Version: 2026.10.23.6
Terms & Conditions
Kingbee Rentals LLC Terms and Conditions
KINGBEE-VANS.COM AND APP.KINGBEE-VANS.COM ARE OWNED AND OPERATED BY KINGBEE RENTALS LLC (“KINGBEE”, “we” or “our”). THESE TERMS AND CONDITIONS, THE PRIVACY POLICY, AND ALL POLICIES POSTED ON OUR SITES, SET OUT THE TERMS ON WHICH KINGBEE OFFERS YOU ACCESS TO AND USE OF OUR SITES, SERVICES, APPLICATIONS (“APPLICATION”) AND TOOLS (COLLECTIVELY, “SERVICES”). BY ENTERING, DOWNLOADING, ACCESSING OR USING THE SERVICES, YOU ARE A KINGBEE USER (“USER”). A USER IS THE INDIVIDUAL WHO ACCESSES THE SERVICES ON BEHALF OF A BUSINESS ENTITY OR SOLE PROPRIETOR. THE BUSINESS ENTITY ON WHOSE BEHALF A USER ACCESSES THE SERVICES, OPENS AN ACCOUNT, OR RESERVES OR RENTS A VEHICLE IS THE “RENTER” (KINGBEE’S CUSTOMER AND THE OBLIGOR UNDER EACH TRANSACTION), AND “YOU” AND “YOUR” REFER TO THE RENTER AND, WHERE THE CONTEXT CONCERNS AN INDIVIDUAL’S OWN CONDUCT, TO THE USER. EVERY ACCOUNT, RESERVATION, VEHICLE, CHARGE, AND OBLIGATION UNDER THESE TERMS IS THAT OF THE RENTER, AND THE ACTS AND OMISSIONS OF EACH USER ARE THE ACTS AND OMISSIONS OF THE RENTER. THE RENTER AGREES TO COMPLY WITH AND BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS (“TERMS”), INCLUDING ANY UPDATES AND AMENDMENTS THERETO, AND ANY ADDITIONAL POLICIES AND THE KINGBEE PRIVACY POLICY (www.kingbee-vans.com/privacy-policy) REFERENCED HEREIN OR THROUGH THE APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS, UNINSTALL THE APPLICATION FROM YOUR MOBILE DEVICE AND DISCONTINUE ALL USE OF THE SERVICES, AS YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, OBLIGATIONS, LIMITATIONS, EXCLUSIONS AND DISPUTE RESOLUTION REQUIREMENTS IN CONNECTION WITH THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT (I) YOU HAVE READ AND UNDERSTOOD THESE TERMS; (II) YOU ARE AT LEAST TWENTY-ONE YEARS OLD AND ABLE TO ENTER INTO LEGALLY BINDING CONTRACTS; (III) YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THESE TERMS WITHOUT LIMITATION, QUALIFICATION OR CHANGE; (IV) YOU ARE ACCEPTING THESE TERMS ON BEHALF OF THE RENTER, YOU HAVE THE AUTHORITY TO BIND THE RENTER TO THESE TERMS AND EACH TRANSACTION, AND IF YOU LACK THAT AUTHORITY YOU ARE PERSONALLY BOUND BY THESE TERMS AND EACH TRANSACTION YOU ENTER INTO ; AND (V) YOU ARE ACCESSING THE SERVICES AND RENTING VEHICLES SOLELY FOR COMMERCIAL AND BUSINESS PURPOSES AND NOT FOR PERSONAL, FAMILY, OR HOUSEHOLD USE.
KINGBEE URGES ALL USERS TO UNDERSTAND HOW ALL FEDERAL, STATE AND LOCAL LAWS WORK IN YOUR AREA PRIOR TO USING THE SERVICES.
LAST UPDATED: October 22, 2026 (Version 2026-10-22).
1. About
Kingbee Express, herein referred to as “Kingbee X”, is an online platform and marketplace that allows Renters, acting through their Users, to rent commercial vehicles (“Vehicles”) through a centralized system operated and managed by Kingbee. All vehicles listed on the platform are either owned, leased, or exclusively controlled by Kingbee or its affiliates. Unless otherwise stated in a separate agreement, Kingbee acts as the contracting party for the rental of all Vehicles and is responsible for facilitating bookings, processing payments, and coordinating services. Renter acquires no ownership interest, equity, or option to purchase in any Vehicle.
By entering into any Rental Agreement for a Vehicle through Kingbee Rentals LLC, Kingbee X, or any other Kingbee subsidiary – whether electronically, in writing, or by any other method facilitated by Kingbee – each Renter expressly acknowledges and agrees to be bound by these Terms, which govern every such rental. Each such rental is a “Transaction.” Each Transaction, together with the version of these Terms accepted for it, is the “Rental Agreement” for that Vehicle.
Kingbee does not guarantee the condition, performance, or suitability of any Vehicle for a particular use or that a transaction will be completed as expected. Use of Kingbee X is at the Renter’s own risk, and all Vehicle rentals are subject to Kingbee’s Terms and Conditions.
The “Rental Term” for each Vehicle begins when the Vehicle is delivered to or picked up by Renter. It continues, including any extension under Section 6.3, until the Vehicle has been returned to a Kingbee-designated location, the post-rental inspection under Section 3.4 has been completed, and Kingbee has accepted the Vehicle, or until Kingbee repossesses or otherwise recovers the Vehicle and completes an inspection. The “Minimum Rental Period” for each Vehicle is the minimum rental commitment selected by Renter and confirmed at booking, beginning when the Rental Term begins.
2. Use of Services; License Grant; Termination
2.1 User Conduct.
When accessing or using the Services, you agree not to:
- Use the Services or any Vehicle for any purpose not expressly authorized by these Terms, including any personal, family, or household purpose;
- Access the Services if you are under twenty-one years of age, not legally able to enter into binding agreements, or have been suspended from the use of services by Kingbee;
- Fail to pay for the rental of Vehicles or Services, or any related charges – including but not limited to tickets, tolls, damage, fuel, cleaning fees, or other expenses – unless permitted by Kingbee’s policies;
- Fail to return or deliver rented Vehicles without a valid reason, approved in writing by Kingbee;
- Introduce viruses, malware, or engage in harmful activity impacting Kingbee or any User;
- Use automated tools (bots, spiders, scrapers, etc.) without prior written consent by Kingbee;
- Circumvent or abuse system limitations or platform functionality;
- Resell, sublicense, or otherwise misuse the Services or content on Kingbee X;
- Sublet, lend, pledge, or permit any lien, encumbrance, or impound on a Vehicle, or allow any person other than Renter or an authorized driver meeting the requirements of Section 6 to possess or control a Vehicle;
- Apply for title or registration of a Vehicle in any name other than as Kingbee directs;
- Create multiple accounts or create accounts on behalf of others without authorization;
- Transfer your account without Kingbee’s prior written consent.
2.2 License Grant.
Kingbee grants you a limited, revocable, non-exclusive license to access and use the Services solely to browse, reserve, and rent Vehicles made available by Kingbee, and to manage your reservations in accordance with these Terms. Any unauthorized use is strictly prohibited.
2.3 Termination of Use.
Kingbee reserves the right, at its sole discretion, to suspend or terminate your access to the Services, without notice or refund, for any violation of these Terms or misuse of Kingbee X.
2.4 Communication Consent.
By creating an account, you consent to receive communications from Kingbee via email, mail, voice, or SMS messaging, including without limitation transactional and marketing messages. You may opt out of SMS marketing by texting STOP and you may unsubscribe from marketing emails at any time using the unsubscribe link included in each such email. Kingbee uses these channels to send service-related communications, including maintenance reminders, warning-light and diagnostic alerts, inspection and registration notices, recall notices, and other Vehicle-related notices. If you opt out of any communication channel, you may stop receiving these communications. Opting out does not relieve you of any obligation under these Terms, including your obligations to maintain each Vehicle under Section 3.6, to address warning lights, and to complete required inspections and registration-related obligations. Kingbee’s maintenance reminders and alerts are a courtesy only. Kingbee has no obligation to send them, and you remain solely responsible for all maintenance and Vehicle obligations whether or not you receive them. Opting out of all communications may impact your ability to use the Services.
