Terms of Service

1. Introduction and Acceptance of Terms

Tikvah Express LLC, a Colorado limited liability company doing business as Peak Drive Denver and Peak Drive Rentals (“Company,” “we,” “us,” or “our”), operates a vehicle rental service and marketplace accessible at peakdriverentals.com and through related applications and services (collectively, the “Service”).

By accessing or using the Service, you agree to be bound by these Terms of Service (“Terms”). These Terms, together with our Privacy Policy, Cancellation Policy, and all other policies referenced herein (collectively, the “Agreement”), constitute a legally binding contract between you and the Company. If you do not agree to these Terms, you must not access or use the Service.

Modification. We reserve the right to modify these Terms at any time by posting the updated version on the Service. Material changes will be communicated via email or platform notification at least thirty (30) days before taking effect. The “Last updated” date above indicates when these Terms were last revised. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If the modified terms are not acceptable to you, your sole remedy is to stop using the Service and close your account within thirty (30) days.

2. Eligibility and Registration

Age requirement. You must be at least eighteen (18) years of age to create an account. To rent a vehicle through the Service, you must be at least twenty-one (21) years of age. Renters between the ages of 21 and 24 may be subject to a young driver surcharge as disclosed at the time of booking.

Driver's license. You must hold a valid, unexpired U.S. driver's license, or a valid international driver's permit accompanied by a foreign license issued in the country of your residence. Your license must authorize operation of the class of vehicle you intend to rent.

Insurance. In accordance with Colorado Revised Statutes (“C.R.S.”) § 10-4-619, all operators of motor vehicles on Colorado roads must carry minimum liability insurance. Colorado requires minimum coverage of $25,000 per person / $50,000 per accident for bodily injury and $15,000 for property damage (C.R.S. § 10-4-620). You must carry at least these minimums or purchase a protection plan offered through the Service.

Driving record. You must have a clean driving record with no DUI/DWI convictions or reckless driving violations within the past five (5) years and no more than two (2) at-fault accidents or moving violations within the past three (3) years.

Account information. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.

Verification. We reserve the right to verify your identity, driving record, and insurance coverage before approving any rental. In accordance with the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.), you authorize us to obtain your driving record and, where applicable, conduct a background check through third-party services. Providing false or misleading information is grounds for immediate account termination.

3. Vehicle Rentals and Booking

All bookings are processed through our reservation system. When you submit a booking request, you are entering into a rental agreement subject to these Terms and any additional terms displayed at the time of booking.

All bookings are subject to vehicle availability, renter eligibility, and successful payment authorization. We reserve the right to cancel any booking that we believe violates our policies, poses a safety risk, or involves fraudulent activity.

You agree to pick up and return the vehicle at the agreed-upon times and locations. Late returns may result in additional charges at the applicable daily rate plus a late return fee. Failure to return a vehicle within twenty-four (24) hours of the scheduled return time without contacting us may be considered unauthorized use and reported to law enforcement authorities in accordance with C.R.S. § 18-4-401 (theft) and § 18-4-409 (aggravated motor vehicle theft).

No transfer of ownership. Except as expressly provided under a Rent-to-Own Agreement (Section 8), nothing in these Terms constitutes a transfer or assignment of any ownership interest in any vehicle. All vehicles remain the property of Tikvah Express LLC or the applicable vehicle owner during the rental period.

4. Payments, Fees, and Deposits

All prices are listed in United States dollars (USD). The total cost of a rental includes the applicable rental rate (daily, weekly, or monthly), service fees, all applicable state and local taxes (including any Colorado motor vehicle rental tax), protection plan premiums (if selected), and any additional charges such as delivery fees, cleaning fees, mileage overages, fuel charges, or toll fees. In accordance with C.R.S. § 6-1-206, all mandatory charges beyond the base rental rate are disclosed before booking confirmation.

Security deposit. A security deposit hold may be authorized on your payment method at the time of booking. This hold is released after the vehicle is returned in satisfactory condition, typically within three (3) to five (5) business days. You are financially responsible for any damages, traffic violations, toll charges, towing fees, or cleaning fees incurred during your rental period, regardless of fault.

Payment authorization. By providing a payment method, you authorize the Company, or third-party payment processors acting on our behalf, to store your payment credential and charge it for any outstanding fees, damages, violations, or charges arising from your rental, including charges incurred after the rental period has concluded.

Collections. If amounts owed remain unpaid, the Company may engage collection agencies or legal counsel to collect outstanding balances. Delinquent accounts may be reported to credit bureaus and may be charged additional collection fees.

