Terms and Conditions

VEHICLE RENTAL AGREEMENT

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This Vehicle Rental Agreement (“Agreement”) is entered into as of the date specified on the Rental Record, by and between Stradale Group, LLC d/b/a Nizo Luxury (“Company”), operating under the Nizo Luxury brand (a d/b/a of 23 Group Holdings LLC) (“Nizo,” “we,” “us,” or “our”), and the individual identified as the Renter on the Rental Record (“Renter,” “you,” or “your”).

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BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS HEREIN, INCLUDING THE STATUTORY LIMITS ON LIABILITY, FINANCIAL OBLIGATIONS, INSURANCE REQUIREMENTS, AND WAIVERS.

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1. Definitions. “Agreement”: Refers to all terms and conditions contained herein, in the Rental Record, and in any supplemental documents provided at the time of rental. “Authorized Driver”: Includes (a) the Renter; (b) the Renter’s spouse if a licensed driver and satisfying our minimum age requirements; (c) the Renter’s employer or coworker if engaged in business activity with the Renter, licensed, and satisfying our age requirements; and (d) any additional person expressly listed by us on the Rental Record. All Authorized Drivers must possess a valid driver’s license. Drivers ages 18-20 may operate the vehicle only if they provide valid full-coverage personal automobile insurance in their own name. Drivers ages 18-24 are subject to a Young Driver Fee as specified in Section 5(i). “Charges”: All fees, costs, and charges incurred under this Agreement. “Diminution of Value”: The reduction in the Vehicle’s fair market value following damage and subsequent repair, as determined by a qualified third-party appraiser selected by us. “Loss of Use”: The loss of our ability to use the Vehicle for any purpose due to Physical Damage or loss, including, without limitation, use for rent, display for rent and/or sale, or transportation of employees. “Optional Equipment”: Items we offer for rent in addition to the Vehicle, such as child safety seats or navigational systems. “Physical Damage”: Any damage to, or loss of, the Vehicle resulting from collision, theft, vandalism, acts of nature, or any other cause, regardless of fault, subject to the limitations in Section 7. “Rental Period”: The period from when you take possession of the Vehicle until it is returned to and inspected by us. “Vehicle”: The automobile identified in this Agreement, including all tires, tools, accessories, equipment, keys, and documents.

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2. Rental, Possession, and Use. This rental constitutes a bailment. The Vehicle may only be operated by Authorized Drivers. You agree to operate the Vehicle safely and lawfully. We may repossess the Vehicle at your expense without notice if it is abandoned or used in violation of law or this Agreement, or not returned when due. You are responsible for all actual recovery costs, including but not limited to towing, locksmith services, travel time, and personnel time.

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3. Vehicle Condition and Return. 

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3.1 Condition and Return. You acknowledge receiving the Vehicle in the condition noted on the pre-rental inspection report. You must return the Vehicle to the designated Nizo office on the date and time specified, in the same condition as received, ordinary wear and tear excepted. Failure to return the Vehicle on time will result in additional charges at our standard daily or partial-day rates, which may be higher than any promotional rate. To extend the rental, you must contact our rental office for approval before the specified return date. 

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3.2 After-Hours Return. If you return the Vehicle after business hours, your responsibility for any Physical Damage or loss continues until our personnel have conducted a final inspection.

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3.3 Improper Return. An Improper Return Fee of $250 applies if the Vehicle is returned unlocked, with windows down, to the wrong location, missing accessories or documents, with lights left on causing battery drain, or otherwise returned in a manner that prevents proper check-in. 

3.4 Fuel and EV Charging.

1. Gasoline Vehicles: You must return the Vehicle with at least the same level of fuel as when

rented. If returned with less fuel, you will be charged for the cost of fuel plus a $20 refueling service fee.

2. Electric Vehicles (EVs): You must return the Vehicle with at least the same level of charge

as when rented. Energy replenishment is billed at $0.45 per kWh. You are responsible for all charging network idle fees, Supercharger overstay charges, and penalties billed to us due to your failure to disconnect the Vehicle after charging is complete. Missing or damaged charging equipment may result in charges up to $500.

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4. Prohibited Uses. Any of the following activities constitutes a material breach of this Agreement. The Vehicle shall NOT be used: (a) By anyone other than an Authorized Driver; (b) By any driver under the influence of alcohol or drugs in violation of Cal. Veh. Code § 23152; (c) In connection with conduct that could be charged as a felony; (d) To carry persons or property for hire (including ride-sharing or delivery service); (e) To tow or push anything; (f) In any speed test, contest, or driver training activity; (g) On an unpaved road if the damage is a direct result of the road conditions; (h) Outside the United States or Canada. The Vehicle may not be taken into Mexico under any circumstances. Violation of this restriction voids all coverage and results in your full liability for all loss and recovery costs; (i) By anyone who provided fraudulent or false identification, insurance, or payment information to us; or (j) In a willful, wanton, or reckless manner, which includes failing to safeguard the keys, resulting in the Vehicle being stolen or vandalized; or (k) By anyone sending or reading an electronic message while operating the Vehicle; (l) To transport pets. If evidence of pets is found, a Pet Cleaning Fee will be charged as specified in Section 5.3; or (m) For any towing, service, or repair without our prior written authorization. Unauthorized actions will result in a $250 fee plus full responsibility for all resulting damage.