2.5 Location Tracking.
Each Renter acknowledges that Kingbee may use GPS, telematics, or other location-based technologies to monitor and support the operation, recovery, and performance of Vehicles. Such technologies may collect data including, without limitation, location, speed, mileage, diagnostics, and usage behavior. By renting a Vehicle, Renter expressly consents to the collection and use of such data for lawful business purposes, including, without limitation, fleet management, maintenance tracking, insurance administration, and loss recovery. Renter further acknowledges that each Vehicle may be equipped with remote lock, unlock, disable, or immobilization capability, and consents to the use of that capability by Kingbee, any Financing Party, or any servicer acting for either, upon any payment default, lapse of required insurance, material breach of these Terms, or in connection with Vehicle recovery, in each case without further notice. Renter waives any claims arising from or related to Kingbee’s lawful use of such tracking and data collection technologies in connection with the use of the Services and rental of any Vehicle. Any attempt to tamper with, disable, or otherwise interfere with these systems is strictly prohibited and will constitute a material breach of these Terms. Such conduct will trigger an immediate assessment of a $1,500 fee, along with full reimbursement of all actual costs incurred as a result of the interference.
3. Rentals
3.1 Rental Agreement.
By confirming a Transaction , you acknowledge and agree that:
- You have read and understood the full Vehicle rental listing;
- You are entering into a legally binding agreement to rent the Vehicle; and
- You are responsible for fulfilling all requirements of the Transaction.
By confirming a Transaction, you agree to and explicitly authorize Kingbee to charge your payment method on file, which must include a valid credit or debit card (“Card”) and may also include a bank account debited by automated clearing house transfer (“ACH,” and the account, a “Bank Account”), for all applicable Transaction fees, Kingbee’s Platform Fee, and any additional charges incurred during the Rental Term, including the additional charges described in Section 7.4 . You further agree that you must provide and maintain at all times a valid, chargeable Card, even if you also pay by ACH, and may not remove your Card without replacing it. Failure to provide or maintain a valid Card or other payment method – including payment failures, blocked charges, returned ACH debits, or disputed transactions – may result in Kingbee pausing your rental, denying rental extensions, or taking any other action necessary to secure payment owed.
Each Vehicle is the subject of a separate Transaction and a separate Rental Agreement, even if Renter reserves more than one Vehicle at the same time or under a single order, quote, or cart. A “Default” means (i) failure to pay any amount within five (5) days after its due date; (ii) any lapse of required insurance, any use prohibited by Section 6.2, or fraud; (iii) any other material breach of these Terms not cured within five (5) days after notice, where curable; or (iv) Renter’s insolvency, assignment for the benefit of creditors, or bankruptcy. A Default under any Transaction is a Default under every other Transaction between Renter and Kingbee, and Kingbee may exercise its remedies under these Terms with respect to any or all of Renter’s Vehicles.
3.2 Vehicle Pickup and Return.
All Renters must pick up and return Vehicles exclusively at Kingbee‑designated locations, as identified at the time of reservation or otherwise communicated in writing. Any transportation costs incurred by Kingbee will be billed to the Renter. Renters may not arrange for delivery or return at any other location without Kingbee’s prior written consent. Kingbee-designated locations may include Kingbee lots, auction facilities, dealer lots, or approved customer lots. Renter shall keep each Vehicle within the United States at all times. Failure to return a Vehicle to an authorized Kingbee parking lot will constitute a material breach of these Terms and may result in additional charges, including but not limited to transportation, retrieval, towing, and related fees. Vehicles must be returned in the same or better condition than when it was received, including clean, operable, and free of new damage beyond normal wear and tear. Kingbee’s wear and tear guidelines, which describe what qualifies as normal wear and tear, are available at www.kingbee-vans.com. Failure to return a Vehicle in such condition may result in additional charges for cleaning, repairs, mechanical work, damage restoration, or other necessary services.
3.3 Pre-Rental Inspection.
Each Renter is required to complete a full photo based inspection of the Vehicle prior to the start of the Rental Term , in accordance with Kingbee’s inspection procedures. Failure to complete the inspection and submit it as instructed will result in a $300 non-compliance fee. In addition, failure to provide a timely and complete inspection will be deemed an acknowledgment by such Renter that the Vehicle was received in good working condition and free from any visible damage or maintenance issues. Renter shall be deemed to have accepted the condition of the Vehicle as-is and shall assume full liability for the Vehicle and any and all damage, defects, or mechanical issues that may arise during the Rental Term , regardless of cause.
3.4 Rental Return and Post Rental Inspection.
The Vehicle must be returned in broom-clean condition, free of any damage beyond normal wear and tear, and with no illuminated lights on the dashboard. If you retain the Vehicle beyond the agreed rental term, you authorize Kingbee to charge your payment method on file for the applicable rental rate for the extended period. This rate may differ from the initial rental pricing.
Renter is also required to complete a full photo based inspection at the end of the Rental Term in accordance with Kingbee’s inspection procedures. Failure to complete and submit the inspection as directed will result in a $300 non-compliance fee plus any additional charges incurred by Kingbee. In addition, failure to provide a timely and complete inspection will be deemed an acknowledgment by Renter that any visible damage or maintenance issues was a result of the Renter’s use of the vehicle. Renter assumes full responsibility for the Vehicle and any and all damage, defects, or mechanical issues that arose during the Rental Term, regardless of cause. If additional damage is later discovered and reasonably attributed to the Renter’s use of the Vehicle, the Renter will remain financially responsible for such damage, regardless of the amount of time that has passed since the Vehicle’s return or the discovery of the damage. By reserving a vehicle, you authorize Kingbee (and its payment processor) to charge the payment method on file for all rental fees, damages, tolls, cleaning costs, and other charges incurred under these Terms including but not limited to the actual cost of repair or replacement and any additional fees.
3.5 License Plates and Vehicle Registration.
3.5.1 Delivery Without Permanent Plates. Kingbee may deliver a Vehicle without permanent license plates. In such cases, Renter may be required to print and display temporary registration documents and/or install registration materials provided by Kingbee, and Renter agrees to do so promptly upon receipt and in accordance with applicable law.
3.5.2 Emissions and State Inspections. Renter is responsible for completing any required emissions, safety, or registration-related inspection when notified by Kingbee. Kingbee will reimburse approved inspection costs upon Renter’s submission of documentation and a valid receipt, subject to Kingbee’s reasonable and customary rate review. Beginning sixty (60) days before a Vehicle’s registration expires, Renter shall complete any required emissions testing or, where emissions testing is not offered in the Vehicle’s area, obtain from a law enforcement agency, motor vehicle department, or campus or military base law enforcement officer the out-of-state VIN verification form that Kingbee provides. Renter shall promptly provide requested documentation, make the Vehicle available for inspection or testing, and follow Kingbee’s instructions for registration renewal. If a Vehicle’s registration expires because Renter fails to complete these steps or to cooperate with renewal, Renter shall pay $50 per day until compliance is achieved.
3.5.3 Plate and Registration Material Installation. Renter is responsible for installing any license plates, tabs, decals, or other registration materials shipped or otherwise provided to Renter, and for ensuring such materials remain properly affixed to the Vehicle for the duration of the rental. Renter acknowledges that the certificate of title for each Vehicle is held by Kingbee, an affiliate of Kingbee, a Financing Party, or a custodian acting for any of them, and Renter shall not apply for title or registration of any Vehicle in any name.
3.5.4 Missing Plates at Return. If license plates or registration materials were shipped to Renter and are not returned with the Vehicle – whether installed on the Vehicle or otherwise physically returned to Kingbee – Kingbee may assess replacement and administrative fees of no less than $300 per plate.
3.5.5 Return of Plates. Renter may satisfy this obligation either by ensuring the plates are properly installed on the Vehicle at the time of return, or by shipping the plates back to Kingbee. Any shipping and administrative fees associated with returning plates separately from the Vehicle will be deducted from any Deposit refund under Section 4.3 or charged to Renter’s payment method on file.
