This Section 2 contains an arbitration clause and class action waiver. Please read this section and the rest of the agreement carefully. By agreeing to THESE TERMS, you and LuxxCar agree TO resolve all disputes BETWEEN US through binding individual arbitration with limited exceptions. NEITHER PARTY WILL PROCEED ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS. You have the right to opt-out of the arbitration clause and the class action waiver as explained in this Section 2.
Reservations on your behalf
These Reservation Terms will apply to both individuals booking reservations on a renter’s behalf, whether by travel agents, assistants, or other individuals designated by the renter to complete a reservation on their behalf, as well as the renter themselves. The American Arbitration Association (“AAA”) will administer any arbitration pursuant to its Consumer Arbitration Rules (the “Rules”), including any Supplementary Procedures available for Consumer-Related disputes at the time. You can obtain the Rules at www.adr.org. To the extent that there is any difference between this agreement and the AAA Rules, this agreement controls the parties’ dispute.
Cards use
The credit, debit, or other acceptable payment card entered and used by you at the time of reservation (including those which may be on file for Gold or Platinum Members) may be required to be provided at the time of rent for verification purposes, but does not have to be used to pay for the rental charges. If a debit card or other payment card that is not a credit card is used to reserve your rental car, you may not be permitted to use the same card to qualify at the time of rental, as debit cards are not accepted to qualify for rental at all locations. Debit cards are accepted at all locations as a final form of payment when the car is returned. While a debit card may be used to reserve a rental car without a credit check being performed, if such card is acceptable for use at your rental location, and is offered by you for hold or payment purposes, a credit check may be performed.
Cancellation and no-show charges
In the event of a cancellation or no-show, the payment card provided during your reservation will be charged in the amount shown during the reservation booking process, according to the details provided. The cancellation or no-show amounts and details will also be provided in your confirmation email. For non-prepaid reservations, LuxxCar makes no guarantee that a rental car in the car class reserved will be available at the time of rent. LuxxCar will make commercially reasonable efforts to provide for rent a car in the same designated class as that which was reserved. However, due to events beyond LuxxCar control, unpredicted runs on fleet, or the need to make commercial decisions to prioritize and place vehicles in other locations, cars similar to that which was reserved, or any car at all, may not be available. In the event that a car in the reserved car class is not available at the time of rent, LuxxCar will attempt to provide you with a vehicle from a ’higher’ vehicle car class from that which was reserved for no extra charge. If no cars are available from higher car classes, LuxxCar will attempt to provide a reasonably similar car from a ’lower’ car class than that which was reserved; in such an event, your charges will be accordingly reduced (as applicable) from the estimated charges quoted at the time of reservation. If no rental car can be provided by LuxxCar within two hours of your reserved pick-up date and time, LuxxCar may provide you with a voucher, certificate, or other form of recompense, in an amount and form designated by LuxxCar. You may be required to contact Customer Service in order to receive such vouchers or other similar items.