Terms of Service

1. ACCEPTANCE OF TERMS; RENTAL AGREEMENT CONTROLS

These Terms constitute a legally binding agreement between you and ExoticDrive.

These Terms are in addition to, and supplement, any written rental agreement, waiver, or acknowledgment executed at the time of vehicle pickup (collectively, the “Rental Agreement”). In the event of any conflict or inconsistency between these Terms and the Rental Agreement, the Rental Agreement shall govern and control.

ExoticDrive reserves the right to amend, modify, or update these Terms at any time in its sole discretion. Any modifications shall be effective immediately upon posting to our website or otherwise being made available to customers.

2. RENTAL ELIGIBILITY REQUIREMENTS

To rent any vehicle from ExoticDrive, you must satisfy all eligibility requirements, which may include, without limitation:

A. Minimum Age Requirement

You must be at least twenty-five (25) years of age at the time of rental. ExoticDrive may, at its sole discretion, impose higher age requirements depending on vehicle classification.

B. Identification Requirements

You must present valid government-issued photo identification acceptable to ExoticDrive.

C. Driver’s License Requirements

You must possess a valid, unrestricted driver’s license issued in the United States or an International Driving Permit accompanied by a valid foreign license. Your license must have been continuously held for a minimum of two (2) years. Temporary, learner’s, provisional, restricted, or suspended licenses are not accepted.

D. Insurance Requirements

You must provide proof of active full-coverage automobile insurance that extends to rental vehicles, including comprehensive and collision coverage, with a minimum of $100,000 in coverage, and which must specifically cover exotic and/or luxury vehicles.

If your insurance coverage is deemed insufficient in ExoticDrive’s sole discretion, you must obtain supplemental coverage through ExoticDrive or an approved third-party provider prior to the commencement of the rental period.

E. Driving Record Requirements

ExoticDrive reserves the right to deny service to any individual with a history of DUI/DWI, reckless driving, excessive violations, suspended licenses, or any other driving-related offense within the past five (5) years, or any history that ExoticDrive deems unacceptable.

F. Credit Card Requirements

You must present a valid major credit card (Visa, Mastercard, or American Express) in your name for payment and security deposit purposes. Debit cards, prepaid cards, and cash are not accepted for security deposits.

ExoticDrive reserves the right, at its sole discretion, to refuse any rental or reservation request for any lawful reason.

3. RESERVATIONS, BOOKINGS, AND CONFIRMATIONS

Reservations may be made through our website (exoticdrivenyc.com), by phone at 347-892-6346, or by email at [email protected].

A reservation is not considered confirmed unless and until:

(a) ExoticDrive issues written confirmation, and

(b) The required deposit has been successfully processed.

ExoticDrive reserves the right to cancel or deny any reservation due to lack of availability, failure to provide required documentation, suspected fraud, inability to verify payment, or any other lawful reason.

Vehicle make/model availability is not guaranteed unless expressly stated in writing. ExoticDrive reserves the right to substitute a comparable or superior vehicle of equal or greater value at its discretion.

4. RENTAL TERM; TIME CALCULATION; LATE RETURNS

Rental periods are calculated in 24-hour increments, commencing at the scheduled pickup time and ending at the scheduled return time.

Failure to return the vehicle on time may result in additional charges, including but not limited to additional daily rental charges, hourly charges, and administrative fees.

Late Return Penalty: Any return beyond the scheduled time may result in a late fee of $100, in addition to applicable rental charges.

Vehicles returned more than two (2) hours late without written authorization from ExoticDrive may be charged for an additional full rental day and may be deemed unlawfully retained.

ExoticDrive reserves the right to recover possession of the vehicle at any time in the event of breach, non-payment, or unauthorized retention.

5. PRICING, PAYMENT, AND AUTHORIZATION TO CHARGE

All rates are listed in U.S. Dollars and are subject to change without notice. Rates do not include taxes, surcharges, delivery fees, optional add-ons, tolls, or incidentals unless expressly stated.

Full payment is due prior to vehicle release unless otherwise agreed in writing.

ExoticDrive accepts Visa, Mastercard, American Express, wire transfers, and certified checks (which must be received at least five (5) business days prior to the rental start date).

You hereby expressly authorize ExoticDrive to charge your payment method on file for any and all amounts due, including but not limited to: rental fees, deposits, tolls, tickets, damage claims, diminished value claims, cleaning fees, fuel charges, administrative fees, late fees, and any other amounts arising out of or relating to your rental.

6. SECURITY DEPOSIT

A security deposit is required for all rentals and shall be authorized and held on your credit card at the time of vehicle pickup.

Deposit Amount: The security deposit is contingent upon the vehicle being rented and may be as high as thirty percent (30%) of the total value of the vehicle. ExoticDrive reserves the right to increase the deposit amount at any time based on risk assessment, vehicle value, or renter profile.