3.6 Maintenance.
3.6.1 General Obligations. Renter shall operate and park each Vehicle carefully, in compliance with all applicable traffic laws, and in a manner appropriate to prevailing road and weather conditions. Renter shall keep each Vehicle in good operating condition and physical appearance during the Rental Term and shall perform or arrange all required maintenance in accordance with the manufacturer’s recommended service schedule set forth in the Vehicle’s owner’s manual. Renter acknowledges that the owner’s manual (and a digital PDF copy) was provided at the start of the Rental Term. Kingbee may physically inspect, or cause an agent or contractor to inspect, any Vehicle at any time during the Rental Term.
3.6.2 Routine Maintenance. Renter shall have each Vehicle maintained in accordance with the maintenance schedule and specifications published by the Vehicle’s manufacturer for that Vehicle, as stated in the Vehicle’s owner’s manual or on the manufacturer’s website (the “OEM Schedule”). Routine maintenance includes the oil and filter changes, tire rotations, fluid services, and scheduled inspections called for by the OEM Schedule, together with replacement of bulbs and wiper blades (“Routine Maintenance”). Renter shall have Routine Maintenance performed at the intervals stated in the OEM Schedule, whether measured by mileage, time, or engine hours, whichever occurs first, using parts, fluids, and filters that meet the manufacturer’s specifications. Routine Maintenance performed by a Qualified Vendor at the intervals stated in the OEM Schedule does not require Kingbee’s prior approval.
3.6.3 Qualified and Preferred Vendors. All maintenance and repairs must be performed by a service facility that (i) carries garage liability insurance, (ii) employs ASE-certified or equivalent technicians, and (iii) is properly licensed and insured to perform automotive repairs in its jurisdiction (“Qualified Vendor”). Kingbee maintains, and may update from time to time, a list of Qualified Vendors that it has designated as preferred (“Preferred Vendors”), which is available to Renter on request. Renter shall use a Preferred Vendor whenever one is reasonably available, taking into account the Vehicle’s location and the urgency of the work, and shall use any specific Preferred Vendor that Kingbee directs for a particular service. If no Preferred Vendor is reasonably available, Renter may use any other Qualified Vendor, and Renter is responsible for confirming that the vendor meets the requirements of this Section 3.6.3 .
3.6.4 Repairs. Any work on a Vehicle other than Routine Maintenance is a “Repair,” including any diagnosis or repair of a mechanical failure, malfunction, warning light, or diagnostic code, any repair of damage, and any replacement of brakes, tires, batteries, or other components outside the OEM Schedule. Renter must obtain Kingbee’s express written approval before any Repair begins, and each Repair must be approved separately. Kingbee may approve or decline any Repair, designate the Qualified Vendor that will perform it, or require that the Vehicle be delivered to a location Kingbee designates. If a Vehicle becomes inoperable or unsafe and Kingbee cannot be reached, Renter may arrange towing to a Qualified Vendor, but may not authorize any Repair until Kingbee approves it. Tire replacement is governed by Section 3.6.8, and repairs following an accident, theft, or damage event are governed by Section 3.8. Any Repair performed without Kingbee’s express written approval is at Renter’s sole cost, and Renter is responsible for any damage it causes.
3.6.5 Payment and Reimbursement. Routine Maintenance and approved Repairs performed by a Qualified Vendor (together, “Approved Maintenance and Repairs”) will be paid as follows: (a) if performed by a Preferred Vendor, the Preferred Vendor will invoice Kingbee directly; or (b) if performed by any other Qualified Vendor, Renter will pay the vendor and submit the invoice and receipt to Kingbee within ten (10) days after service completion, and Kingbee will reimburse approved amounts to Renter within forty-five (45) days after receiving complete documentation, unless Renter’s Rental Agreement provides for reimbursement by account credit. Reimbursement is limited to reasonable and customary rates for the applicable service in the relevant market, as determined by Kingbee in its sole discretion, and will not exceed the amount actually billed. If an invoice reflects rates above the reasonable and customary rate, Kingbee will reimburse only up to the reasonable and customary rate, regardless of the amount charged by the service provider. Kingbee’s payment or reimbursement of any Approved Maintenance and Repairs does not limit Renter’s responsibility for costs arising from its breach, misuse, or negligence or from damage during the Rental Term, including under Sections 3.6.6 through 3.6.8, 3.8, 3.9, and 5, and Kingbee may charge those costs to Renter.
3.6.6 Fuel, DEF, and Emissions Systems. Renter shall use only the correct fuel type for each Vehicle. For diesel Vehicles, Renter shall keep diesel exhaust fluid (“DEF”) levels above one-quarter (¼) tank at all times, perform necessary diesel particulate filter (“DPF”) regeneration, and immediately address any fuel, DEF, or emissions warnings. Gasoline must never be added to a diesel tank. If this occurs, the Vehicle must not be started, and Renter must contact Kingbee immediately. Renter is solely responsible for all damages, towing, and repairs arising from the use of incorrect fuel, failure to maintain DEF levels, or failure to complete required DPF regeneration.
3.6.7 Warning Lights and Parking Brake. Renter is solely responsible for: (i) all mechanical damage, including engine damage, caused by Renter’s failure to maintain the Vehicle or to promptly address any oil or brake warning light; and (ii ) any issues involving the parking brake system, regardless of mileage.
3.6.8 Tires. Renter is responsible for keeping each Vehicle’s tires in safe, roadworthy condition, including maintaining proper inflation and rotating them as part of the routine maintenance required by Section 3.6.2. Renter is responsible for:
(A) Tire damage occurring during the Rental Term, including punctures, cuts, sidewall or impact damage, and damage caused by under-inflation, overloading, or misuse, regardless of mileage, except damage documented at pickup; and
(B) Excess tire wear on any Vehicle delivered to Renter new, meaning wear beyond what is expected for the miles driven under Kingbee’s tire specifications for that Vehicle, including uneven wear caused by failure to rotate the tires or maintain proper inflation or alignment. Kingbee will determine excess wear in its reasonable discretion and may bill Renter for the cost of replacement.
Otherwise, Kingbee will replace tires when it determines, in its reasonable discretion, that replacement is warranted based on their actual condition. Replacement tires must meet Kingbee’s tire specifications. Renter is responsible for the cost of any non-conforming tire installed by or for Renter and any damage it causes.
3.6.9 Maintenance Records. Renter shall provide Kingbee with all maintenance and repair records within ten (10) days after completion by email to customersupport@kingbee-vans.com. Failure to comply with the requirements of this Section 3.6 constitutes a material breach of these Terms, and Renter will be liable for any resulting costs, damages, claims, fees, or liabilities, including repair costs, towing, and downtime expenses.
3.6.10 Missed Maintenance and Critical Repairs . If Renter fails to complete Routine Maintenance during the Rental Term, Kingbee may perform or arrange that maintenance upon return of the Vehicle and charge its full cost to Renter’s payment method on file. If Renter fails to have a “Critical Repair” (a Repair that Kingbee determines is necessary to prevent imminent mechanical failure, a safety hazard, or further damage to the Vehicle) completed within the timeframe specified by Kingbee, Kingbee may, in its sole discretion, demobilize and repossess the Vehicle before the end of the Rental Term. In that event, Renter will be charged for: (i) all costs of demobilization and repossession, including transport, recovery, and labor costs; (ii) the cost to complete the required Repair ; (iii) the cost of any damage to the Vehicle resulting from Renter’s delay in completing the Repair ; and (iv) any applicable Early Return Fee under Section 6.3.
3.7 Personal Property Disclaimer.
Kingbee is not responsible for any personal property left in a Vehicle. Any unclaimed property remaining in a Vehicle following its return may be disposed of at Kingbee’s sole discretion, and Renter waives all claims and rights with respect to such property.