5. Cancellations and Refunds

Our standard cancellation policy is as follows:

• Free cancellation — More than forty-eight (48) hours before scheduled pickup: full refund of the rental amount
• Late cancellation — Between twenty-four (24) and forty-eight (48) hours before pickup: fifty percent (50%) refund of the rental amount
• No refund — Less than twenty-four (24) hours before pickup, or no-show

Refunds are processed to the original payment method within five (5) to ten (10) business days. Service fees are non-refundable except where the Company cancels the booking. We reserve the right to make exceptions to this policy at our sole discretion.

6. Insurance and Protection Plans

Your insurance obligation. Colorado law (C.R.S. § 10-4-619) requires all operators of motor vehicles to carry minimum liability insurance. You must maintain at least the state-required minimums of $25,000/$50,000/$15,000 (C.R.S. § 10-4-620) or purchase a protection plan through the Service.

Collision damage waiver disclosure. In compliance with C.R.S. § 6-1-201 through § 6-1-207, the Company may offer a collision damage waiver (“CDW”) for an additional charge. A CDW is a contractual provision whereby the Company waives or limits its right to recover from you for damage to the rented vehicle during the rental period. The purchase of a CDW is optional and is not required to rent a vehicle. Before purchasing a CDW, you should check whether your personal auto insurance policy or credit card provides similar coverage.

Protection plans. The Company offers optional protection plans that may provide additional coverage for collision damage, comprehensive events, and supplemental liability. Details of available plans, including coverage limits, deductibles, and exclusions, are presented during the booking process. Protection plans are not insurance policies and are subject to the terms and exclusions stated at the time of purchase.

Exclusions. Protection plans and CDWs do not cover damage resulting from violation of these Terms, including but not limited to unauthorized use, illegal activity, operation under the influence of drugs or alcohol, use by an unauthorized driver, off-road use, or operation outside the approved geographic area. Personal belongings left in the vehicle are not covered.

Owner liability limitation. Pursuant to the Graves Amendment (49 U.S.C. § 30106), the Company, as the owner of rental vehicles engaged in the trade or business of renting motor vehicles, is not vicariously liable for harm arising from the use or operation of the vehicle during a rental period solely by reason of ownership, provided that the Company was not negligent and did not engage in criminal wrongdoing. This federal preemption applies to all claims based solely on vehicle ownership.

7. Long-Term Rental Program

The Company offers weekly and monthly rental rates for select vehicles through our Long-Term Rental Program. In addition to the general terms above, long-term rentals are subject to the following:

• Long-term rates are available for rentals of seven (7) days (weekly) or thirty (30) days (monthly) or more
• Payment is due in advance for the full rental period, or on a recurring basis as specified in your rental agreement
• Early termination may result in retroactive adjustment to the standard daily rate for the actual days used, plus an early termination fee as specified in your rental agreement
• Vehicles must be returned for scheduled maintenance inspections as requested by the Company; failure to comply may result in termination of the rental
• Mileage limits may apply; excess mileage is billed at the rate specified in your rental agreement
• You are responsible for routine vehicle care during the rental period, including maintaining adequate fuel levels, tire pressure, and fluid levels
• Either party may terminate a long-term rental with seven (7) days' written notice, subject to any early termination charges

8. Rent-to-Own Program

The Company offers a Rent-to-Own Program for select vehicles, allowing qualified applicants to make monthly payments toward vehicle ownership. The Rent-to-Own Program is governed by a separate Rent-to-Own Agreement executed between you and the Company, and is subject to the Colorado Rental Purchase Agreement Act (C.R.S. § 5-10-101 et seq.) and the following additional terms:

• Application and approval. Participation requires a completed application and approval by the Company. Submitting an application does not guarantee acceptance. The Company reserves sole discretion in approving or denying applications
• Disclosures. In compliance with C.R.S. § 5-10-301 et seq., your Rent-to-Own Agreement will clearly disclose the total cost of ownership, the payment schedule, individual payment amounts, the cash price of the vehicle, and all other charges
• Down payment. Approved applicants must pay the specified down payment before taking possession of the vehicle
• Monthly payments. Monthly payments are due on the date specified in your Rent-to-Own Agreement. Late payments may incur a fee of up to fifty dollars ($50) or five percent (5%) of the monthly payment, whichever is greater
• Ownership. The vehicle remains the sole property of Tikvah Express LLC until all payments are made in full and title is formally transferred. In accordance with C.R.S. § 5-10-501, after the first payment, you may acquire ownership at any time by paying the remaining balance as specified in your agreement
• Early buyout. You may pay off the remaining balance at any time without prepayment penalty. Contact us for a current payoff amount
• Insurance requirement. You must maintain comprehensive and collision auto insurance on the vehicle for the entire duration of the Rent-to-Own period at your own expense, with Tikvah Express LLC listed as lienholder. Minimum coverage must meet or exceed Colorado state requirements (C.R.S. § 10-4-620)
• Maintenance and care. You are responsible for all routine maintenance, repairs, registration, emission testing, and inspection costs during the Rent-to-Own period
• Prohibited actions. The vehicle may not be modified, subleased, used as collateral, or used for commercial purposes (including rideshare or delivery services) without prior written consent from the Company
• Default and repossession. Failure to make payments for two (2) consecutive months, failure to maintain required insurance, or material breach of the Rent-to-Own Agreement constitutes a default. Upon default, the Company reserves the right to repossess the vehicle in accordance with Colorado law (C.R.S. § 4-9-609). Payments made prior to default are non-refundable, except as otherwise required by law
• Damage waivers. Any liability damage waiver offered in connection with a Rent-to-Own Agreement is subject to C.R.S. § 5-10-603 and will be disclosed separately
• Title transfer. Upon successful completion of all payments, the Company will transfer the vehicle title to you within thirty (30) days at no additional cost. You are responsible for title transfer fees and registration with the Colorado Division of Motor Vehicles

