Under 25's as Authorized Additional Drivers
Jul 29, 2014, 12:59 pm
#1
Moderator: National Car
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Under 25's as Authorized Additional Drivers
Someone came to me with an interesting question which I really did not know the answer to. Who's ready for some mental gymnastics?
The Master Rental Agreement allows anyone who is a member of the renter's immediate family to operate the rental car with the primary Emerald Club Member's permission. This isn't news to most of us and is one of the biggest perks (in my opinion, anyways) of the Emerald Club program.
Additional Authorized Driver is defined by the Master Rental Agreement as follows:
Emphasis mine.
My question is this: what happens when the AAD is under 25 (in this case, 24)? Assuming the AAD is otherwise qualified (immediate family member, has permission, has valid driver's license, etc.), would the underage fee otherwise apply?
While the Master Rental Agreement does otherwise specify that the Renter (defined as "the person renting the car") is obligated to pay the young renter fee, given that the person actually renting the car is not underage, would the fee need to be added at all? The Additional Authorized Driver is clearly defined as as separate and distinct individual from the "Renter."
Given that "renter" is not defined as "operator of the car" or something similar, I am inclined to think no, the fee would not apply. However, given how this is worded, it could be construed as ambiguous at best.
The Master Rental Agreement allows anyone who is a member of the renter's immediate family to operate the rental car with the primary Emerald Club Member's permission. This isn't news to most of us and is one of the biggest perks (in my opinion, anyways) of the Emerald Club program.
Additional Authorized Driver is defined by the Master Rental Agreement as follows:
Additional Authorized Driver(s): (AAD[s]) means any individual, in addition to Renter, who; (i) has permission of the Renter to drive Vehicle and is either a member of Renter's immediate family (including same or opposite sex domestic partner) who permanently resides with Renter, (ii) is a fellow employee who drives the Vehicle for business purposes, (iii) is required by law, or (iv) is permitted by Owner or separate agreement (i.e., Corporate, Tour or Emerald Club) to operate the Vehicle. All AADs must possess a valid driver's license and meet the minimum rental age.
My question is this: what happens when the AAD is under 25 (in this case, 24)? Assuming the AAD is otherwise qualified (immediate family member, has permission, has valid driver's license, etc.), would the underage fee otherwise apply?
While the Master Rental Agreement does otherwise specify that the Renter (defined as "the person renting the car") is obligated to pay the young renter fee, given that the person actually renting the car is not underage, would the fee need to be added at all? The Additional Authorized Driver is clearly defined as as separate and distinct individual from the "Renter."
Given that "renter" is not defined as "operator of the car" or something similar, I am inclined to think no, the fee would not apply. However, given how this is worded, it could be construed as ambiguous at best.
Jul 29, 2014, 1:06 pm
#2
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What happens if a hotel or restaurant valet parker is under 25? Often they look young and I can't imagine asking for proof of their age before giving them the car keys.
Jul 29, 2014, 1:28 pm
#3
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Technically? I don't think they are authorized drivers. But that's why most valet companies have insurance of their own.
Jul 29, 2014, 1:29 pm
#4
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Jul 29, 2014, 1:59 pm
#5
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While it's not explicit, I would read it to mean the Minimum Rental Age at the exercised rate.
In practice, the easiest way to stay safe would be to use a rate code from the master thread that allows under-25 without the up-charge.
In practice, the easiest way to stay safe would be to use a rate code from the master thread that allows under-25 without the up-charge.
Jul 29, 2014, 2:00 pm
#6
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Jul 31, 2014, 1:35 pm
#7
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Oddly, the older master agreement was much more specific:
I would probably have them explicitly added and argue the fee; it's a "underage primary driver fee" or "young renter fee," depending on the version of the contract -- and an "additional authorized driver" is not the primary driver or renter.
Who May Drive the Vehicle - Authorized Driver
a) You represent that you are a validly licensed driver for the type of Vehicle being rented, at least 21 years of age (an Underage Primary Driver Fee will apply for drivers under age 25). National may verify that your license is valid issued and in good standing. b) Unless applicable law requires otherwise, the Vehicle may only be driven by you or an Additional Authorized Driver. An "Additional Authorized Driver" is an individual who (i) is a validly licensed driver for the type of Vehicle being rented, (ii) is at least 21 years of age (an extra fee may apply for drivers under age 25), (iii) has your prior permission to drive the Vehicle, and (iv) is either a member of your immediate family who permanently resides with you, or your business associate or employer who drives the Vehicle for business purposes. Your immediate family members includes your parent, child, spouse or a domestic partner. In addition to the above, Additional Authorized Drivers who otherwise meet National's qualifications can be added at the time of rental. The Additional Authorized Drivers and you are referred to collectively in the Agreement as Authorized Driver(s).
a) You represent that you are a validly licensed driver for the type of Vehicle being rented, at least 21 years of age (an Underage Primary Driver Fee will apply for drivers under age 25). National may verify that your license is valid issued and in good standing. b) Unless applicable law requires otherwise, the Vehicle may only be driven by you or an Additional Authorized Driver. An "Additional Authorized Driver" is an individual who (i) is a validly licensed driver for the type of Vehicle being rented, (ii) is at least 21 years of age (an extra fee may apply for drivers under age 25), (iii) has your prior permission to drive the Vehicle, and (iv) is either a member of your immediate family who permanently resides with you, or your business associate or employer who drives the Vehicle for business purposes. Your immediate family members includes your parent, child, spouse or a domestic partner. In addition to the above, Additional Authorized Drivers who otherwise meet National's qualifications can be added at the time of rental. The Additional Authorized Drivers and you are referred to collectively in the Agreement as Authorized Driver(s).
Aug 1, 2014, 6:37 am
#9
Moderator: National Car
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Oddly, the older master agreement was much more specific:
I would probably have them explicitly added and argue the fee; it's a "underage primary driver fee" or "young renter fee," depending on the version of the contract -- and an "additional authorized driver" is not the primary driver or renter.
I would probably have them explicitly added and argue the fee; it's a "underage primary driver fee" or "young renter fee," depending on the version of the contract -- and an "additional authorized driver" is not the primary driver or renter.
In the end, my friend argued it, but the counter agent insisted he pay the $14/day fee. I think this is really one of those gray areas that no one really knows the answer to, but for the extra $40 for the weekend it was not really worth it to chance it.