3.8 Accident Repairs, Recalls, and Substitution. Following any accident, theft, or damage event, Kingbee (or its designee) will determine, in its sole discretion, whether the Vehicle will be repaired or treated as a total loss, and Renter shall not direct, authorize, or perform repairs of accident damage without Kingbee’s prior written approval. Renter shall deliver any damaged or inoperable Vehicle to the repair facility or location designated by Kingbee within the time Kingbee specifies, and shall make each Vehicle available promptly for any manufacturer recall, safety campaign, or inspection requested by Kingbee. Kingbee may at any time substitute a comparable Vehicle for a Vehicle that is in maintenance, damaged, recalled, or otherwise unavailable, or at Renter’s request. A substitution creates a new Transaction for the replacement Vehicle under these Terms for the remainder of the original Vehicle’s Minimum Rental Period and at the same rental rate, and these Terms (including all Deposits and payment authorizations) apply to the replacement Vehicle. Rent continues to accrue during any period a Vehicle is out of service as a result of Renter’s acts, omissions, or breach.
3.9 Loss, Theft, or Total Loss. If a Vehicle is lost, stolen, destroyed, or damaged beyond economical repair, as determined by Kingbee, Renter shall pay Kingbee, within ten (10) days after demand, (i) the actual cash value of the Vehicle immediately before the loss, as determined by Kingbee using recognized market valuation tools, plus (ii) all accrued and unpaid rent and other charges, plus (iii) the Early Return Fee under Section 6.3, less (iv) any insurance proceeds actually received by Kingbee or the loss payee designated under Section 5 in respect of the Vehicle. Rent continues to accrue until Renter pays the amounts due under this Section. Renter assigns to Kingbee all rights to insurance proceeds and third-party recoveries in respect of any Vehicle and shall direct its insurer to pay such proceeds to Kingbee or the designated loss payee.
4. Deposits.
4.1 Security Deposit.
Kingbee may require a security deposit (“Security Deposit”) as part of any listing or reservation. The Security Deposit secures payment of all amounts Renter owes Kingbee under these Terms. This includes amounts arising from the reservation for which the Security Deposit was paid and amounts arising from any other reservation, Rental Agreement, or account Renter has with Kingbee, such as past due rental amounts, damages, cleaning fees, late return fees, tolls, tickets, and other charges. The Security Deposit does not limit Renter’s liability, does not bear interest, and need not be held in a separate account. Renter may not apply the Security Deposit toward rent or any other amount owed unless expressly approved by Kingbee. The Security Deposit will be applied and refunded as set out in Section 4.3.
4.2 Reservation Deposit. Kingbee may offer Renters the option to place a deposit to reserve a specific Vehicle for a future booking or to hold a Vehicle prior to rental commencement (“Reservation Deposit”). The Reservation Deposit is separate from and in addition to any Security Deposit. Payment of a Reservation Deposit does not guarantee the availability of the reserved Vehicle, and Kingbee makes no representation as to timing. If Renter cancels the reservation, the Reservation Deposit is non-refundable. If the reserved Vehicle is delivered to Renter, Kingbee will hold the Reservation Deposit as security for all amounts Renter owes under these Terms, including rent, damages, tolls, tickets, and other charges. It will be applied and refunded under Section 4.3. If Kingbee is unable to make the reserved Vehicle available, Kingbee will apply the Reservation Deposit to any open invoices on Renter’s account and refund any remaining balance, as set out in Section 4.3.
4.3 Application and Refund of Security Deposit. In this Section, the Security Deposit and any Reservation Deposit are together called “Deposits.” Within thirty (30) days after a reservation ends and the Vehicle is returned, or after Kingbee notifies Renter that a reserved Vehicle cannot be made available (the “Close-Out Period”), Kingbee will:
(a) apply the Deposits first to any open invoices under the reservation for which the Deposit was paid, and then to any other open invoices on Renter’ s account . This covers invoices for rent, damages, Early Return Fees, tolls, tickets, cleaning, late return, and any other charges under these Terms, whether they arise from the reservation for which the Deposit was paid or from any other reservation; and
(b) refund any remaining balance to Renter’s original payment method. If that refund cannot be completed, Kingbee will issue it by another reasonable method.
“Open invoices” include invoices that are subject to a pending dispute under Section 7.4. If a disputed charge is later reduced or reversed, Kingbee will credit or refund the reduced or reversed amount. If the Deposits do not cover all open invoices, Renter remains liable for the remaining balance under Section 7.4. A Reservation Deposit forfeited because Renter cancelled the reservation is not subject to this Section.
5. Insurance
All Renters are solely responsible for maintaining continuous, valid insurance coverage throughout the term of any rental and for providing Kingbee with a current and compliant certificate of insurance (“COI”) upon request. Kingbee does not provide liability or physical damage insurance for Renters. Kingbee does not provide coverage for mechanical damage, wear-and-tear, or damage resulting from misuse, including without limitation to any use of improper fuel for a Vehicle. If any such damage occurs and is not covered by the Renter’s insurance, the Renter shall be fully responsible for the cost of repair. In addition, the renter may be charged for loss of use of such Vehicle, towing, and any administrative fees incurred as a result of the incident.
Failure to maintain required insurance coverage or to timely provide a valid COI constitutes a material breach of these Terms. In the event of such failure, Kingbee may assess a non-refundable administrative charge of fifty dollars ($50.00) per day, per vehicle, beginning on the first day coverage lapses or a valid COI is not on file, and continuing until compliant proof of insurance is received.
If the Renter fails to cure the breach within forty-eight (48) hours after notice, Kingbee reserves the right, in its sole discretion, to demobilize, suspend use of, and/or repossess the vehicle(s). All costs associated with demobilization, recovery, towing, storage, and repossession shall be the sole responsibility of the Renter, without limitation to any other rights or remedies available to Kingbee at law or in equity.
In the event of an accident or damage to the Vehicle, Renters shall be liable for the full cost of repairs, as well as any loss of use and diminished value. Loss of use will be calculated based on the greater of (a) the daily rental rate multiplied by the number of days the vehicle is unavailable due to repair; or (b) industry-standard downtime estimates. Diminished value shall be assessed using recognized market valuation tools, chosen at Kingbee’s sole discretion. Renters may only request a waiver of diminished value if all of the following conditions are met: (I) the Vehicle is rented for the full term, (II) the Vehicle is returned on time, (III) the Vehicle is repaired to manufacturer standards, and (IV) each of the foregoing is supported with complete written documentation.
Prior to any rental, Renters must provide a valid certificate of insurance (COI) that satisfies the following requirements:
- Auto Liability coverage of at least $1,000,000 combined single limit;
- Physical Damage coverage (Comprehensive and Collision) on an actual cash value basis, with a deductible no greater than $2,500 per Vehicle ;
- Kingbee Rentals, LLC, listed as:
- Additional Insured under the Auto Liability policy;
- Loss payee under the Physical Damage policy;
- Waiver of Subrogation in favor of Kingbee Rentals, LLC for Auto Liability and Physical Damage;
- Insurance must be underwritten by a carrier rated B+ or better by AM Best;
- Vehicles covered under Scheduled Auto policies must list the Vehicle VIN on the certificate or in the comments;
- Each certificate of insurance must be submitted directly to Kingbee by email at customersupport@kingbee-vans.com prior to any vehicle release;
- Each policy must be primary and non-contributory with respect to Kingbee Rentals, LLC and must provide at least thirty (30) days’ prior written notice to Kingbee of cancellation, non-renewal, or material reduction in coverage;
- Renter shall reimburse Kingbee for any premium, deductible, or uninsured loss it incurs as a result of a lapse in Renter’s required coverage.
All Renters are required to report any accident, damage, loss, or incident involving a Kingbee Vehicle within forty-eight (48) hours of the occurrence, or as soon as practicable. Renters may report an accident, damage, loss, or incident by calling or emailing Kingbee’s Customer Experience team at customersupport@kingbee-vans.com, or by completing the incident report form available at www.kingbee-vans.com. Renter shall cooperate fully with Kingbee in the investigation, adjustment, and settlement of any claim, shall direct its insurer to pay physical damage proceeds to the designated loss payee, and authorizes Kingbee to communicate directly with Renter’s insurer and broker regarding coverage, claims, and certificates.
Any attempt to submit false, altered, or otherwise fraudulent insurance documentation will result in Kingbee, in its sole discretion, taking any or all of the following actions: (I) result in immediate termination of the Rental Agreement, (II) denial of vehicle access, (III) forfeiture of any Deposits or prepaid amounts, notwithstanding Section 4.3; and (IV) pursual of legal action for any such misconduct.
6. Authorized Drivers
From time to time, Kingbee understands that the Renter may authorize certain individuals to operate the rented Vehicle. The Renter represents and agrees that all such authorized drivers are: (i) at least twenty‑one (21) years of age; (ii) hold a valid U.S. drivers license; and (iii) meet Kingbee’s safe‑driver eligibility requirements to rent a Vehicle through the platform. Any use of a Vehicle in violation of these requirements is strictly prohibited, constitutes a material breach of these Terms, and will render the Renter liable for any costs, damages, claims, fees, or other liabilities arising from such unauthorized use. Before any individual operates a Vehicle, Renter shall upload that individual’s driver’s license information through the Services, and Renter consents to Kingbee verifying license status and driving records through third-party services. Kingbee may decline or revoke authorization of any driver at any time.
6.1 Commercial Use Only.
Vehicles are made available through Kingbee X solely for commercial and business purposes. Renter represents, warrants, and covenants that (i) Renter is renting each Vehicle for use in the conduct of a trade or business and not for personal, family, or household purposes; (ii) each Vehicle will be operated only by Renter or its authorized drivers in the course of Renter’s business operations; (iii) no Transaction constitutes a consumer lease or consumer transaction; (iv) all information Renter provides to Kingbee regarding its business, ownership, and operating authority is accurate and complete; and (v) Renter is not, and is not owned or controlled by, any person that is the target of United States economic or trade sanctions, and no Vehicle will be used in, or for the benefit of, any sanctioned country, territory, or person. Renter acknowledges that Kingbee relies on these representations in making Vehicles available and in establishing the pricing, terms, and remedies set forth in these Terms. Commercial use permitted under this Section remains subject to all restrictions in Section 6.2, including the prohibition on use for gig platforms, unless otherwise authorized by Kingbee in a separate written agreement. Any personal, family, or household use of a Vehicle constitutes a material breach of these Terms and entitles Kingbee to exercise any remedy available under these Terms, including repossession under Section 6.4 , and Renter shall indemnify Kingbee for any resulting claims, losses, or liabilities in accordance with Section 9.7 .
6.2 Prohibited Uses.
Vehicles rented through Kingbee may not be used:
- By anyone other than the Renter or a driver authorized by Renter who meets the requirements of Section 6;
- By any person under the age of 21;
- By any individual whose driver’s license is suspended, revoked, expired, or otherwise invalid in any jurisdiction;
- By any person under the influence of drugs, alcohol, or any substance that impairs driving ability;
- By anyone who obtained the Vehicle or extended the Vehicle reservation by providing false, misleading, or fraudulent information;
- For any illegal purpose, or in violation of any law other than minor traffic infractions;
- For any personal, family, or household purpose, or for any purpose other than the operation of Renter’s business;
- For use on a gig platform including without limitation to Uber, Lyft, Doordash, etc.;
- To tow or push another vehicle or object;
- For the purpose of driver instruction;
- In any race, speed test, competition, or similar event;
- To transport hazardous materials, contraband, or illegal goods;
- Outside of the United States or beyond any geographic limits specified in these Terms and/or the applicable Rental Agreement;
- When loaded beyond the manufacturer’s recommended capacity;
- On unpaved roads, trails, or off-road conditions;
- To transport a number of passengers that exceeds the number of seat belts, or to transport passengers outside the enclosed passenger compartment;
- To transport children without legally required and properly installed child safety seats;
- When the odometer has been tampered with, disconnected, or disabled;
- When fluid levels are below recommended levels;
- When it would be reasonably apparent that continued operation would reasonably be expected to damage the Vehicle;
- In a manner where cargo is improperly secured;
- After an accident unless and until law enforcement is contacted and arrives on the scene.
Renter shall be fully liable for all damage, costs, and claims resulting from any violation of these restrictions by Renter, any User or driver, or any other person who obtains access to a Vehicle through Renter or while the Vehicle is in Renter’s possession.
6.3 Minimum Rental Period and Early Return Fee .
By initiating a reservation through the Kingbee X platform, you agree to be bound by the Minimum Rental Period associated with the selected Vehicle, which becomes contractually binding upon confirmation. If the Vehicle is not returned prior to the expiration of the Minimum Rental Period, Kingbee will automatically extend the rental on a week to week basis until the Vehicle is returned in accordance with these Terms. No advance notice from the Renter is required to continue the rental, and billing will continue automatically until the Vehicle is returned.
If a Renter returns a Vehicle prior to the expiration of the applicable Minimum Rental Period, an early return fee (“Early Return Fee ” or “ERF “) will apply, calculated at the Renter’s contracted rental rate as follows:
- Twelve (12)-month Minimum Rental Periods: the Early Return Fee shall equal fifty percent (50%) of the total rental charges and Platform Fees that would otherwise be due for the remaining unexpired portion of the Minimum Rental Period.
- Minimum Rental Periods of less than twelve (12) months: the Early Return Fee shall equal one hundred percent (100%) of the total rental charges and Platform Fees that would otherwise be due for the remaining unexpired portion of the Minimum Rental Period.
Applicable taxes will be assessed on the full amount of the Early Return Fee , to the extent permitted or required by law.
The remaining portion of the Minimum Rental Period will be calculated on a daily basis using Renter’s contracted rental rate. The Early Return Fee , including applicable taxes and fees, will be charged to the payment method on file or applied against any Deposits under Section 4.3. In addition to the Early Return Fee , Renters remain responsible for reimbursement of any upfitting costs incurred by Kingbee. Kingbee reserves the right to establish Early Return Fee rates for other Minimum Rental Period lengths, which will be disclosed at the time of booking. Renter acknowledges that Kingbee’s damages from an early return are difficult to estimate, that Kingbee has priced each Transaction in reliance on the full Minimum Rental Period, and that the Early Return Fee is a reasonable pre-estimate of those damages and is intended as liquidated damages.
6.4 Repossession, Termination, and Property Abandonment.
Kingbee reserves the right to repossess a Vehicle at any time, with or without notice, if (I) the Vehicle is not returned as required; (II) any payment is overdue; (III) the Vehicle is used in violation of these Terms; or (IV) fraud or misrepresentation is suspected. To the extent permitted by law, Renter consents to Kingbee, any Financing Party, and their respective agents entering any premises where a Vehicle is located for the purpose of recovering it. Upon repossession, or upon termination of any Transaction by Kingbee for Renter’s breach, the Rental Term for the affected Vehicle ends and Renter shall pay, in addition to all accrued and unpaid charges, the Early Return Fee under Section 6.3 calculated as if Renter had returned the Vehicle on the date of repossession or termination. Renters agree to reimburse all expenses incurred by Kingbee, the owner of the Vehicle, and/or any Financing Party , as applicable, in locating and recovering the vehicle, including without limitation, towing and legal fees, plus a $250 administrative fee assessed for each repossession, in addition to the full cost of the repossession itself. Any personal property left in a repossessed Vehicle may be discarded, destroyed, or otherwise disposed of at the sole discretion of Kingbee or the owner of the Vehicle . Renters expressly waive any claims arising from such disposal.
7. Fees and Payments
7.1 Kingbee’s Fees.
Kingbee charges a platform fee (“Platform Fee”) to Renters who book Vehicles through Kingbee X. The Platform Fee is calculated as a percentage of the total Transaction amount and is charged in addition to any rental fees.
The Platform Fee is charged at the time each Transaction is confirmed and is nonrefundable, including in the event of cancellation by the Renter, subject to Section 8.2 below.