Any intentional violation of the Rent-to-Own Agreement by the Company constitutes a deceptive trade practice under C.R.S. § 5-10-901 and the Colorado Consumer Protection Act (C.R.S. § 6-1-105).

9. Vehicle Use and Renter Responsibilities

When you rent a vehicle through the Service, you agree to use the vehicle solely for lawful, personal, or professional transportation purposes. You must exercise reasonable care in your use of the vehicle and comply with all applicable federal, state, and local laws at all times. Specifically, you agree to:

• Operate the vehicle safely and in compliance with all traffic laws, including speed limits and prohibitions on impaired or distracted driving
• Only allow authorized drivers listed on the rental agreement to operate the vehicle
• Wear seat belts at all times and ensure all passengers do the same; comply with Colorado's child restraint laws (C.R.S. § 42-4-236)
• Return the vehicle on time, with the same fuel level (or pay a refueling charge), and in the same condition as received (normal wear excepted)
• Report any accidents, damage, mechanical issues, or theft immediately to the Company and, where required, to local law enforcement. In Colorado, collisions resulting in injury, death, or property damage exceeding $1,000 must be reported to law enforcement (C.R.S. § 42-4-1606)
• Not drive the vehicle outside the State of Colorado without prior written approval from the Company

Prohibited uses. The following uses are expressly prohibited and will void any applicable protection plan:

• Any illegal activity, including but not limited to transportation of controlled substances
• Racing, speed contests, or reckless driving
• Off-road driving (unless the vehicle is explicitly designated for off-road use)
• Use for commercial purposes requiring a commercial driver's license, including rideshare (Uber, Lyft) or delivery services, without prior written approval
• Towing or pushing any vehicle, trailer, or other object
• Smoking or vaping in the vehicle (a cleaning fee of up to $250 will be assessed)
• Transporting pets without prior approval (a cleaning fee may apply)
• Permitting operation by any person who is unlicensed, intoxicated, or under the influence of any substance that impairs driving ability
• Leaving the vehicle unlocked or running with keys unsecured
• Subleasing, lending, or otherwise making the vehicle available to any third party

Violation of any of these terms may result in additional charges, loss of protection plan coverage, account suspension, and/or civil or criminal legal action. You are fully financially responsible for any claims, loss, or damage arising from prohibited use.

10. Damage, Theft, and Incident Reporting

Guest financial responsibility. You are financially responsible for all physical damage to, or theft of, a rented vehicle that occurs during the rental period, regardless of who is at fault. This responsibility applies whether or not you have your own auto insurance. You may limit your out-of-pocket exposure by purchasing a protection plan or CDW through the Service.

Incident reporting. You must report any damage to the vehicle to the Company immediately upon discovery and in no event more than twenty-four (24) hours after the incident. In the event of a collision involving injury or significant property damage, you must also file a report with law enforcement (C.R.S. § 42-4-1606). Failure to timely report an incident or cooperate in an investigation may reduce or void any protection plan or CDW coverage.

Vehicle theft or failure to return. Failure to return the vehicle by the scheduled return time without obtaining an extension may be reported to law enforcement as unauthorized use or motor vehicle theft (C.R.S. § 18-4-409). You are responsible for any investigation costs, towing fees, and a case administration fee of up to five hundred dollars ($500).

Repossession. The Company or its authorized agent may repossess any vehicle without demand, at your expense, if the vehicle is not returned by the end of the rental period, is found illegally parked, or is used in violation of applicable law or these Terms.

