Cart Rental Contract

1. Definitions. “Agreement” means all terms and conditions found on both sides of this form. “You” or “your” means the person identified as the customer elsewhere in this Agreement, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the customer’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We,” “our” or “us” means the rental company, Bay Coast Carts, Bay Coast Rentals LLC, and its affiliates, employees, members or officers. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that person has a valid driver’s license and is at least age 21. Only Authorized Drivers may operate the Vehicle. “Vehicle” means the automobile or SMV / Cart identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys, and vehicle documents. “Physical Damage” means damage of any kind, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage or loss, such as loss of the Vehicle due to theft; vandalism; act of nature; riot or civil disturbance; hail, flood; or, fire. Physical Damage includes interior burn holes, window stars or cracks not caused by collision or upset. “Loss of use” means the loss of our ability to use the Vehicle for any purpose caused by damage or loss during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged or lost until it is repaired or replaced, times the daily rental rate.

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

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

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

5. Breach of Agreement: the acts listed here are prohibited uses of the rental vehicle. Any loss or damage that (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while carrying persons or property for hire or while pushing or towing anything, or in any race, speed test or contest; (f) occurs while teaching anyone to drive; (g) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle; (h) occurs outside the geographic limitations indicated at booking (i) occurs when it is loaded beyond its capacity; (j) occurs as a result of driving the Vehicle on unpaved roads; (k) occurs while transporting more persons than the Vehicle has seat belts, or while carrying persons outside the passenger compartment; (I) occurs while transporting children without approved child safety seats as required by law; (m) occurs and the odometer has been tampered with or disconnected; (n) occurs when the vehicle’s fluid levels are low, or It is otherwise reasonable to expect you to know that further operation would damage the vehicle; (o) results from inadequately secured cargo; (p) where applicable, Is caused by anyone who lacks experience operating a SMV or Cart; (q) is a result of your willful, wanton or reckless act or misconduct; (r) occurs and you fail to summon the police to any accident involving personal injury or property damage; or, (s) is caused by an animal transported in the Vehicle; breach this agreement. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of this agreement.

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

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

8. Deposits. A deposit equal to fifty percent (50%) of the total reservation amount is required to secure a reservation. Cancellations made more than seven (7) days prior to the scheduled reservation date: The deposit is refundable, less any applicable cancellation fee. Cancellations made seven (7) days or less prior to the scheduled reservation date: The deposit is non-refundable. At the sole discretion of Bay Coast Carts, the customer may receive a credit toward a future rental, subject to availability and any applicable restrictions. Holidays and Special Event Dates: Deposits and payments for reservations occurring on holidays or designated “Special Event Dates” are non-refundable and are not eligible for rental credit. We reserve the right to determine whether a date qualifies as a “Special Event Date” and whether weather or storm conditions warrant cancellation of a reservation. We may use your deposit to pay any amounts owed to us under this Agreement.

9. Named Storms and Severe Weather: If a named storm is determined by Bay Coast Carts to pose an imminent threat to the immediate rental area, we reserve the right to cancel the affected reservation for safety reasons. In the event we cancel a reservation under this provision, the customer will receive a refund of amounts paid or, at the customer’s option, a credit toward a future rental, subject to availability and any applicable restrictions.

10. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property (including a vehicle) or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
11. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must contact us and receive written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
12. Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal, or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special, or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.