7.2. Billing.
The standard Minimum Rental Period is twelve (12) months. Rental charges accrue in twenty-eight (28)-day billing periods (each, a “Billing Cycle”), beginning on the date the Vehicle is delivered to Renter, and are charged weekly in advance. If a Vehicle is not returned at the expiration of the Minimum Rental Period, the rental will automatically continue on a week to week basis at the then-applicable rental rate until the Vehicle is properly returned in accordance with these Terms. Rental charges for a partial Billing Cycle are not prorated or refunded. Rental rates may include a mileage allowance specified at reservation, and miles driven in excess of the allowance are charged at the overage rate specified at reservation. Renter shall also reimburse Kingbee for shipping, transport, delivery, registration, licensing, and similar third-party costs relating to each Vehicle to the extent stated at reservation or incurred as a result of Renter’s acts or omissions. At the time of booking, Kingbee may pre-authorize or place a temporary hold on a Renter’s Card for the anticipated charges associated with the Transaction. Renters will be notified if such a hold is required, and by proceeding with the Transaction, they consent to this authorization. Upon return of the Vehicle, Kingbee will charge any remaining amounts due and apply and refund Deposits under Section 4.3. Card and Bank Account information is collected, tokenized, and stored by Kingbee’s third-party payment processor (such as Stripe) under that processor’s terms and privacy policy, and Kingbee does not itself receive or store full Card numbers, security codes, or bank account numbers. Renters authorize the processor to retain their Card and Bank Account information and related billing details for use in future transactions, and agree to promptly update payment information if a Card expires or is replaced or a Bank Account is closed or changed. Kingbee will collect applicable sales and use taxes on rental charges, fees, and other amounts as required by law. Renters are responsible for all other taxes arising from their use of the Services, including income taxes.
7.3. Facilitation of Payments.
All payments made through Kingbee X are processed by one or more third-party providers, including without limitation, Stripe, Inc. (“Stripe”). By using Kingbee’s Services, you authorize Kingbee and its payment processors to charge your designated payment method for all amounts due, including without limitation, rental fees, deposits, damages, tolls, tickets, penalties, and any other charges arising under these Terms. You acknowledge and agree that all such payments are subject to the applicable processor’s Terms of Service and Privacy Policy (including Stripe’s), which you consent to by using Kingbee’s Services. You further agree not to dispute, reverse, or charge back any authorized transaction except as expressly permitted by law, and you waive any claims against Kingbee arising from processing delays, holds, or errors caused by the third‑party processor. All disputes related to payment processing (including but not limited to refunds, reversals, or chargebacks) shall first be raised directly with Kingbee for resolution before any external dispute process is initiated. Cash payments and off-platform transactions are strictly prohibited. Kingbee may change or replace its payment processing provider at any time without prior notice.
7.4. Additional Charges and Authorizations.
Renters agree to immediately pay Kingbee for any additional charges incurred under these Terms, including without limitation:
- Damages to a Vehicle or upfitting;
- Late returns or unauthorized extensions;
- Violation of rental terms;
- Insurance deductibles;
- Fees imposed by Kingbee (e.g., cleaning, fuel, smoking remediation, towing, impound, storage, court costs, and vehicle license and recovery fees), and tolls plus a $7.50 administrative fee per toll, tickets plus a $50 administrative fee per ticket ;
- Administrative, processing, or penalty fees.
Renters have five (5) days from the date a damage-related charge is issued to dispute the charge with Kingbee. Any dispute must be submitted in writing to escalations@kingbee-vans.com and must include supporting documentation (such as photos, inspection records, receipts, or other evidence). Failure to submit a dispute within this 5-day window will be deemed an acceptance of the charge, and the Renter agrees to honor the associated debt in full. Filing a dispute does not pause, delay, or otherwise relieve the Renter from payment obligations, and Kingbee may continue to process charges to the payment method on file or apply any deposits or holds toward the outstanding balance while a dispute is under review in accordance with Section 4.3.
The payment authorization in Section 7.3 remains in effect for the duration of the rental relationship and for any outstanding balance thereafter . If a charge is declined or payment is otherwise not received, Kingbee may initiate collection efforts and recover all associated costs, including reasonable attorneys’ fees, court costs, and third‑party collection agency fees.
Any Renter who initiates a chargeback, payment reversal, or credit card dispute with their financial institution, or asks its bank to return an authorized ACH debit as unauthorized, for charges validly incurred under these Terms – without first raising the dispute directly with Kingbee in accordance with Section 7.3, 7.4, or 7.5, as applicable – may, at Kingbee’s sole discretion, be subject to immediate suspension or permanent ban from the Kingbee platform, termination of any active Rental Agreements, and forfeiture of any prepaid amounts, Security Deposits, or Reservation Deposits on file, notwithstanding Section 4.3. Kingbee reserves the right to pursue all available legal and equitable remedies to recover amounts reversed through unauthorized disputes, including attorneys’ fees and collection costs.
7.5 Reservation and Pre-Delivery Charge Disputes. For any charge assessed prior to Renter taking physical possession of a Vehicle – including Reservation Deposits, Platform Fees, and any other pre-delivery charge – Renter has thirty (30) days from the date the charge is assessed to dispute the charge in writing to escalations@kingbee-vans.com, with supporting documentation. Disputes submitted after this 30-day window will not be considered, and the charge will be deemed final. This provision applies specifically to charges incurred while Renter does not have physical possession of the Vehicle and is separate from the dispute window in Section 7.4 governing damage-related charges after Vehicle return.
7.6 ACH Payments. In addition to the Card required under Section 3.1, Renter may designate a Bank Account to pay amounts due under these Terms by ACH, subject to verification under this Section. Designating a Bank Account does not replace the Card, and Kingbee may charge the Card for any amount that is not paid by ACH when due, including any amount for which an ACH debit is returned or has not yet settled. If an ACH debit later settles for an amount already charged to the Card, Kingbee will refund or credit the overpayment.
(a) Authorization. By designating a Bank Account, Renter authorizes Kingbee and its payment processor (such as Stripe) to initiate ACH debit entries to the Bank Account for all amounts due under these Terms, including recurring weekly rent, Platform Fees, Deposits, Early Return Fees, and the additional charges described in Section 7.4, in the amounts and on the dates they become due, and to initiate ACH credit entries to issue refunds or correct any erroneous debit. The amount of each debit may vary, and Renter agrees that Kingbee need not give advance notice of each amount, to the extent permitted by law. Renter agrees to be bound by the NACHA Operating Rules as they apply to entries initiated under these Terms.
(b) Account. Renter represents that each Bank Account is held in Renter’s own name, is used primarily for business purposes, and that Renter is authorized to initiate debits from it. Renter shall complete any account verification Kingbee or its payment processor requires, including instant verification or micro-deposits.
(c) Settlement. An ACH payment is not received until the funds have settled and are no longer subject to return. Kingbee may delay the release of a Vehicle, the confirmation of a reservation, or an extension until an ACH payment settles, or may charge the amount to the Card instead.
(d) Returned Payments. If an ACH debit is returned or rejected for any reason, including insufficient funds or a closed account, Kingbee may (i) re-initiate the debit up to two additional times as permitted by the NACHA Operating Rules, (ii) charge the unpaid amount to the Card, and (iii) require Renter to pay by Card going forward. An amount remains unpaid until it is collected in good funds.
(e) Revocation. This authorization remains in effect until all amounts due under these Terms are paid in full, unless Renter revokes it by written notice that Kingbee receives at least three (3) business days before the next scheduled debit. After revocation, amounts due will be charged to the Card, and revocation does not relieve Renter of any payment obligation.
8. Refunds and Cancellations
8.1 Refunds.
If you are a Renter and encounter an issue with a rented Vehicle, Kingbee may, in its sole discretion, take one or more of the following actions:
- Reimburse you up to the full amount paid through the Services;
- Assist in booking a comparable replacement vehicle for the remaining duration of your Transaction; or
- Provide an alternative remedy, as deemed reasonable at the sole discretion of Kingbee under the circumstances.
Except for refunds of Deposits under Section 4.3, all determinations regarding refunds are made at the sole discretion of Kingbee and are final and binding on the Renter. Once Kingbee has taken any of the actions listed above, it shall have no further liability or obligation to you related to that issue.