11. Limitation of Liability

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TIKVAH EXPRESS LLC AND ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE OR ANY VEHICLE, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, OR LOSS OF USE, REGARDLESS OF THE THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES YOU HAVE PAID TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). NOTHING IN THESE TERMS SHALL LIMIT LIABILITY FOR FRAUD, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend, and hold harmless Tikvah Express LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Service or any vehicle rented or leased through the Service; (b) your violation of these Terms or any applicable law or regulation; (c) your negligent, reckless, or intentional acts or omissions while operating a rented vehicle; or (d) any damage, injury, or harm caused to any third party in connection with your use of a rented vehicle. This indemnification obligation survives termination of these Terms and your use of the Service.

13. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION THAT AFFECTS YOUR LEGAL RIGHTS.

Pre-arbitration dispute resolution. Before initiating arbitration, you agree to first contact the Company in writing at legal@peakdriverentals.com describing the nature of your dispute and the relief you seek. The Company will make every reasonable effort to resolve your concern informally within thirty (30) days.

Agreement to arbitrate. If a dispute cannot be resolved informally, you and the Company agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, your use of the Service, or any vehicle rented through the Service shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. This agreement to arbitrate is governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.) and evidences a transaction involving interstate commerce. The arbitration shall be conducted by a single arbitrator in Denver, Colorado, or at another mutually agreed location. You and the Company may attend by video or telephone.

Exceptions. The following are excepted from arbitration: (a) disputes that qualify for small claims court; (b) actions seeking injunctive or equitable relief to prevent infringement of intellectual property rights; and (c) any claim that cannot be arbitrated as a matter of applicable law.

Class action waiver. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO RESOLVE THAT PARTY'S INDIVIDUAL CLAIM.

Opt-out right. You may opt out of this arbitration clause by sending written notice to legal@peakdriverentals.com within thirty (30) days of first accepting these Terms. Your opt-out notice must include your full name, mailing address, and email address associated with your account. If you opt out, all other provisions of these Terms remain in effect.

Costs. Each party is responsible for its initial filing fees. If you prevail in arbitration and recover the full amount of your claim, the Company will reimburse your initial AAA filing fee. Each party bears its own attorneys' fees except as provided by law.

Severability. If the class action waiver is found unenforceable, the entire arbitration provision shall be null and void. If any other part of this arbitration provision is found unenforceable, the remaining parts shall continue to apply.

14. Colorado Consumer Protection Act Compliance

The Company is committed to fair dealing in compliance with the Colorado Consumer Protection Act (C.R.S. § 6-1-105 et seq.). We do not engage in deceptive trade practices, including knowingly or recklessly misrepresenting the source, characteristics, benefits, quantities, or prices of our vehicles or services.

Violations of the collision damage waiver disclosure requirements (C.R.S. § 6-1-201 through § 6-1-207) and violations of the Rental Purchase Agreement Act (C.R.S. § 5-10-901) are per se deceptive trade practices. You have the right to pursue remedies under C.R.S. § 6-1-113, including actual damages with a minimum recovery of five hundred dollars ($500) or treble damages, whichever is greater.

15. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the practices described in the Privacy Policy. We may contact you by electronic means (email, app notification, SMS) regarding your account, bookings, payments, and security matters. Standard message and data rates may apply. You may opt out of non-essential communications at any time.

16. Intellectual Property

All content on the Service, including but not limited to text, graphics, logos, images, software, and the design and layout of the website, is the property of Tikvah Express LLC or its licensors and is protected by United States and international copyright, trademark, and other intellectual property laws. You are granted a limited, revocable, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes. You may not copy, reproduce, distribute, modify, create derivative works from, or commercially exploit any content on the Service without prior written consent.

17. Termination

We may suspend or terminate your account and access to the Service at any time, with or without cause, and with or without notice, to the extent permitted by applicable law. Upon termination, your right to use the Service ceases immediately. Any outstanding obligations, including unpaid fees, damages, indemnification obligations, and pending disputes, survive termination. Sections 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 14 (Consumer Protection) shall survive termination of these Terms. You may close your account at any time by contacting us at support@peakdriverentals.com.

18. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of law provisions, except to the extent preempted by federal law (including the Federal Arbitration Act and the Graves Amendment).

For any legal action not subject to arbitration, you agree to submit to the exclusive personal jurisdiction of the state and federal courts located in the City and County of Denver, Colorado. You waive any objection to venue or jurisdiction in these courts.

19. General Provisions

Entire agreement. These Terms, together with the Privacy Policy, Cancellation Policy, and all policies referenced herein, constitute the entire agreement between you and the Company regarding the Service and supersede all prior agreements, understandings, and representations.

Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of the Company.

Assignment. You may not assign or transfer your rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights and obligations without restriction.

Force majeure. The Company shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, government orders, civil unrest, labor disputes, or failures of third-party services.

20. Contact Information

If you have any questions about these Terms of Service, please contact us: