American car rental acr at the top of its rental agreement


American Car Rental (ACR), at the top of its rental agreement, stated, "Vehicles driven in excess of 79 miles per hour will be charged $150 fee per occurrence. All our vehicles are GPS equipped. It charged customers the fee every time the GPS showed that the car's speed was 79 m.p.h. for two or more minutes. When sued, ACR argued that the fee was liquidated damages charge. Is this correct? Explain.

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