8.2. Cancellations
Renters:
Renters may cancel a Transaction within thirty (30) minutes of confirming the booking without incurring any charges. After the 30-minute cancellation window:
- Any Reservation Deposit is forfeited under Section 4.2;
- If the Vehicle has been delivered, the Early Return Fee under Section 6.3 applies;
- The Platform Fee is non-refundable;
- Except for refunds of Deposits under Section 4.3, no refund will be issued unless explicitly stated in the Vehicle listing or otherwise determined by Kingbee at its discretion.
9. GENERAL TERMS
9.1 Arbitration Agreement.
You and Kingbee each agree that any dispute, claim, or controversy that may arise between you and Kingbee shall be resolved exclusively through final and binding arbitration to be conducted exclusively in Salt Lake County, Utah. This includes any dispute related to current or previous versions of these Terms, your use of the Services, or any transaction conducted through Kingbee X.
You and Kingbee each hereby incorporate herein the provisions and procedures set forth in the Utah Uniform Arbitration Act, U.C.A. § 78B-11-101 et seq. (as amended or superseded from time to time, the “Arbitration Act”). Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its rules, including the Commercial Arbitration Rules, as modified by these Terms and the Arbitration Act. You can find AAA rules at www.adr.org.
Notwithstanding the foregoing, either party may bring an individual action in small claims court, and Kingbee or any Financing Party may bring an action in any court of competent jurisdiction to collect unpaid amounts owed under these Terms or to recover possession of a Vehicle. Nothing in this Section limits any right of Kingbee or any Financing Party to repossess, demobilize, or disable a Vehicle without judicial process to the extent permitted by law.
Class Action and Jury Trial Waiver: You and Kingbee each agree to waive any right each such party may have to participate in any class, group, or representative proceeding and waive any right to a trial by jury. Unless both parties agree otherwise, the arbitrator may not consolidate claims or preside over any form of a representative proceeding.
Arbitrator Authority and Remedies: The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claims. The arbitrator must follow the limitations of liability described in these Terms. You and Kingbee each agree that the award of the arbitrator rendered shall be (I) final and binding upon the parties, and (II) the sole and exclusive remedy between them regarding any Claims, counterclaims, issues, or accountings presented or pleaded to the arbitrator. If a court determines that any part of this provision is unenforceable, only that specific claim may proceed in court and such claim shall be brought exclusively in the state or federal courts located in Salt Lake County, Utah.
Costs: Arbitration fees will be governed by AAA rules unless otherwise stated. The arbitrator is hereby directed to require the losing party to (I) pay the full amount of any unpaid costs and fees of the arbitration, and (II) reimburse the prevailing party for all reasonable attorneys’ fees, arbitrator costs and fees, deposition costs, other discovery costs, and other expenses, costs or fees paid or otherwise incurred by the prevailing party in connection with the arbitration. If the arbitrator deems a claim frivolous, you shall be responsible for all arbitration fees and costs Kingbee incurs in connection with that claim.
9.2 Choice of Law and Venue.
These Terms and any dispute between you and Kingbee shall be governed by the laws of the State of Utah, without regard to its conflict of law provisions. Subject to Section 9.1 , venue lies exclusively in the state and federal courts in Salt Lake County, Utah.
9.3 Intellectual Property and Content.
Kingbee respects intellectual property rights. Kingbee may suspend or terminate accounts that infringe copyright or trademark rights. Renter and its Users retain ownership of content they submit through the Services, including inspection photos, documents, and other materials, but grant Kingbee a worldwide, royalty-free, perpetual, irrevocable license to use, copy, distribute, and display that content, and to share it with Financing Parties, insurers, and service providers, in connection with the Services and any Vehicle .
9.4 Policy Enforcement.
Kingbee reserves the right to enforce these Terms at its discretion, taking into account performance history and the context of any reported issues. Kingbee may, in its sole discretion, offer leniency where appropriate to maintain fairness. Any leniency is a one-time accommodation and does not waive any right or remedy, as provided in Section 9.13.
9.5 Account Security and Identity Verification.
Renter is responsible for each User it permits to access its account, for safeguarding account credentials, and for all activity under its account, whether or not authorized by Renter .
9.6 Modifications.
Kingbee may update these Terms from time to time. Each version is identified by the “Last Updated” date and version number shown above, and Kingbee retains a dated copy of each version. The version Renter accepts when confirming a Transaction governs that Transaction through the end of its Minimum Rental Period, unless Renter accepts a later version through the Services. Updated Terms apply to each new Transaction confirmed after they are posted, and confirming a new Transaction constitutes acceptance of the version then in effect. Kingbee’s electronic record of Renter’s acceptance, including the date, time, and version accepted, is conclusive evidence of that acceptance absent manifest error.
The period after the Minimum Rental Period, including all automatic week-to-week continuations under Sections 6.3 and 7.2, is a single “Extension Period.” Any version of these Terms posted after Renter confirmed a Transaction applies to that Transaction beginning on the later of (i) the start of its Extension Period and (ii) thirty (30) days after Kingbee notifies Renter of the updated version by email or through the Services. Renter’s continued possession of the Vehicle after that date constitutes acceptance of the updated version. A Vehicle substitution requested by Renter under Section 3.8 is subject to the version of these Terms in effect when the substitution occurs.
No change to Section 9.1 applies to any claim or dispute that arose before the change took effect.
9.7 Release, Defense, and Indemnification.
(a) Release. To the fullest extent permitted by law, Renter releases Kingbee, its affiliates, and their respective officers, directors, members, managers, employees, and agents (the “Kingbee Parties”) from all claims, demands, and liabilities arising out of or relating to: (i) the use, possession, or operation of any Vehicle by Renter or any person who obtains access to a Vehicle through Renter; (ii) the acts or omissions of Renter’s drivers, employees, contractors, or agents; (iii) any cargo, goods, or passengers transported in a Vehicle; and (iv) any dispute between Renter and any other User or third party. This release does not apply to claims arising from a Kingbee Party’s gross negligence or willful misconduct. Renter expressly waives the benefit of any statute or rule that would limit this release to claims known or suspected at the time of agreement, including California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
(b) Defense and Indemnity. Renter shall defend, indemnify, and hold harmless the Kingbee Parties, each Financing Party , and each Vehicle Owner (the latter two as defined in Section 9.15), and their respective officers, directors, employees, and agents from and against all claims, demands, suits, actions, and proceedings, including governmental and regulatory proceedings (each, a “Claim”), and all resulting losses, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, expert fees, and costs of investigation and collection. This obligation applies to Claims arising out of or relating to:
(i) the use, possession, operation, parking, or storage of any Vehicle from delivery until the Vehicle is returned to Kingbee, by Renter or any person who obtains access to the Vehicle through Renter, whether or not authorized;
(ii) bodily injury, death, or damage to property, including cargo, suffered by any person, including Renter’s drivers, passengers, and third parties;
(iii) Claims by Renter’s drivers, employees, contractors, or agents, including employment, wage-and-hour, and workers’ compensation claims. For purposes of this indemnity only, Renter waives any immunity it may have under applicable workers’ compensation laws;
(iv) any cargo or goods transported, including Claims by Renter’s customers, shippers, or delivery program partners;
(v) any violation of law, including traffic, parking, toll, motor carrier, and environmental laws, and any release of fuel, fluids, or hazardous materials;
(vi) Renter’s breach of these Terms or any Rental Agreement; or
(vii) the negligence, willful misconduct, or fraud of Renter or its drivers, employees, contractors, or agents.
These obligations apply even if a Kingbee Party is alleged or found to be concurrently negligent. They do not apply to the extent a Claim is finally determined to have resulted from the sole negligence or willful misconduct of a Kingbee Party.
(c) Defense Procedures. Kingbee will notify Renter of any Claim for which it seeks defense or indemnity. A delay in notice relieves Renter of its obligations only to the extent Renter is materially prejudiced by the delay. Renter shall assume the defense of the Claim with counsel reasonably acceptable to Kingbee. Kingbee may participate with counsel of its choice at its own expense. Renter will bear the cost of Kingbee’s counsel if (i) Renter fails to assume the defense within ten (10) days after notice, or (ii) a conflict of interest exists between Renter and a Kingbee Party. Renter shall not settle any Claim without Kingbee’s prior written consent, unless the settlement (A) includes an unconditional release of all Kingbee Parties, (B) involves no admission of fault by any Kingbee Party, and (C) imposes only monetary obligations that Renter pays in full.
