In alt.home.repair, on Fri, 8 Mar 2019 13:06:27 -0600, dpb
wrote:

On 3/8/2019 9:04 AM, rbowman wrote:
On 03/08/2019 02:18 AM, micky wrote:
But the guy who suggested this might have been making fun of someone
looking for a carwash.* I came across the thread because I need a
carwash.* Yes, the rental company will wash it, but the rims are so
muddy, it looks like I've been driving off the highway in violation of
the rental agreement.** They may charge me for cleaning and if there is
damage for some other reason they may decide that the insurance
shouldn't have to pay.

If only driving on pavement is part of the rental agreement I never read
that far. I expect my own car to go wherever it physically can and I
don't treat rentals any different.


"14.Prohibited Use of the Car. Certain uses of the car and other things
you or a driver may do, or fail to do, will violate this Agreement
and, in addition to anything else may cause us to cancel your
enrollment in Avis Preferred.

A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE YOUR RENTAL,
and IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY
OPTIONAL SERVICES THAT YOU HAVE ACCEPTED, INCLUDING BUT NOT LIMITED TO
ADDITIONAL LIABILITY INSURANCE, TERMS AND CONDITIONS, PERSONAL ACCIDENT
INSURANCE, PERSONAL EFFECTS PROTECTION, EXTENDED ROADSIDE ASSISTANCE,
EMERGENCY SICKNESS PROTECTION AND LOSS DAMAGE WAIVER OR PARTIAL DAMAGE
WAIVER. IT ALSO MAKES YOU LIABLE TO US FOR ALL PENALTIES, FINES,
FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED
LEGAL EXPENSES, FEES AND COSTS THAT WE MAY INCUR. It is a violation of
this paragraph if:

a. You use or permit the car to be used: 1) by anyone other than an
authorized driver, as defined in paragraph 5; 2) to carry passengers
or property for hire; 3) to tow or push anything; 4) to be operated
in a test, race or contest, or on unpaved roads; 5) while the driver
is under the influence of alcohol and/or a controlled substance;
6) for conduct that could be charged as a crime such as a felony or
misdemeanor, including the transportation of a controlled substances
or contraband; 7) recklessly or while overloaded; or 8) if the car is
driven into Mexico without our expressed permission.
..."

It's been a long time since I soujourned in law school, and I wasn't a
good student and didn't graduate, so I forget what this reminds me of.
And I don't know how to phrase what follows without it looking like this
example, rather than the place which I forget but where I'm sure it
applied 45 years ago.

But in some cases, in the USA, violating a rule, including one they
have every right to insist on, would not have all the negative
consequences they promise unless there was a cause and effect
relationship. For example clause 1, you let an unauthorized driver
drive. but later you're driving when you have an accident. Violating
"1" didn't cause the damage. So why should you lose your insurance?

OTOH, if you're violating 7 recklessly while the accident happens, it's
a good chance you're being reckless was a major, or even minor, cause of
the accident,.

I'm not even in the US so I'm in no position to fight their refusal to
pay, even if I had a case. I can't imagine this has not been tested in
the USA however since there are so many rentals, etc.


Directly from AVIS preferred customer agreement document.

Just think how they treat the non-preferred customers!

While aware of the restriction, sometimes "ya just gotta do what ya
gotta do!". While servicing the online ash meters I routinely took
rental cars to coal mines far back into the mountains in E KY and W VA
and they come back "black as coal"...

I never actually had the rental company come back at me, but by all
rights they could have and it's probably a lot more likely today than
was back then they would. I would _NOT_ rent a vehicle for such
business these days on the personal credit card like was common then.

--dpb