Terms and Conditions
The Rental Agreement is made between Good Vibrations Beach Rides LLC (herein referred to as “the Lessor”) and the person and/or company signing the Rental Document (herein referred to as “the Renter”) whose particulars are recorded in the Rental Agreement. It is hereby agreed as follows:
1. VEHICLE DESCRIPTION AND TERM OF HIRE
The Lessor will let, and the Renter will take the motor Vehicle, details of which are described in the Rental Agreement (herein referred to as “the Vehicle”), for the term of hire as described in the Rental Agreement. If the driver is not comfortable operating the vehicle upon pickup, Good Vibrations Beach Rides has any and all rights to end rental agreement at that time.
2. PERSONS WHO MAY DRIVE THE RENTAL VEHICLE
The Vehicle may be driven during the term of hire only by the person named on the Rental Agreement and only if they hold a current full valid driver’s license appropriate for the Vehicle while they are using the Vehicle and are at least age 25.
3. PAYMENTS BY RENTER
The Renter/Party shall pay the full price of the rental BEFORE taking of the rental vehicle. This will be done in person after terms and conditions have been covered. Payments afterwards are not accepted.
The Renter shall pay the Lessor for the hire of the Vehicle the sum or sums specified in the Rental Agreement; and authorises the Lessor to charge all amounts payable to the Renter’s account. The Renter’s account means a nominated debit card, credit card, or cash.
In addition to the payment specified in clause 3 above, the Renter acknowledges that they shall be liable at the end of the hire term to pay to the Lessor any applicable additional charges payable at the end of the term. These include but are not limited to:
a) Charges for damage to or repair of the Vehicle (subject to the other terms of the Rental Agreement); and any enforcement charges relating to such damage or repairs (including legal costs). The Renter shall bear the a deductible for any damages and repair. (this is determined afterwards once the team has disassembled and assessed the damages.)
b) Charges for improperly deflating and inflating the tires. ALL TIRES MUST BE DEFLATED at 1101 Corolla Light, Corolla NC PRIOR to entering the beach. If you do not deflate tires, you will cause damages to the vehicle due to it getting stuck.
b-2) Furthermore, you MUST reinflate your tires at the same address once off the beach and finished with your rental. Driving on the main road at the deflated PSI WILL de-bead the tires, causing the tires to go flat. YOU will be responsible for the tow, and repairs if instance occurs.
c) Charges for cleaning the Vehicle’s interior if the Vehicle is returned in an excessively dirty condition that requires extra cleaning or deodorising. This includes, but is not limited to, spillage of fluids, food, vomit, other stains, and unpleasant odours including cigarette smoke.
d) Traffic and/or parking offence infringement fees
e) Charges for late arrival; Good Vibrations Beach Rides will allow a 30 minute grace period for all rental end times. Any time after that point, the renter will be required to pay USD 50 each 30-minute interval they are late.
Any surcharges in connection with the use of a debit or credit card by the Renter.
The Lessor will charge the amounts set out in clause 3 above to the Renter’s account during or after the term of hire is completed, or the Renter may pay such charges as agreed with the Lessor, such choice to be at the Lessor’s sole discretion. If the Renter fails to pay any money due under or in connection with the Rental Agreement within 14 days of the date by which the Renter was required to pay the money, the Lessor may, without prejudice to any other rights or remedies the Lessor may have or be entitled to, charge the Renter and the Renter must pay all additional costs as outlined below:
a) Penalty charge at 10% (compounded daily) on the total amount owing from the expiry of 14 days from the date on which the Renter was required to pay the money to the date of payment.
b) All costs incurred by the Lessor for the collection of the unpaid money by a debt collection agency or other external or legal agency.
c) An administration fee of USD 50 plus commercial tax.
4. USE OF THE VEHICLE
The Renter shall not:
a) Use or allow the Vehicle to be used for the transport of passengers for hire or reward
Sublet or hire the Vehicle to any other person
b) Allow the Vehicle to be used outside his/her authority
c) Operate the Vehicle or allow it to be operated in circumstances that constitute an offence against the law (which relates to driving under the influence of alcohol or drugs)
d) Operate the Vehicle or allow it to be operated in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker or testing in preparation for any of them
e) Operate the Vehicle, or allow it to be operated, in breach of rules and regulations or bylaws relating to road traffic
f) Operate the Vehicle or allow it to be operated for the transport of more passengers or goods than the maximum specified in the certificate of loading and/or road user charge certificate, whichever is the lesser, for the Vehicle
g) Allow the Vehicle to be driven by any person who is not named or described in the Rental Agreement as a person permitted to drive the Vehicle
h) Operate the Vehicle or allow it to be operated to propel or tow any other Vehicle
i) Transport any animal in the Vehicle
j) Operate or allow the Vehicle to be used in involvement with any illegal activity; or
allow any person to smoke in the Vehicle
5. RENTER’S OBLIGATIONS
The Renter shall ensure that:
a) All reasonable care is taken when driving and parking the Vehicle;
The tires are maintained at their proper pressure;
The Vehicle is locked and secure at all times when it is not in use and the keys kept under the Renter’s personal control at all times
No part of the engine, transmission, braking or suspension systems are interfered with
b) Should the Renter believe the Vehicle requires mechanical attention, the Renter will stop driving and advise the Lessor immediately
All drivers authorised to use this Vehicle during the term of hire are aware of and comply with the terms outlined in the Rental Agreement
c) Any authorised driver always carries their driver’s license with them in the Vehicle and will produce it on demand to any enforcement officer
6. LESSOR’S OBLIGATIONS
The Lessor shall supply the Vehicle in a safe and roadworthy condition, up to current certificate of fitness standards.