Smoking or vaping of any substance in the Vehicle is strictly prohibited. If evidence of smoking or vaping is detected, a Smoking Fee of $450 will apply, plus any additional cleaning or ozone treatment required to return the Vehicle to rentable condition.

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5. Financial Responsibility. 

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5.1 General Charges. You agree to pay all Charges on demand, including, but not limited to: (a) Time and milage charges as shown on the Rental Record; (b) All applicable taxes, surcharges, and fees; (c) Refueling, EV charging, and cleaning fees as detailed in this Agreement; (d) Expenses we incur locating and recovering the Vehicle if you fail to return it; (e) A late payment fee of 2% per month, or the maximum amount allowed by law, on all amounts past due; (f) The full replacement and reprogramming cost for lost, stolen, or damaged keys, key fobs, or digital keys, which may exceed $500; (g) The cost of replacing missing license plates, parking permits, toll transponders, registration cards, insurance documents, or Vehicle accessories; (h) all costs, including pre- and post-judgment attorneys’ fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; and (i) A Young Driver Fee of $50 per rental day for all Renters and Authorized Drivers ages 18–24. 

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5.2 Security Deposit and Post-Rental Audit. A Security Deposit is CHARGED at the start of the rental. We may apply this Deposit to any Charges owed. After the Vehicle is returned and inspected, we will conduct a final audit. If the Security Deposit exceeds all amounts owed, the remaining balance will be refunded. If amounts owed exceed the Deposit, you irrevocably authorize us to charge any payment card on file for all remaining Charges. Per Cal. Civ. Code § 1939.15, we will not process a charge for any claim arising from damage or loss without your express permission granted after the incident occurs.

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5.3 Cleaning and Biohazard Fees. If the Vehicle requires cleaning beyond standard preparation, you agree to pay the following fees:

• Excessive Cleaning Fee: $150 - $300
• Pet Cleaning Fee: $150 - $250
• Biohazard Cleaning Fee: $200 - $400
• Smoking Fee: $450

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5.4 Chargebacks. Any chargeback or payment reversal you initiate will be treated as non-payment. We may pursue the full amount owed, plus collection costs, administrative fees, and applicable attorneys’ fees.

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6. Renter’s Responsibility for Physical Damage or Loss. 

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6.1 General Responsibility. Subject to the limitations of California law, you are responsible for Physical Damage to, or loss of, the Vehicle. Your liability to us is limited to the amounts permitted by Cal. Civ. Code §§ 1939.03 and 1939.05, which shall not exceed the sum of the following:

1. Physical Damage: The cost to repair or replace damaged parts, including labor, less all discounts we receive. If the Vehicle is a total loss, your liability is limited to its fair market value less salvage proceeds we retain.
2. Towing and Storage: Actual charges for towing, storage, and impound fees paid by us.
3. Administrative Charge: An administrative charge as permitted by Cal. Civ. Code § 1939.05(d), which shall not exceed:

• $0 if the total estimated cost of parts and labor is $100 or less.
• $50 if the total estimated cost is between $100.01 and $500.
• $100 if the total estimated cost is between $500.01 and $1,500.
• $150 if the total estimated cost exceeds $1,500.

4. Loss of Use & Diminution of Value: You are also responsible for Loss of Use and Diminution of Value. Loss of Use is calculated by multiplying the daily rental rate by the number of days required for repair. The number of repair days shall be determined by converting the total labor hours from the repair estimate (with a day deemed to consist of 8 hours of labor), plus 2 weekend days for every 5 repair days, plus 3 administrative days.

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6.2 Mechanical Misuse. You are fully responsible for damage caused by preventable misuse, including driving with low oil or coolant, ignoring warning lights, overheating, improper jump-starting or charging, misfueling, water intrusion, or abusive driving. This liability includes all repair costs, towing, Loss of Use, and administrative fees.

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7. Limitations on Liability for Theft and Vandalism. Your liability for loss due to theft is limited to the Vehicle’s fair market value, and we may only recover this amount if we establish by clear and convincing evidence that you or an Authorized Driver failed to exercise ordinary care. You are presumed to have no liability for theft if you (1) have the ignition key we furnished, and (2) file a police report within 24 hours of learning of the theft and reasonably cooperate with the investigation. You are responsible for all Physical Damage resulting from vandalism. Your liability for vandalism is not capped, except where the vandalism occurs as part of a theft for which you qualify for limited liability as described above.

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8. Insurance and Accident Reporting. 