Release of Deposit: Deposit holds may take seven (7) to fourteen (14) business days to be released after return of the vehicle, subject to inspection and third-party bank processing timelines.

Deductions: ExoticDrive reserves the right to apply all or any portion of the deposit toward outstanding balances, including, but not limited to, vehicle damage, excessive wear, tire damage, curb rash, cleaning fees, fuel charges, tolls, citations, administrative fees, loss of use, diminished value, and any breach-related costs.

If charges exceed the deposit amount, you remain personally liable for the outstanding balance and authorize ExoticDrive to charge the payment method on file accordingly.

7. AUTHORIZED DRIVERS; RESTRICTION ON OPERATION

Only the renter and any additional driver expressly listed and approved on the Rental Agreement (“Authorized Driver(s)”) may operate the vehicle.

Allowing an unauthorized driver to operate the vehicle constitutes a material breach of these Terms and may result in immediate termination of the rental without refund and full financial liability for all damages and claims.

8. MILEAGE POLICY

Mileage allowances vary by vehicle and rental package. The mileage limit applicable to your rental will be disclosed at the time of booking and will be expressly stated in your Rental Agreement.

You acknowledge and agree that it is solely your responsibility to review, understand, and remain aware of the mileage allowance applicable to your rental vehicle throughout the rental period.

Mileage is calculated based on the vehicle’s odometer readings at pickup and return and may also be verified using GPS tracking and telematics systems.

If you exceed the mileage allowance stated in your Rental Agreement, you will be assessed an excess mileage fee at the per-mile rate specified in the Rental Agreement. Excess mileage fees may vary depending on vehicle type and may range from $2 to $10 per mile, or more, depending on the vehicle.

You expressly authorize ExoticDrive to charge the payment method on file for any excess mileage charges incurred, including applicable administrative fees.

9. FUEL POLICY

All vehicles are delivered with a full tank of fuel and must be returned with a full tank.

If the vehicle is returned with less fuel than provided, you will be charged:

• $12 per gallon (fuel replacement), plus
• $50 refueling service fee

10. DELIVERY AND PICKUP SERVICES

ExoticDrive offers delivery and pickup services throughout the New York City metropolitan area, Long Island, The Hamptons, and select areas of New Jersey and Connecticut.

Delivery fees are based on distance and will be quoted at the time of booking.

If the renter is not present at the agreed delivery location and time, ExoticDrive may impose waiting fees and/or cancel the rental without refund.

Facility pickup is available at:

36 Cherry Ln, Floral Park, NY 11001

11. VEHICLE USE RESTRICTIONS; PROHIBITED CONDUCT

The vehicle may only be operated safely and lawfully. The following are strictly prohibited:

• Racing, track use, rally driving, drifting, burnouts, or speed contests
• Off-road use, beach driving, or operation on unpaved surfaces
• Driving under the influence of alcohol, drugs, or any impairing substance
• Any illegal use or criminal activity
• Sub-renting, lending, transferring, or allowing unauthorized use
• Using the vehicle for commercial purposes, including Uber/Lyft/ride-share, courier services, limousine services, or deliveries
• Towing, pushing, or hauling any object
• Tampering with, disabling, or removing GPS devices, tracking equipment, or onboard monitoring systems
• Exceeding passenger capacity
• Driving outside of the approved geographic region without written approval
• Modifying the vehicle in any manner without written consent

Geographic Restriction: Unless otherwise agreed in writing, the vehicle must remain within New York and the Tri-State Area (NY, NJ, CT).

Violation of any restriction constitutes a material breach and may result in immediate termination, forfeiture of funds, repossession of the vehicle, and legal action.

12. SMOKING AND PET POLICY

All ExoticDrive vehicles are strictly non-smoking. Smoking includes cigarettes, cigars, vaping, and any similar products.

Evidence of smoking will result in a minimum $500 cleaning and deodorization fee, and may result in additional fees depending on severity.

Pets are prohibited unless approved in writing. Evidence of pet hair or odor will result in a minimum $350 cleaning fee.

13. INSURANCE; RESPONSIBILITY; PRIMARY COVERAGE

You must maintain adequate insurance coverage throughout the rental period. ExoticDrive reserves the right to verify coverage directly with your insurer.

Your insurance shall be primary in the event of any loss, collision, theft, or damage. You remain responsible for all deductibles and any portion of loss not covered by insurance.

Failure to maintain insurance constitutes a material breach of these Terms and may result in immediate termination and full liability for all damages.

14. DAMAGE, LOSS, THEFT, DIMINISHED VALUE, AND LOSS OF USE

You assume full responsibility for the vehicle from the time of delivery/pickup until the vehicle is returned, surrendered, and inspected by ExoticDrive.