7. MECHANICAL REPAIRS AND ACCIDENTS
If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Renter shall notify the Lessor of the full circumstances by telephone immediately. The Renter shall not arrange or undertake any repairs or salvage without the Lessor’s authority (this includes, but is not limited to, purchasing a replacement tire) except to the extent that repairs or salvage are necessary to prevent further damage to the Vehicle or to other property. If the Vehicle requires repair or replacement, the decision to supply another Vehicle to the Renter is at the Lessor’s sole discretion.
8. RETURN OF VEHICLE
The Renter shall, at or before the expiry of the term of hire, deliver the Vehicle to the agreed rental location described in the Rental Document or obtain the Lessor’s consent to the continuation of the hire (in which case the Renter shall pay additional hire charges for the extended term of hire). If the Renter does not comply with this clause, and does not immediately return the Vehicle, the Lessor may report the Vehicle as stolen to the police and the Renter must compensate the Lessor for either the full cost of the Vehicle, or all additional costs and losses incurred up to the time that the Vehicle is recovered by the Lessor.
The Renter is liable for:
a) Any loss of, or damage to, the Vehicle and its accessories
b) Any consequential damage, loss or costs incurred by the Lessor, including salvage costs, loss of ability to re-hire and loss of revenue
c) Any loss of, or damage to, Vehicles and property of third parties, arising during the term of hire.
The Renter is advised that motor Vehicle insurance must be offered by the Lessor, but the Renter can make their own insurance arrangements, provided these are approved by the Lessor. If the Lessor is not satisfied that the Renter’s insurance is comparable to the Lessor’s, the Lessor may decline to hire the Vehicle.
If the Renter elects to use the Lessor’s insurance, any driver named in the Rental Agreement as a person permitted to drive the Vehicle is, subject to the damage administration fee, the excess payable by the Renter, and the insurance exclusions, covered against the losses
The Renter’s liability is covered by the Lessor’s insurance, up to the value of USD 10,000.
If the Renter elects to use the Lessor’s insurance, the excess payable by the Renter is as specified in the Rental Document and is payable for each and every incident involving the Vehicle. If the damage is excluded under the Lessor’s insurance, the excess will be considered part payment toward the total damage cost and any additional cost will be charged to the Renter in accord with clause 4.
An additional Damage Administration fee of USD 75 plus commercial tax will be applied for processing damage claims. This fee applies to all damage claims regardless of whether the Renter elects to use the Lessor’s insurance or has their own insurance arrangements. This fee may be refunded if it is proven that the damage was not due to the Renter’s fault.
11. INSURANCE EXCLUSIONS
The Renter acknowledges that the cover will not apply:
a) At any time when the driver of the Vehicle is under the influence of alcohol or any drug
b) At any time when the Vehicle is in an unsafe or un-roadworthy condition, such condition arising during the course of the hire, that caused or contributed to the damage or loss, and the Renter or driver was aware or should have been aware of the unsafe or un-roadworthy condition of the Vehicle
c) At any time when a mechanical failure breakdown or breakage occurs and/or an electrical or electronic failure or breakdown occurs that is the result of improper use of the Vehicle. This exclusion also applies to damage to the engine or transmission system directly resulting from any mechanical failure breakdown or breakage, but does not otherwise apply to resulting damage to other parts of the Vehicle
d) At any time when the Vehicle is driven in any race, speed test, reliability trial, rally or contest, or operated on any race or rally circuit or in any event as a pace-maker, or testing in preparation for any of them
e) At any time when the Vehicle is driven by anyone not named or described in the Rental Agreement as a person permitted to drive the Vehicle
f) At any time when the Vehicle is driven by an unlicensed person
g) At any time when the Vehicle is wilfully or recklessly damaged or lost by the Renter, a nominated driver, or a person under the Renter’s authority or control
h) At any time when the driver commits a traffic offence while driving the Vehicle
i) At any time when the Vehicle is loaded or is being loaded in excess of the manufacturer’s specifications
j) At any time when the Vehicle is being loaded or unloaded beyond the limits of a thoroughfare and such loading or unloading is not performed by the driver or attendant of the Vehicle
At any time when the driver fails to stop or remain at the scene following the occurrence of an accident where required to do so by law
k) To any fine or penalty imposed as a result of prosecution for breach of any law
l) To any puncture, cut or bursting of any tire, or damage to any tire by application of brakes
m) To any wear and tear to the Vehicle;
n) To any liability for damage caused by vibration or the weight of the Vehicle or its load to any: bridge or viaduct; any road or anything beneath a road; any underground pipe line or cable; or any other underground installation provided that the limit of liability in these circumstances will be USD 1,000,000
o) To any overhead damage to the Vehicle or to the property of any third party resulting from such overhead damage
p) At any time when the Vehicle was operated beyond the term of the Rental Agreement or any agreed extension of the term, or at any other time or in any other circumstances notified by the Lessor to the Renter.