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8.1 Insurance Requirements. You must provide and maintain a valid personal automobile insurance policy providing primary coverage for this rental. Any insurance we are required to maintain is excess over your coverage. Pursuant to Cal. Civ. Code § 1939.07(b), if coverage exists under your policy, you may require that we submit claims directly to your insurance carrier. You remain responsible for any amount not covered by your policy, including your deductible. You must provide valid proof of insurance and authorize us to verify your coverage.

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8.2 Accident Reporting. In the event of an accident or damage, you must: (a) stop the Vehicle and comply with all legal reporting requirements; (b) gather contact and insurance information from all involved parties and witnesses; (c) document the scene with photos or video; and (d) immediately notify Nizo Luxury at 424-303-6496 or contact@nizoluxury.com. All required documents must be submitted within 24 hours. Failure to comply may result in your full liability for all damage. Damage not reported at the time of the incident may be treated as renter-caused, and telematics data may be used to verify the time of loss.

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9. Tolls and Violations. You are responsible for all tolls, parking citations, photo enforcement fees, and other fines and penalties (each a “Violation”). You authorize us to share your rental and payment information with charging authorities. If we pay a Violation on your behalf, you agree to pay us the amount of the Violation plus an administrative fee of up to $50 for each such instance.

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10. Optional Equipment. All Optional Equipment is rented AS IS and must be returned in the same condition as rented. If you rent a child safety seat, you are responsible or inspecting and installing it yourself. We are not liable for the correct installation or functioning of any Optional Equipment. 

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11. Indemnification and Limitation of Liability. You agree to indemnify, defend, and hold us, our parent company, and our affiliates harmless from all claims, liabilities damages, and expenses (including attorneys’ fees) arising from your use of the Vehicle or any Optional Equipment. We are not responsible for trip interruption, delays, mechanical issues, lodging, or transportation costs. Replacement vehicles are not guaranteed. We make no warranties, express or implied, regarding the Vehicle, including any warranty of merchantability or fitness for a particular purpose. You release us from all claims for loss of or damage to personal property left in the Vehicle or on our premises. In no event shall we be liable for any indirect, special, punitive, or consequential damages.

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12. Vehicle Technology and Data Privacy. The Vehicle is equipped with GPS, telematics, crash-detection, geofencing, battery monitoring, and remote-access systems. Nizo Luxury may access this data to recover overdue vehicles, respond to emergency events, verify compliance with this Agreement, and investigate damage or misuse, consistent with Cal. Civ. Code § 1939.23. Tampering with any such device is prohibited and may result in additional charges.

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NOTICE AND CONSENT FOR VEHICLE RECOVERY:
The rental agreement advises you that this Vehicle may be equipped with electronic surveillance technology. This technology may be activated to locate the Vehicle if it is not returned within 24 hours after the contracted return date or any extension thereof.

           13. High-Performance Vehicle Use & Abuse.  The Vehicle must be operated in a careful and lawful manner appropriate for public-road use.  The following conduct is strictly prohibited and constitutes a material breach of this Agreement:

a. Excessive speed or high-speed operation in violation of posted limits or road conditions.
b. Rapid acceleration, hard launches, or use of launch control.
c. Drifting, burnouts, hard braking, aggressive cornering, or maneuvers causing abnormal tire, brake, or suspension wear.
d. Redline shifting, abusive gear changes, or sustained high-rpm operation.
e. Racing, time trials, canyon runs, or participation in any performance-driving activity.
f. Operating the Vehicle on any racetrack, closed course, industrial area, or parking lot not intended for lawful road driving.
g. Disabling or altering traction control, stability control, ABS, or other safety systems.

Nizo Luxury may use vehicle telemetry, GPS data, event data recorders, speed logs, acceleration and braking data, and thermal or battery logs to determine misuse, and such data is admissible for determining liability.

You are responsible for all damage, excessive wear, loss of use, towing, inspection costs, and administrative fees resulting from prohibited conduct, regardless of fault.

          14. Repeated Violation Notice and Rental Termination Policy.  Nizo Luxury may issue warnings to the Renter regarding misuse of the Vehicle, unsafe operation, failure to comply with instructions, or any violation of the Rental Agreement.
Notices may be provided verbally, electronically, or in writing.

If the Renter receives three (3) notices for any combination of violations, Nizo Luxury may, at its sole discretion:

1. Terminate the rental immediately,
2. Require the Renter to return the Vehicle to an approved location without delay, or
3. Recover the Vehicle at the Renter’s expense.

Upon termination, the Renter remains responsible for:

• All rental charges through the time the Vehicle is returned or recovered
• All recovery expenses (towing, locksmith, transportation, personnel time, field labor, etc.)
• Any damage or loss to the Vehicle prior to physical recovery
• All breach-related or administrative fees
• Loss of Use if applicable

Failure to comply with a termination notice constitutes unauthorized possession and may result in recovery efforts and associated charges.