(d) Insurance; Survival. Renter’s obligations under this Section 9.7 are not limited by the existence or amount of any insurance. Renter shall promptly tender each Claim to its insurers, and Renter’s insurance shall be primary as to the Kingbee Parties. This Section 9.7 survives the expiration or termination of these Terms and any Rental Agreement and the return of any Vehicle.
9.8 Limitation of Liability.
To the fullest extent permitted by law, Kingbee’s total liability arising out of or relating to these Terms, the Services, or any Vehicle, whether in contract, tort, or otherwise, shall not exceed the lesser of (a) the total amount actually paid by you to Kingbee for the specific Transaction giving rise to the claim, or (b) $250 in the aggregate for all claims in any twelve (12) month period, whichever is less.
In no event shall Kingbee be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to lost profits, loss of use, or loss of goodwill, even if advised of the possibility of such damages.
9.9 Disclaimer.
The Services are provided “as is” without warranties of any kind. Kingbee does not guarantee the accuracy, availability, or suitability of vehicles listed. Use of the Services is at your own risk.
9.10 Privacy.
Your use of the Services is subject to Kingbee’s Privacy Policy, available at www.kingbee-vans.com/privacy-policy. Renter consents to Kingbee disclosing Renter’s account, reservation, payment, insurance, driver’s license, telematics, and performance information (i) to Kingbee’s affiliates and Financing Parties and to their respective agents, servicers, backup servicers, liquidation agents, auditors, insurers, rating agencies, prospective lenders, and prospective assignees in connection with the financing, servicing, sale, or administration of any Vehicle or Rental Agreement, and (ii) to law enforcement, government, and regulatory authorities in response to any lawful request, investigation, or legal process, with or without notice to Renter, and Renter waives any claim arising from such disclosure.
9.11 Notices.
Any notice provided to Kingbee must be sent (I) by U.S. mail to: Kingbee Rentals, LLC, Attn: Legal Department 2272 South 5600 West, West Valley City, Utah, 84120; and (II) by email to katie.molles@kingbee-vans.com.
9.12 Cooperation and Communication Requirement.
Renter agrees to timely communicate and fully cooperate with Kingbee regarding any requests, notices, or inquiries related to the Vehicle, including but not limited to maintenance, inspections, repairs, recalls, safety issues, documentation, or operational concerns. Renter must respond to and reasonably cooperate with such requests within seventy-two (72) hours of notice unless a shorter timeframe is required due to safety or regulatory concerns.
If Renter fails to cooperate, Kingbee may demobilize the Vehicle until the issue is resolved and, where the failure relates to maintenance or repairs, may perform or arrange the work under Section 3.6.10 and charge its full cost plus a $250 administrative fee to Renter’s payment method on file.
9.13 Miscellaneous.
These Terms govern your access to and use of the Services and every Transaction, however entered into. These Terms, together with the policies referenced herein and the Transaction-specific terms confirmed by Kingbee for each rental (such as the Vehicle, rental rate, and Minimum Rental Period), constitute the entire agreement between you and Kingbee. These Terms and each Transaction may be entered into electronically. Renter’s electronic acceptance through the Services has the same effect as a handwritten signature, and an electronic record of these Terms is enforceable to the same extent as a paper original, in accordance with the federal Electronic Signatures in Global and National Commerce Act and applicable state law. Each Transaction is a true rental of personal property and not a sale, conditional sale, lease intended as security, or financing. No failure or delay by Kingbee in exercising any right, and no leniency or course of dealing Kingbee extends to any Renter, waives that right or any other right, and Kingbee’s rights and remedies are cumulative. If any provision is found unenforceable, the remainder of these Terms shall remain in full force and effect. No agency or partnership is created by these Terms.
9.14 Assignment.
Kingbee may, without notice to or consent of the Renter, assign, transfer, pledge, or otherwise convey, in whole or in part, (i) these Terms and any Rental Agreement, (ii) its interest in any Vehicle, and (iii) its rights to receive rent, fees, and any other amounts due or to become due from the Renter under these Terms (the “Payment Rights”), in each case to any affiliate, titling trust, Financing Party, or other third party, and any assignee may further assign or pledge the same . Any such assignment shall be fully effective to vest in the assignee all rights of Kingbee so assigned, including the right to receive and enforce payment directly from the Renter. Renter shall perform for the benefit of, and attorn to, any such assignee upon notice. The Renter shall not assert against any assignee of the Payment Rights any defense, setoff, or counterclaim that the Renter may have against Kingbee. This assignment right shall not be deemed to relieve Kingbee of its obligations under these Terms. No assignee or Financing Party assumes, or shall be liable for, any obligation of Kingbee under these Terms or any Rental Agreement unless it expressly agrees in writing to do so. Renter may not assign these Terms or any Transaction without Kingbee’s prior written consent, and any attempted assignment is void.
9.15 Financing Parties; Security Interest; Remedies.
(a) Definitions. Certain Vehicles made available through Kingbee X are owned by, leased to Kingbee by, or subject to a lien in favor of a third party. Each such owner, lessor, lienholder, or secured lender, any titling trust and its trustees, any administrative agent, collateral agent, lender, custodian, servicer, backup servicer, or liquidation agent acting for or on behalf of any of them, and each of their respective successors and assigns, is a ” Financing Party.” Each agreement between Kingbee and a Financing Party relating to any Vehicle is a “Financing Agreement.” Any other third party that owns a Vehicle made available through Kingbee X under a vehicle management, consignment, or similar agreement with Kingbee is a “Vehicle Owner.”
(b) Third-Party Beneficiary. Each Financing Party is an intended third-party beneficiary of these Terms and each applicable Rental Agreement, and may enforce them directly against Renter.
(c ) Security Interest; Direction of Payments. Renter acknowledges that Kingbee may grant a Financing Party a lien on and security interest in these Terms, each Rental Agreement, and all amounts paid or payable by Renter to Kingbee in connection with any Vehicle. Upon written notice from a Financing Party, Renter shall pay such amounts as directed in the notice. Any payment Renter makes as directed in such a notice will satisfy Renter’s obligation to Kingbee to the extent of the payment.
(d ) Subordination. Renter’s rights in and to each Vehicle, and under these Terms and each Rental Agreement, are subject and subordinate to the rights of each applicable Financing Party under its Financing Agreement.
(e) Exercise of Remedies. Nothing in these Terms or any Rental Agreement limits a Financing Party’s right to exercise any rights and remedies under applicable law or its Financing Agreement upon a default by Kingbee, including repossessing and disposing of any Vehicle. Upon written notice from a Financing Party that it is exercising those remedies, Renter shall promptly surrender the affected Vehicle as directed in the notice. Renter shall also recognize, and perform for the benefit of, any successor servicer or other person that a Financing Party designates in writing to administer these Terms or any Rental Agreement, and shall pay all amounts as directed by that person.
(f) No Claims Against Financing Parties. Renter shall have no right to recover damages from any Financing Party arising from the Financing Party’s exercise of its rights and remedies, including the repossession and disposal of any Vehicle. Any claim Renter may have arising from such an exercise lies solely against Kingbee, subject to Section 9.8.
(g) Bankruptcy. To the fullest extent permitted by law, if Renter becomes a debtor in any bankruptcy case, Renter agrees not to oppose, and consents to, any motion by a Financing Party for relief from the automatic stay to exercise its rights and remedies with respect to any Vehicle. The same consent applies to any such motion by Kingbee, and Renter agrees that rent and other charges accruing after the commencement of any such case are payable when due.
(h) Vehicle Owners. Each Vehicle Owner is an intended third-party beneficiary of Section 9.7 and may enforce it directly against Renter. A Vehicle Owner has no rights under Sections 9.15(b) through (g) unless it is also a Financing Party.
10. Contact Kingbee.
If you have any feedback or questions for us, please contact Kingbee at customersupport@kingbee-vans.com.