This Cancellation, Refund, Arbitration, and Payment Dispute Policy (“Policy”) is incorporated into and forms part of the Rental Agreement and Terms of Service (collectively, the “Agreement”) of Rent Next Gear Auto, a New Jersey business (“Company,” “we,” “us,” or “our”). By making a reservation, you (“Renter,” “Customer,” or “you”) acknowledge and agree to be bound by this Policy.
All cancellation deadlines are calculated based on the scheduled rental start date and time listed in the confirmed reservation.
Cancellations made at least forty-eight (48) hours prior to the scheduled rental start time are eligible for a full refund (100%) of rental charges paid, excluding any non-refundable third-party processing or transaction fees where permitted by law.
Cancellations made within forty-eight (48) hours of the scheduled rental start time are eligible for a partial refund equal to eighty percent (80%) of the rental charges paid.
The remaining twenty percent (20%) shall be retained by the Company as liquidated damages, as further described in Section 4.
Failure to take possession of the vehicle at the scheduled rental start time without prior cancellation (“No-Show”) shall be treated as a cancellation within forty-eight (48) hours and shall be eligible for an eighty percent (80%) refund only, subject to this Policy.
Approved refunds will be issued to the original payment method used at the time of booking. Refunds are typically processed within five (5) to ten (10) business days, subject to the processing timelines of the financial institution or payment processor.
Non-recoverable processing or gateway fees charged by third-party providers may be deducted where permitted by law.
You acknowledge and agree that cancellations occurring within forty-eight (48) hours of the scheduled rental start time result in damages to the Company that are difficult or impracticable to accurately determine, including but not limited to lost rental opportunities, vehicle allocation, preparation costs, scheduling disruptions, and administrative expenses.
Accordingly, you agree that the retention of twenty percent (20%) of the rental charges for such cancellations constitutes reasonable liquidated damages, represents a fair estimate of the Company’s anticipated losses at the time of contracting, and is not intended as a penalty.
If the Company cancels a reservation due to vehicle unavailability, safety concerns, or operational necessity, the Renter shall receive a full refund of all amounts paid, which shall constitute the Renter’s sole and exclusive remedy.
By completing a reservation, you expressly authorize the Company to charge the payment method on file in accordance with this Agreement and agree not to initiate a chargeback or payment dispute for charges that are authorized, disclosed, and compliant with this Policy and the Agreement.
In the event of a chargeback or payment dispute:
The Company may submit this Agreement, reservation records, timestamps, communications, and cancellation data to the payment processor or issuing bank as evidence. Any chargeback initiated in violation of this Agreement may constitute a material breach.
You agree to be responsible for any chargeback fees, reversal costs, or administrative expenses incurred by the Company where permitted by law.
The Company reserves the right to suspend or permanently revoke future rental privileges in cases of chargeback abuse or suspected fraud.
Any dispute, claim, or controversy arising out of or relating to this Agreement, the reservation, cancellation, refund, charges, or use of the vehicle (“Dispute”) shall be resolved exclusively by binding arbitration, except that either party may bring an individual claim in small claims court if the claim qualifies.
Arbitration shall be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules and shall take place in the State of New Jersey, unless otherwise required by law.
To the fullest extent permitted by law, you agree that:
Disputes shall be resolved only on an individual basis, and
You waive any right to participate in a class action, collective action, representative action, or private attorney general action.
The arbitrator shall have no authority to consolidate claims or award relief on a class or representative basis. This provision shall survive termination of the Agreement.
This Agreement and all matters arising from it shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflict-of-laws principles.
Subject to the Arbitration provision above, any permitted legal action shall be brought exclusively in the state or federal courts located within New Jersey, and the parties consent to personal jurisdiction therein.
The Company reserves the right to modify this Policy at any time. The version in effect at the time of booking shall govern the reservation.
By completing a reservation, you acknowledge that you have read, understood, and agreed to this Policy and the associated Rental Agreement.