You are liable for any and all damage, loss, theft, or destruction of the vehicle, regardless of fault, including but not limited to:

• Body damage, dents, scratches, curb rash
• Tire damage, wheel damage, and undercarriage damage
• Windshield chips/cracks
• Interior damage, stains, burns, odors
• Mechanical damage due to misuse or negligence
• Theft, vandalism, and weather-related damage

Repairs shall be completed at ExoticDrive’s chosen dealership or authorized facility. You are responsible for all costs, including parts, labor, towing, storage, and administrative fees.

You may additionally be liable for:

• Diminished Value (loss of resale value due to damage history)
• Loss of Use (lost rental income while the vehicle is unavailable)

In the event of a total loss, you are liable for the full fair market value of the vehicle, less any amounts recovered from insurance.

15. ACCIDENTS AND INCIDENT REPORTING

In the event of any accident, damage, theft, impound, or incident, you must:

• Notify an Exotic Drive team member immediately
• DO NOT admit fault
• Notify law enforcement when required
• Provide all documentation, photos, reports, and cooperate fully

Failure to promptly report may result in full liability and denial of coverage.

16. TOLLS, TICKETS, FEES, AND ADMINISTRATIVE CHARGES

You are solely responsible for all tolls, citations, parking violations, speeding tickets, red-light violations, and fines incurred during the rental period.

If ExoticDrive receives any violation after the rental period, you authorize ExoticDrive to charge your card on file for the cost of the violation plus any administrative processing fees.

17. CLEANLINESS AND CONDITION UPON RETURN

Vehicles must be returned in substantially the same condition as received, excluding ordinary wear and tear.

Excessive dirt, stains, smoke odor, spills, sand, trash, or debris may result in cleaning fees of up to $500 or more, depending on severity.

18. CANCELLATION AND REFUND POLICY

ExoticDrive’s cancellation policy is as follows:

• 48+ Hours Prior: Full refund
• 24–48 Hours Prior: 50% refund
• Less Than 24 Hours Prior: No refund
• No-Shows: No refund
• Early Returns: No refunds for unused rental time

ExoticDrive may cancel reservations due to mechanical issues, vehicle unavailability, force majeure events, or operational concerns. In such an event, ExoticDrive will issue a full refund or allow rescheduling.

Refunds will be issued to the original payment method within 7–10 business days.

19. RIGHT OF REPOSSESSION

ExoticDrive reserves the right to repossess the vehicle without notice if the renter is in breach of these Terms, including but not limited to non-payment, unauthorized use, geographic violation, reckless driving, suspected criminal activity, or failure to return the vehicle on time.

The renter remains liable for all repossession-related costs, towing charges, legal fees, and recovery expenses.

20. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by law, ExoticDrive disclaims all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement.

Vehicles are rented “AS IS” and “AS AVAILABLE.”

21. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

ExoticDrive shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to the rental, including but not limited to lost profits, business interruption, or loss of opportunity.

ExoticDrive’s total liability for any claim shall not exceed the total rental fees paid for the applicable rental period.

ExoticDrive shall not be responsible for lost, stolen, or damaged personal property left in any vehicle.

22. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ExoticDrive, its owners, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, liabilities, losses, penalties, fines, and expenses (including reasonable attorney’s fees) arising out of or related to:

• Your rental, possession, or use of the vehicle
• Any breach of these Terms or the Rental Agreement
• Any injury, death, property damage, or accident during the rental period
• Any citations, tolls, or legal violations incurred
• Any third-party claims arising from your use of the vehicle

This obligation survives termination of the rental.

23. GOVERNING LAW; VENUE; JURISDICTION

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles.

Any dispute, claim, or cause of action arising out of or relating to these Terms, the rental, or the vehicle shall be brought exclusively in the state or federal courts located in Queens County, New York, and you expressly consent to personal jurisdiction and venue in such courts.

24. FORCE MAJEURE

ExoticDrive shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, severe weather, natural disasters, mechanical failure, terrorism, war, civil unrest, government restrictions, pandemics, or supply disruptions.

25. SEVERABILITY

If any provision of these Terms is deemed invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

26. WAIVER

Failure by ExoticDrive to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

27. ENTIRE AGREEMENT

These Terms, together with the Rental Agreement and any written policies provided at the time of rental, constitute the entire agreement between you and ExoticDrive, and supersede any prior agreements or representations, whether oral or written.

28. CONTACT INFORMATION

For all inquiries regarding these Terms, reservations, rentals, disputes, or claims, contact:

ExoticDrive

36 Cherry Ln, Floral Park, NY 11001

Email: [email protected]

Phone: 347-892-6346

Business Hours: Monday – Sunday, 8:00 AM – 5:00 PM