Terms and Conditions 

Last Updated: October 1, 2022

King Street Travel Rentals, LLC doing business as Packsy^TM (Packsy or We) provides this Website or Mobile App ("Site") for your use, subject to these Terms and Conditions (Terms) and all applicable laws and regulations. Please read these Terms carefully. By accessing and/or using the Site, you fully and unconditionally accept and agree to be bound by these Terms, including binding arbitration. If you do not agree to these Terms, please do not visit or use the Site. Packsy reserves the right to modify these Terms, so please check back periodically for changes. Your continued use of the Site following the posting of any changes to these Terms constitutes your acceptance of those changes. All changes are effective immediately when We post them, and apply to use of the Site thereafter.

1. Definitions. 

"Agreement" means all terms and conditions found on both sides of this form. 

“You” or “your” means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. 

"We", "our" or "us" means the business named on the reverse side of this Agreement.

"Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver's license and, is at least age 21. Only Authorized Drivers may operate the Vehicle. 

"Vehicle" means the automobile or truck identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. 

"CDW" means Collision Damage Waiver. 

"Physical Damage" means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as: loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage excludes interior burn holes, window stars or cracks not caused by collision or upset. 

"Loss of use" means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate. 

2. Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the vehicle, no warranty of merchantability and no warranty that the vehicle is fit for a particular purpose. 

3. Condition and Return of Vehicle. You must return the Vehicle to our rental office on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If the Vehicle is returned after closing hours, you remain responsible for the safety of, and any damage to, or loss of, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels. 

4. Responsibility for Damage or Loss; Reporting to Police. You are responsible for all loss or theft of, or damage to, the Vehicle, which includes the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair the vehicle, plus loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and our administrative expenses incurred processing the claim. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. 

5. Damage Waiver. If you purchase CDW, and pay for it on return of the Vehicle to us, we will waive our right to collect from you for a portion of Physical Damage to the Vehicle. We will not waive this right if damage to the Vehicle: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non‐prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation ; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (h) occurs outside the geographic limitations indicated on the reverse; (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (l) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle's fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle; (o) results from inadequately secured cargo; (p) where applicable, is caused by anyone who lacks experience operating a manual transmission; (q) is a result of your willful, wanton or reckless act; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle. 

6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide auto liability, collision and comprehensive insurance covering you, us and the Vehicle. Where state law requires us to provide auto liability insurance, or if you have no auto liability insurance, we provide auto liability insurance (the “Policy”) that is secondary to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy provides bodily injury and property damage liability coverage with limits no higher than minimum levels prescribed by the vehicular financial responsibility laws of the state whose laws apply to the loss. You and we reject PIP, medical payments, no‐fault and uninsured and under‐insured motorist coverage, where permitted by law. The Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer. 

7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including, but not limited to: (a) time and mileage for the period you keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services you purchased; (d) fuel, if you return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) all parking, traffic and toll violations, fines, penalties, forfeitures, court costs, towing, impound and storage charges and other expenses involving the Vehicle assessed against us or the vehicle, unless these expenses are our fault; (g) $50, plus $5/mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus all other expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee , or the maximum amount allowed by law (if less than 2%) on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (k) a reasonable fee not to exceed $350 to clean the Vehicle if returned substantially less clean than when rented. 

Payment Terms

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Packsy may use third party payment processing Services to process credit card payments and information in connection with the payment of fees and other amounts payable in connection with the Platform. Packsy hereby expressly disclaims, and you hereby expressly release Packsy from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Packsy’ use of third-party payment processing Services, including without limitation for any damage that may result should any such information be released to any third parties. For further information about Packsy’ use of payment processing Services, please contact Packsy by email at dana@

8. Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. 

9. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility. 

10. Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this Agreement. 

11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due‐in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 

Promotional Codes

Packsy may, in our sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to our services, subject to any additional terms that we establish on a per promotional code basis ("Promo Codes"). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Packsy; (iii) may be disabled by Packsy at any time for any reason without liability to Packsy; (iv) may only be used pursuant to the specific terms that Packsy establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Packsy reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Packsy determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

Text Messaging. By creating an Account, you give express consent that we may send you informational text (SMS) messages as part of the normal business operation of your use of the Services and that use of SMS is necessary to utilize the Services. You may remove your information by replying “STOP” to the SMS text message you received. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. Alternatively, you may submit your request by email to us, including the email address and phone number you registered with us, or by any reasonable means. After this, you will no longer receive SMS messages from us and be unsubscribed from the Service. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. For help, please reply to a text with HELP. Message and data rates may apply, depending on your cell phone plan.

Network Access and Devices

You are responsible for obtaining network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application Services and the Packsy App and any updates thereto. Kind Street Travel Rentals, LLC does not guarantee that the Application Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and other electronic communications

License

Subject to the terms and conditions set forth in these Terms, your use of the Site grants you a personal, nonexclusive, nontransferable license to use the Packsy platform and to download and use the Packsy mobile app on any mobile device that you own or control, solely for your personal, non-commercial use except as expressly set forth herein.

Packsy will be in the form and format as determined by Packsy in its sole discretion from time to time, and such form and format may limit or restrict use to certain types of devices at the exclusion of others and may have additional licensing terms restricting their use thereto.

