GOLF CART RENTAL AGREEMENT FORM
TERMS AND CONDITIONS
1. The Customer's signature on the Golf Cart Rental Agreement states that the Renter confirms and accepts that he/she has read these Terms and Conditions, and agrees with them. The Terms and Conditions of the rental and the Golf Cart Rental Agreement Form are considered inseparable. This Golf Cart Rental Agreement Form (the "Agreement") is entered into by Sunshine Beach Rentals LLC, DBA Kacie's Beach Rentals, undersigned, and all others signing the "Agreement" below as a Renter or "Additional Driver". The "Renter" and/or "Additional Driver" hereby rents and hires from Sunshine Beach Rentals DBA Kacie's Beach Rentals, a golf cart and agrees to the listed terms and conditions, rules and regulations, and legal terms of this "Agreement".
2. Definitions
"Renter" means the individual who accepts this Rental Agreement by signing or clicking the checkbox on the website (as defined below) displaying this agreement. The Renter may also be referred to as the "Customers." "You" or "your" means the person identified as the Renter in this Agreement, each person signing this Agreement, each Authorized Driver, and every person or organization to whom charges are billed by us at its or the renters direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We,""our," or "us" refers the independent rental company named elsewhere in this Agreement. "Authorized Driver" means (i) Renter (as defined below), and (ii) with Renters permission, Renter's spouse or domestic partner (same or opposite sex) who :(1) permanently resides with the Renter, and (2) meets the minimum age, license requirement and other Rental Requirement Criteria (as defined below) specified in this agreement and/ or Golf Cart Rental Agreement Form. "KBR" refers to Sunshine Beach Rentals, LLC DBA Kacie's Beach Rentals. "Fees" means any and all amounts that Renter owes KBR under this Rental Agreement (as defined below) for any and all damages, rental costs, cancellation fees, tickets occurred during the rental, gas fees, late fees, etc. "Golf Cart Rental Agreement Form" means each fully-executed rental agreement that Renter enters into with KBR. This may be referred to as the "Rental Agreement" or the "Agreement". "Cart" means the original golf cart or any replacement golf carts rented from Sunshine Beach Rentals LLC DBA Kacie's Beach Rentals. "Company" refers to Sunshine Beach Rentals LLC DBA Kacie's Beach Rentals. "Customer" refers to the Renter. "Rental Period" refers to the time the Renter takes possession of the Cart until the time it's check back in by a KBR representative."Rental date" refers to the dates the Cart is rented during the Rental Agreement. "Rental time" refers to the times that the Cart is rented during the Rental Date during the Rental Agreement. "Passenger" refers to any person inside or on the Cart during the Rental Period. "Vehicle" refers to the Golf Cart or any replacement Golf Cart rented from Kacie's Beach Rentals during the Rental Agreement.
2. Nature of Rental; Condition and Return of Vehicle
Renter does not have the right to sublease the Vehicle. Renter must return the Vehicle to our rental office or location of delivery address specified on the reservation form, on the date and time noted on the reservation, and in the same condition that you received it except for ordinary wear. To extend the Rental Period, you must first obtain approval by us, by contacting our rental office before the Return Time on the Return Date. If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred) and Charges may continue to acquire until that time. To the extent permitted by law, we may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law of this Agreement.
3. Indemnify; No Warranties To the fullest extent permitted by law, Renter agrees to indemnify us, defend us and hold us harmless from all judgements, claims, liability, costs and attorney fees we incur resulting from, or arising out of this rental, your use of the Vehicle or our repossession of it. We make no warranties, express, implied or apparent, regarding the Vehicle that we rent to you and no warranty that the Vehicle is fit for a particular purpose.
4. Payment; Charges
You permit us to reserve against your payment card ("Reserve") and/or take a card and/or cash deposit ("Deposit") at the time of the rental. We may use the deposit to pay towards for damages made to the Cart after the amount of damages have been determined. We will authorize the release of any funds held for Deposit after the completion of your rental. Your payment card issuer's rules will apply to your account being credited for the excess and it may not be immediately released by your card issuer. You will pay us at or before the conclusion of this rental or on demand all Charges, including: (a) optional services you purchased; (b) fuel charges, if you return with a less than full tank of gas (unless you purchased prepaid fuel); (c) towing, storage fees, forfeitures, court costs, penalties, and all other costs we incur from resulting from your use of the Vehicle; (d) government-imposed taxes, fees, and surcharges; (e) all expenses we incur location the Vehicle if you fail to return it or we repossess it under the terms of this Agreement; (f) a reasonable fee if you use the keys to the Vehicle; (g) late fees for not returning at the end of your reservation, (h) delivery/ pick-up fees (i) all costs including pre and post judgement attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement. If you return the Vehicle later than the Return Time on the Return Date, you may be subjected to late fees. All charges are subject to a final audit. If errors are found, whether our systems fault or ours, you authorize us to correct the Charges with your payment card. 5. Responsibility for Traffic Violations, and Other Charges
You are liable for all parking citations, or other traffic fines or fees and penalties (each a "Violation") assessed against you, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a ticket or Violation, you agree that we may, in our sole discretion and without prior notice to you, pay the Violation plus applicable taxes on your behalf directly to the appropriate authority, you then agree to pay us back for such Violation, taxes, and administrative fees. You authorize us to transfer liability for a Violation assessed against the Vehicle during the Rental Period to the you personally, by releasing your rental and payment card information to the charging authorities.
