements may vary by vehicle class)
Hold a valid, unexpired driver's license recognized in the United States
Not have a suspended, revoked, restricted, or otherwise invalid driver's license
Provide proof of valid automobile insurance or purchase an optional protection product
Present a valid credit or debit card in your name for payment and deposit purposes
Successfully pass our identity verification and fraud screening process
Not be on any internal or affiliated company do-not-rent list

Right to Deny: We reserve the absolute right to deny a rental to any person at any time, for any reason, at our sole discretion, including but not limited to suspected fraud, prior damage history, failed identity verification, or violation of any provision of these Terms.

3. Reservation & Payment Terms

Reservations are not guaranteed until confirmed in writing by Car Rack LLC. We reserve the right to cancel or modify any reservation, including due to pricing errors, vehicle availability changes, or suspected fraudulent bookings. Pricing errors discovered before or after reservation confirmation may be corrected at any time.

Deposits & Preauthorizations

A security deposit or preauthorization hold will be placed on your credit or debit card at the time of rental. The amount varies by vehicle class and rental duration. Funds will be released upon satisfactory return of the vehicle, less any applicable charges.

Authorization to Charge

By entering into a rental agreement, you expressly authorize Car Rack LLC to charge your payment method on file for any and all of the following:

All rental fees, extensions, and daily rate overages
Vehicle damage, including diminished value, loss of use, appraisal fees, and administrative fees
Tolls, toll processing fees, and administrative handling charges
Traffic citations, parking violations, and related administrative fees
Cleaning and deodorization fees, including smoking/vaping remediation (minimum $500)
Towing and recovery fees
Late return penalties and unauthorized extension fees
Fuel charges and refueling fees
Key replacement fees
Any costs incurred in repossessing or recovering the vehicle
Legal fees, collection costs, and court costs related to unpaid balances

No Chargeback Policy

By completing a transaction with Car Rack LLC, you agree not to initiate a chargeback or payment dispute with your bank or card issuer except in the case of verifiable unauthorized use of your payment method. Initiating a chargeback after agreeing to charges and receiving services may constitute fraud or theft of services. In the event of a disputed chargeback, we will submit all available documentation, including signed rental agreements, GPS data, telematics records, photos, and electronic communications, to contest the dispute. You agree to be liable for all collection costs, attorney fees, and processing fees associated with invalid chargebacks.

Failed Payments

If any payment fails, we reserve the right to charge an alternative card on file, refer the balance to collections, report the vehicle as stolen (if not returned), and pursue all available legal remedies.

Cancellations & Refunds

Cancellations made at least 24 hours before the scheduled pickup time are eligible for a full refund. Cancellations within 24 hours of pickup may be subject to a cancellation fee up to one day's rental rate. No-shows are non-refundable. Refunds, if applicable, will be processed within 5 to 10 business days.

4. Vehicle Use Restrictions

The rental vehicle may only be operated by the authorized driver(s) listed on the rental agreement. The following are strictly prohibited and constitute a material breach of this agreement:

Reckless, negligent, or aggressive driving of any kind
Racing, speed contests, drifting, burnouts, or any competitive driving activity
Smoking, vaping, or use of any tobacco, cannabis, or nicotine product inside the vehicle
Transporting pets without prior written authorization
Off-road driving, driving on unpaved surfaces, or driving in areas not suitable for the vehicle
Towing, pushing, or pulling any trailer, vehicle, or object
Subleasing, lending, or renting the vehicle to any third party
Operation by any driver not listed on the rental agreement
Use of the vehicle for any illegal activity whatsoever
Driving outside of pre-approved geographic areas (if applicable)
Use of the vehicle for rideshare services (Uber, Lyft, etc.) unless explicitly authorized in writing
Transporting hazardous, flammable, or illegal materials
Use of the vehicle for commercial purposes not authorized in writing
Operating the vehicle under the influence of alcohol, drugs, or any impairing substance

Violation of any use restriction may result in immediate termination of the rental agreement, vehicle repossession, forfeiture of any deposit, and full liability for all damages, costs, and legal fees.