Such license is subject to these Terms and, except as expressly provided in these Terms, does not include: (A) any resale or commercial use (except as expressly set forth herein) of the Service or of any content or materials contained therein (“Packsy Content”); (B) modifying or otherwise making any derivative uses of the Service or any Packsy Content; (C) use of any data mining, robots or similar data gathering or extraction methods; (D) reproducing, distributing, publicly performing or publicly displaying the Platform or the Packsy Content; (E) reverse engineering or otherwise attempting to discover any source code; or (F) any use of the Service other than for its intended purpose. Any use of the Packsy platform or the Packsy Content other than as specifically authorized herein, without our prior, written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Intellectual Property

Packsy Content is protected by the copyright, trademark, and proprietary laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Packsy and its licensors exclusively own all right, title, and interest in and to the Platform and Packsy Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Packsy used herein are trademarks or registered trademarks of Packsy. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Except for the license expressly granted in these Terms, you are not granted any rights in or to the Platform by implication, estoppel, or other legal theory, and all rights in and to the Platform not expressly granted in these Terms are hereby reserved and retained by Packsy. The Platform, the Packsy Content, and all information, materials, tools, code and content contained therein, including without limitation all text, graphics, logos, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, directories, queries, algorithms, structure, organization, and other content (collectively “Proprietary Material”), are owned by King Street Travel Rentals, LLC or its licensors or users and is protected by U.S. and international copyright law. This Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Packsy also owns the coordination, selection, arrangement, and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Platform without Packsy’ prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that you do not own, or which you do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Platform and/or civil and/or criminal penalties. In addition, the Platform contains material protected by the copyright, trademark, and proprietary laws of the United States, foreign countries, and International Conventions. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of Packsy and/or the relevant right holder. The Platform service marks, trademarks, logos, and trade names used herein and appearing on the Platform are owned by Packsy or used with permission of the respective owners, and you acknowledge the rights of Packsy and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names or other proprietary material of any nature without the prior written permission of the owner.

Third Party Services and Content

The Packsy platform and mobile app may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (collectively, “Third Party Services and Content”). Access to these Third-Party Services and Content is provided solely for convenience. For example, Packsy may provide access to a third-party payment processing service that enables Tenants and Providers to collect payments through Packsy from Users who engage them and may make third-party content available through the Packsy, such as on the Facebook pages, Blog and Twitter account. You understand and agree that such Third-Party Services and Content are not provided by Packsy, and Packsy does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content.

You understand and agree that use of such Third-Party Services and Content is at your own risk, that Packsy terms of use and policies do not apply to such Third-Party Services and Content, and that Packsy is not responsible for the privacy or business practices or other policies of such Third-Party Services and Content or for the accuracy, completeness, safety or quality of the third party services and content. You should carefully review any applicable terms and policies that apply to any Third-Party Services and Content. Packsy is not responsible or liable in any manner for such Third-Party Services and Content, or for any loss or damage of any sort incurred as a result thereof, and Packsy hereby expressly disclaims, and you hereby expressly release Packsy from, any and all liability whatsoever for any controversies, claims, suits, injuries, liabilities and/or damages arising from and/or in any way related to such Third-Party Services and Content, including without limitation relating to availability, terms of use, privacy, information, content, materials, advertising, charges, payment, products and/or services.

App Store

You acknowledge and agree that the availability of the App is dependent on the third party from which you received the App, e.g., the Apple iPhone App Store or Google Play App Store (“App Store”). You acknowledge and agree that these Terms of Use are between you and Packsy and not with the App Store. The App Store is not responsible for the App, the content thereof, maintenance, support Services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Store in connection with the App (if any). You agree to comply with, and your license to use the App is conditioned upon your compliance with, all applicable third-party terms of agreement when using the App.

Warranties 

YOU EXPRESSLY AGREE THAT THE USE OF THE PACKSY SITE AND APP IS AT YOUR SOLE RISK. THE MARKETPLACE AND ANY DATA, INFORMATION, REFERENCE SITES, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE MARKETPLACE ARE PROVIDED BY PACKSY AND ITS LICENSORS ON AN "AS IS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PACKSY, AND ITS AFFILIATES, PARTNERS, AND LICENSOR DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. PACKSY, AND ITS AFFILIATES, PARTNERS, AND LICENSOR DO NOT WARRANT THAT THE DATA, FEATURES, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE PACKSY PLATFORM OR MOBILE APPLICATION OR ANY REFERENCE MATERIALS WILL BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING, IF ENCOUNTERED, WILL BE CORRECTED. PACKSY, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS ABOUT ISVS OR ISV APPLICATIONS. ANY WARRANTY MADE REGARDING ANY TENANT PRODUCT OR SERVICE IS MADE DIRECTLY BY THE TENANT. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE EXCLUSIONS OF WARRANTIES CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.

Limitation on Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL PACKSY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR PARTNERS, LICENSOR, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS, THE PLATFORM OR APP, EVEN IF PACKSY OR A PACKSY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PACKSY’ LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Limitation on Damages

IN NO EVENT WILL PACKSY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSOR, OR SUPPLIERS BE LIABLE FOR ANY DAMAGES SUFFERED BY THE CUSTOMER OR ITS END USERS. IN NO EVENT WILL LICENSOR'S OR PACKSY AND ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', PARTNERS', OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PACKSY PLATFORM OR MOBILE APPLICATION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO PACKSY (FOR THE RIGHT TO ACCESS AND USE THE PLATFORM AND APP) DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED US DOLLARS ($100 USD), WHICHEVER IS GREATER.

Indemnification

You agree to defend, indemnify, and hold harmless Packsy, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website, Packsy platform or mobile applications’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, Packsy platform or mobile app.

12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. These Terms shall be governed by the laws of the State of South Carolina, and you agree to bring any action, and shall be subject to the exclusive jurisdiction of Charleston County, South Carolina.