6. Driver Requirements You and any additional driver who signs to accept the terms of this Agreement warrants and represents to us that you meet the driver requirements listed below: (a.) 21 years of age or older (b.) has provided us with a valid driver's license, which has not been suspended or revoked (c.) obtains bodily injury and property damage liability insurance for motor vehicle.
The Renter acknowledges and confirms that he/she meets these requirements listed above, if these requirements are found to be untrue/ not met the Renter is financially and legally responsible for any and all damages and/or fines occurred during the Rental Period. 7. Authorized Driver's of the Cart
"Authorized driver" means (a) the Renter; (b) a person whom we designate on the Agreement as an authorized driver; (c) the Renter's spouse: (i) holds a driver's license; and (ii) satisfies all Driver Requirements listed in the clause above.
In case of breach of this clause, the Renter still remains fully responsible for the whole damage and its circumstances.
8. Rules and Regulations a. The Rules and Regulations are to protect our customers and equipment. Please be mindful, Golf Carts are considered motor vehicles in Port Aransas. 1. The Renter cannot drive the cart within 100' of any body of water, this includes but not limited to: puddles, the surf/ocean, the shoreline, any marina, or seawall. If at any point during or after the rental, we decide that the cart has touched saltwater the renter will be charge $1,000 - $20,000. Saltwater is corrosive and may be a total loss. 2. The Renter cannot drive recklessly.
3. The Renter cannot drive the Cart onto any sand dune.
4. The Renter cannot pass Mile Marker 40 on the beach.
5. The Renter cannot operate the Cart on Highway 361, south of the intersection of Avenue G.
6. There is to never by more people than seat belts on the cart at any given time.
7. The Renter cannot drive the Cart onto any sidewalk.
8. The Renter must not allow any person to ride in the lap of the driver or any other passenger.
9. The Renter must obey same traffic laws as a regular motor vehicle.
10. The Renter must be refill with regular unleaded gas, unless the Renter opted into prepaid fuel.
11. Cart is designed and fabricated for pleasure cruising only. Any attempt of speeding, racing, and/or jumping of these Carts and/ or other reckless driving under the influence of alcohol or drugs will result in loss of your rental and deposit.
b. In case of breach of this clause the Renter understands and agrees that this may result in a potential lawsuit or fine of $2,000 or more to cover the costs of any damages that may occur to the Cart.
9. Responsibility for Personal Property
We take no responsibility for the items or belongings left for forgotten in the rented cart. You must check the inside of the cart carefully before returning or at the moment of return.
10. Responsibility for Damage or Loss
You are responsible for damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision, weather, terrain conditions, and acts of God. The Renters responsibility will include: (a) all damage to the Vehicle measured as follows: (i) if we determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if we determine the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage, or; (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying your daily rental rate by either the actual or estimated number of days from the date the Vehicle is damaged to the until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty. Loss of Use is payable regardless of Fleet Utilization; (c) an administrative fee, calculated based on the damage repair estimate as follows, which you agree is reasonable: $0-$250 damage= $50 fee; $251-$500 damage= $75 fee; $501-$750 damage= $100 fee; $751-$1,500 damage= $150 fee; $1,501-$2,500 damage= $200 fee; over $2,500 damage= $250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement, or collection of Charges, including attorneys' fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. Where permitted by law, you authorize us to charge you for the actual cost of repair or replacement of lost or damaged items such as windshield, mirrors, speakers, as part of the rental charges at the time of return. In case of some obstacles such as darkness, weather conditions, vehicle cleanliness, time and/or place of the Vehicle return, and it makes it difficult for us to thoroughly inspect the Vehicle, we hold the right to charge for damages 72 hours after we retrieve the Vehicle.
11. Insurance; Handling Accidents/ Incidents
You are responsible for all damage or loss you cause to others. You agree to provide valid automobile liability insurance. You must (a) report all damages and accidents to us and the police as soon as you discover them and complete our incident report; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle.
12. Prohibited Use of the Vehicle
Certain uses of the Vehicle and other actions by you or another driver or a passenger are prohibited uses. ("Prohibited Uses"). The following listed are Prohibited Uses: (a) by anyone who (i) is not an Authorized Driver, or whose driving license is suspended in any jurisdiction; (ii) is under the influence of a prescription or non-prescription drug, controlled substance, or alcohol; or (iii) lacks experience operating a motor vehicle; (b) for commercial or business purposes; (c) for any illegal purposes; (d) in a race, speeding, jumping or any other reckless or careless manner; (e) to carry passengers in excess of the number of seat belts provided on the Vehicle; (f) to exceed the weight limit allowed for the Vehicle, which is 750 LBS for a four seater, and 1,500 LBS for a six seater; (g) to push or tow anything, to teach anyone to drive, or to carry objects on the roof of the Vehicle; (h) to transport children without approved child safety seats as required by law; (i) with inadequately secured cargo; (j) by anyone who is driving or operating the Vehicle while using a hand-held wireless communication device or other device or other device that is capable of receiving or transmitting telephonic communications, electronic data, mail or text messages while not in hands-free mode; (k) in a reckless manner or with willful or intentional disregard to the Vehicle or third-parties and their property. The following are also Prohibited Uses: failure to notify us and the police of an accident, theft, or vandalism involving the Vehicle; and providing false, misleading or fraudulent information to us or withholding information that would have causes us not to rent the Vehicle. Prohibited Use of the Vehicle violates this Agreement, this automatically terminates your rental and results in loss of the deposit and makes you subject to a potential lawsuit.