5. GPS Tracking & Telematics Consent

By renting a vehicle from Car Rack LLC, you expressly acknowledge and consent to the following:

Vehicles may be equipped with GPS trackers, telematics devices, onboard cameras, remote monitoring systems, and/or remote disabling (kill switch) technology
Vehicle location, speed, acceleration, braking, mileage, trip history, and driving behavior may be monitored and recorded continuously throughout the rental period
Tracking data may be used for theft recovery, repossession, fraud prevention, insurance claims, billing disputes, mileage verification, and enforcement of rental terms
Data may be shared with law enforcement, insurance companies, legal counsel, and authorized affiliates
You have no reasonable expectation of privacy regarding the location or operation of the rental vehicle

6. Vehicle Recovery & Repossession Rights

Car Rack LLC reserves the right to remotely disable, immobilize, and/or physically repossess any rental vehicle at any time if: (a) the rental agreement has expired or been terminated; (b) any payment has failed or been disputed; (c) the vehicle is being operated in violation of these Terms; (d) we have reason to believe the vehicle is at risk of loss, damage, or unauthorized use; or (e) any other material breach of this agreement has occurred.

Failure to return the vehicle at the agreed time and location may result in the vehicle being reported as stolen to law enforcement. You will be responsible for all costs associated with vehicle recovery, including towing, storage, repossession agent fees, and legal costs. You have no right to continued possession of the vehicle after a breach or termination of this agreement.

7. Damage, Loss & Claims

You are responsible for all damage to or loss of the rental vehicle, regardless of fault or cause, including but not limited to:

All collision and non-collision damage, including hail, flood, vandalism, and fire
Diminished value of the vehicle resulting from damage
Loss of use (daily rental rate for each day the vehicle is unavailable for rental while being repaired)
Towing, storage, and impound fees
Administrative and claims processing fees
Appraisal and inspection fees
Windshield, tire, and wheel damage regardless of cause
Interior damage, stains, burns, or odors requiring specialized cleaning or replacement

You agree to cooperate fully with any damage investigation or insurance claim, including providing a written statement, cooperating with appraisers, and refraining from making independent repairs without our written consent.

8. Insurance Disclosures

Car Rack LLC is a rental company, not an insurance company. Any optional protection products offered at the time of rental are not insurance policies. Optional protection products may contain exclusions, limitations, and conditions, and do not cover all situations. You are responsible for reviewing all exclusions carefully.

Your personal automobile insurance policy may or may not provide coverage for rental vehicles. You are strongly encouraged to verify your personal coverage before renting. We make no representations regarding whether your personal insurance will apply.

Any optional protection products are automatically void and will provide no coverage if: (a) the vehicle was operated by an unauthorized driver; (b) the vehicle was used in violation of these Terms; (c) the incident occurred during the commission of any illegal act; or (d) you provided false information to obtain the rental or protection product.

9. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Car Rack LLC, Hart Rentals LLC, Hart Automotive LLC, and their respective affiliates, officers, directors, employees, contractors, agents, software providers, and partners (collectively, \"Indemnified Parties\") from and against any and all claims, demands, lawsuits, liabilities, damages, losses, fines, penalties, judgments, costs, and expenses, including reasonable attorney fees, arising out of or related to:

Your use or misuse of any rental vehicle
Your breach of any provision of these Terms
Any bodily injury, death, or property damage caused by you or the rental vehicle during the rental period
Any traffic citations, fines, or violations incurred during the rental period
Any third-party claims arising from your operation of the vehicle
Your violation of any applicable law or regulation

This indemnification obligation survives the termination of your rental agreement and your use of our services.

10. Limitation of Liability

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to lost profits, loss of data, loss of goodwill, business interruption, personal injury, or any other intangible losses, arising out of or related to your use of our services, even if we have been advised of the possibility of such damages.

Our total aggregate liability to you for any claim arising from or related to these Terms or your use of our services shall not exceed the total amount you paid for the specific rental giving rise to such claim. This limitation applies to claims related to technology failures, website outages, reservation interruptions, EV charging network failures, or any third-party service failure.

11. Binding Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, any rental agreement, or your use of our services, including any question of arbitrability, shall be resolved exclusively by binding individual arbitration administered under the rules of the American Arbitration Association (AAA) or JAMS, at the Company's election. The arbitration shall take place in Houston, Texas, and shall be governed by the laws of the State of Texas.

YOU EXPRESSLY WAIVE YOUR RIGHT TO A JURY TRIAL. You also waive any right to bring or participate in any class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding. All claims must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

Notwithstanding the foregoing, either party may seek emergency injunctive or equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.