12. RENTER USES THEIR OWN INSURANCE
If the Renter elects to use their own insurance, then the Renter accepts all liability for all losses, costs and damages.
13. TRAFFIC OFFENCES
All penalties related to traffic and/or parking offences are the responsibility of the Renter, and the Lessor may charge the Renter’s credit card for any traffic and/or parking offence infringement fees incurred by the Renter. The Lessor undertakes, if the Lessor receives notice of any traffic or parking offences incurred by the Renter, to send a copy of any such notice to the Renter as soon as is practicable and to provide the necessary information to the relevant issuing authority for such notices to be directed to the Renter. The Renter has the right to challenge, complain about, query or object to the alleged offence to the issuing enforcement authority and has a right to seek a court hearing (within 30 days from the date of issue of the infringement notice).
14. CANCELLATION OF HIRE AGREEMENT
The Lessor has the right to terminate the hire and take immediate possession of the Vehicle if the Renter fails to comply with any of the terms of the Rental Agreement, or if the Vehicle is damaged. The termination of a hire under the authority of this clause shall be without prejudice to the other rights of the Lessor and the rights of the Renter under the Rental Agreement or otherwise.
15. GPS AND PORTABLE WIFI DEVICES
The Renter acknowledges that they are liable for:
a) Damage to or loss, including theft, of the GPS and portable Wi-Fi units and/or their accessories. The charge is USD 200 plus commercial tax per unit
b) A handling and freight fee where any unit accessory is damaged and/or not returned with the GPS or portable Wi-Fi unit. The charge is USD 30 plus commercial tax per rental.
The information requested from the Renter is to enable the Lessor to assess the Renter’s request to hire a Vehicle. The Renter does not have to supply this information, but if the Renter does not, then the Lessor is unable to hire the Vehicle. The Renter acknowledges that the Lessor will collect, hold, and use the Renter’s personal information for purposes related to the hire of the Vehicle and the provision of related customer services, including direct marketing and assessing customer satisfaction with products and services provided by the Lessor. The Renter further acknowledges that such personal information may be disclosed to debt collection agencies if the Renter defaults in the payment of any monies owing to the Lessor, or other parties involved in an accident with the Vehicle while on hire to the Renter; or any organisations responsible for the processing or handling of traffic related infringements; and the Renter hereby authorises the disclosure of their personal information for such purposes.
By singing below, I acknowledge that I have read and understood the Terms and Conditions of this Rental Agreement.
In addition to the terms and conditions outlined in the Rental Agreement, the customer on his/her own behalf and on behalf of the other participants, including all minor children, does hereby acknowledge and agree to the following:
The vehicle subject to this Rental Agreement is a modified and customised vehicle with features and equipment different from traditional passenger motor vehicles. This vehicle may not contain the same structural or safety features as a stock automobile due to its open air/sport design. Additionally, the vehicle may not contain the same structural or safety features as a stock automobile. These features are inherent with the characteristics of the vehicle you have agreed to rent.
Considering the foregoing, the customer waives, releases, and discharges Good Vibrations Beach Rides LLC, from any liability, damages, claims, suits, losses, or injury of any kind or nature arising out of or incidental to such features, characteristics, lack of safety equipment or handling features of the rented vehicle. The customer acknowledges and consents that the agreement to rent the vehicle is subject to this Liability Waiver, which is deemed a material condition of the Rental Agreement. The customer, for his/her own behalf and on the behalf of the others in his/her party as occupants of the vehicle, including all minor children, purposely and knowingly assumes all risk with respect to the unique characteristics and features of the rental vehicle, including any safety equipment limitations.
By singing below, I acknowledge that I have read and understood the contents of this Liability Waiver.
Today's Date: December 7, 2022