In case of breach of this clause the Renter understands and agrees that this may result in a fine of $2,000 or more to cover the costs of any damages that may occur to the Cart.
13. Golf Cart Laws of Port Aransas
Port Aransas Police Department (Rev. December 2011)
GOLF CART LAWS STRICTLY ENFORCED
Welcome to Port Aransas we hope that you enjoy your stay with us. We are one of the few cities in Texas that allows the operation of golf carts on city streets. The ordinance that authorizes golf cart operation includes a number of provisions to ensure the safety of the golf cart operator and the motoring public that share the roadways. It is your duty to know and obey the law before you operate a golf cart on city streets. These laws are strictly enforced by the Port Aransas Police Department.
• Golf carts are considered motor vehicles, most traffic laws apply to their operation, including, seat belt, open container and DWI laws.
• The beach is a city street.
• Golf carts may only be operated by persons with a valid operator’s permit and/or driver’s license.
• Golf carts may not be operated on highway 361, south of the intersection of Avenue G.
• Golf carts must move to the right and yield the right of way to faster moving vehicles.
• Golf carts may not be operated upon any public sidewalk, pedestrian walkway, playground, public park, school ground, or other public recreational areas, not designated for motor vehicle traffic.
• The driver and every occupant of a golf cart must remain seated in a seat designed to hold passengers, while the golf cart is in motion.
• No person may ride in the lap of the driver or any other occupant.
Thank you for your cooperation. If you have any questions concerning the operation of golf carts you should speak to your rental agent. A complete set of laws governing the rules of the road are available from your golf cart rental agent.
Sincerely,
Scott Burroughs
Scott Burroughs Chief of Police
14. Deposits
You will be entitled to a refund of any deposit held by us, within 3-5 business days unless damages occurred during the Rental Period. 15. Cancellations
No refunds for reservations cancelled within a 72- hour time period before the start date and time of reservation. All other cancellations incurs a $29.00 booking fee.
16. Fuel Charges
You must return the Cart will a full tank of gas, unless you prepaid for fuel. If you return the Cart with a less than full tank of gas, you are subject to a fuel charge of $30.00.
17. Late Fees You must return the Cart at the end of your reservation date and time, specified on your booking. All late returns will be charged $35.00 per half hour. 18. Penalty's If at any point during the rental, we see that your cart is being operated by underage or unauthorized drivers, past mile marker 40, on highway 361, within 100' of any body of water, or there are more people on the golf cart than seat belts your card will be charged $100 or more without notification. 18. Miscellaneous No term of this Agreement can be waived or modified except by writing that we have signed. This Agreement constitutes the entire Agreement between you and us. All prior representations and agreements between you and us regarding this rental are void. 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 failure, refusal or neglect to excercse any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. To the extent permitted by law: (a) 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; and (b) you release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a Vehicle. If any provisions of this Agreement is deemed void, invalid or unenforceable, the remaining provisions are still valid and enforceable. ALL DRIVERS AND PASSENGERS ARE AWARE THAT DRIVING OR RIDING IN A GOLF CART IS A VERY DANGEROUS SPORT AND AGREE TO UTILIZE THE VEHICLE AT THEOR OWN RISK CLAIMING NO LEGAL RESPONSIBILITY WHATSOEVER TO THEIR PERSONNEL AS A RESULT OF AN ACCIDENT OR INCIDENT TO THEIR PARTIES OR THEMSELVES REGARDLESS OF THE CONSEQUENCES TO THEIR PERSON OR PROPERTY OR DAMAGES INCURRED DURING THE DRIVERS' RENTAL OF VEHICLE.
RENTER AGREES AND ACKNOWLEDGES THAT RENTER HAS READ AND UNDERSTANDS ALL OF THE ABOVE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREES TO EACH OF SUCH TERMS AND CONDITIONS.
THIS AGREEMENT IS PERFORMABLE IN NUECES COUNTY, TEXAS. THIS AGREEMENT IS TO BE CONSTRUCTED, INTERPRETED AND ENFORCED UNDER THE LAWS OF THE STATE OF TEXAS AND EXCLUSIVE JURISDICTION FOR ANY DISPUTE ARISING UNDER THIS AGREEMENT WILL BE IN THE STATE OF TECAS WITH VENUE FOR ANY SUCH ACTION TO BE IN THE STATE OR FEDERAL COURTS WITH AUTHORITY TO HEAR CASES IN NUECES COUNTY, TEXAS.
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