12. Electronic Communications Consent

By providing your contact information and using our services, you consent to receive communications from Car Rack LLC via:

SMS and text messages (including automated and prerecorded messages)
Email communications
Prerecorded voice calls and automated telephone notifications
Push notifications through any app or platform

These communications may include reservation confirmations, payment notifications, return reminders, promotional offers, and important account alerts. To opt out of marketing messages, reply STOP to any SMS. Standard message and data rates may apply. Opting out of marketing messages does not affect transactional or service-related communications.

13. Chargeback Fraud

Initiating a chargeback or payment dispute after voluntarily entering into and receiving services under a rental agreement, without a legitimate, verifiable basis, may constitute fraud, theft of services, and/or breach of contract under applicable law. In the event of any such dispute, we will provide all relevant evidence to the applicable financial institution, including GPS records, telematics data, signed agreements, timestamps, photos, and electronic communications. You agree to be fully liable for any losses, collection fees, attorney fees, and court costs arising from an invalid or fraudulent chargeback.

14. Account Suspension, Termination & Blacklisting

We reserve the right to deny rental services, suspend or terminate your account, and add you to our internal do-not-rent list at any time and for any reason, including but not limited to suspected fraud, chargebacks, damage history, abuse of staff, violation of these Terms, or any conduct we deem harmful to our business or other customers. We may share do-not-rent information and fraud data with affiliated companies, including Hart Rentals LLC, Hart Automotive LLC, partner rental companies, and industry fraud prevention networks.

15. Intellectual Property

All content, branding, software, website design, text, graphics, logos, and other materials associated with Car Rack LLC and its affiliated companies are the exclusive intellectual property of the Company and are protected by applicable copyright, trademark, and other intellectual property laws. You may not copy, reproduce, distribute, scrape, reverse engineer, or create derivative works from any Company content or software without prior written authorization.

16. Compliance With Laws

You agree to comply with all applicable federal, state, and local laws and regulations while operating a rental vehicle, including but not limited to traffic laws, licensing requirements, insurance regulations, toll payment obligations, airport rules and regulations, and any applicable environmental or emissions regulations.

17. Multi-Company Protection

These Terms and all protections, limitations of liability, indemnification rights, and other provisions contained herein apply equally and fully to Car Rack LLC, Hart Rentals LLC, Hart Automotive LLC, and all of their respective affiliates, parent companies, subsidiaries, officers, directors, employees, agents, contractors, software providers, technology partners, and authorized representatives. Any claim against one entity shall be treated as a claim against all affiliated entities for purposes of these Terms.

18. Website & App Disclaimers

Our website and booking platform are provided \"as is\" without any warranty of uptime, accuracy, or availability. We do not guarantee uninterrupted access to our website, booking platform, or online reservation system. Pricing errors displayed on our website may be corrected at any time before or after a reservation is made. A reservation is not confirmed until you receive written confirmation from Car Rack LLC. We reserve the right to cancel any reservation at any time for any reason, including suspected fraud or system errors.

For electric vehicles, we do not guarantee access to or functionality of any third-party charging network. Charging network outages, unavailability, or fees are the sole responsibility of the renter.

19. Force Majeure

Car Rack LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, floods, fires, earthquakes, pandemics, government actions, civil unrest, strikes, supply chain disruptions, technology outages, third-party service failures, EV charging network outages, or any other event of force majeure. In such events, we may cancel, modify, or delay reservations without liability.

20. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in Harris County, Texas, and you hereby consent to the personal jurisdiction and venue of such courts.

21. Amendment Rights

Car Rack LLC reserves the right to modify, update, or replace these Terms at any time without prior notice. Changes are effective immediately upon posting to our website. Your continued use of our services following any modification constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.

22. Severability

If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect.

23. Entire Agreement

These Terms, together with the signed rental agreement and any applicable addenda, constitute the entire agreement between you and Car Rack LLC with respect to your use of our services and supersede all prior agreements, representations, and understandings.

24. Contact Us

For questions regarding these Terms of Service, please contact us:

\nCar Rack LLC\n

\n 6250 Westpark Drive, Suite 113
\n Houston, TX 77057
\n Phone: 346-888-3288
\n Email: carrackllc@gmail.com\n

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