|
||||||||||||||||||||||
|
||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||
| ||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
|
|
|||||||||||||||||||||||||||
PICK UP- You may come to our location and pick up your cart as early as 9 AM.
RETURN-Your cart is due back BEFORE 10 PM. You will be charged $50 for every 30 minutes that it is late. Our staff returns to bring the carts inside. If you are not back before they leave, you will be charged an additional $200.
DELIVERY/PICK UP TIMES- If you have arranged for delivery, times vary and a staff member will contact you the day before or the morning of your rental. We do understand check in/out times so we do our best to accomodate. When we return to pick up the vehicle, it must be ready by 9:30 PM or else you will be charged.
Privacy Policy: We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address. We will not sell your personally identifiable information to anyone.
Security Policy: Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read over the internet.
Refund Policy: Refunds will be processed if reservation is cancelled up to 5 days before rental period begins.
All rentals can print and sign this before coming to save time
Cape May Low Speed Vehicles, LLC
BINDING RENTAL AGREEMENT for LOW SPEED VEHICLES (Please read carefully before signing and returning.)
In consideration for the rental of the LSV provided by Cape May Low Speed Vehicles, LLC.
I,_____________________________, agree to the following conditions for myself and all of my drivers while the vehicle is in my possession. In the event that I violate any of the following conditions, I agree and understand that further use of the LSV may be revoked immediately and without notice:
______1. I promise to return the LSV to the location provided immediately upon completion of the rental period in as good condition as I received the same, normal wear and tear accepted. Normal wear and tear on the vehicle(s) is to be expected, but abuse or damage to the vehicle(s) will be the Renter’s financial responsibility. If the vehicle was delivered to me, I agree to have the unit back at the same pick up location BEFORE 10 PM on the last day of my rental. I agree to pay a fee if the cart is returned late.
______2 I will operate the LSV safely and responsibly, and I will preserve and protect the LSV from loss or damage to the cart itself, my person or property, and the persons or property of others. I agree and understand failure to comply with the terms of this agreement will result in a forfeiture of my rental fees and deposit. I agree to be legally and financially liable for all costs of repairs to the LSV and for the loss, damage and/or injuries to my person or property and the persons or property of others regardless of fault. I agree to reimburse the LSV owner for such unrecovered costs, including but not limited to deductibles and any uninsured losses.
______3. I agree to hold harmless, defend and indemnify Cape May Low Speed Vehicles, LLC, for any and all damages and claims of any nature whatsoever that may arise from the use of said LSV during the time of the rental period, including but not limited to claims for damages to the LSV itself, my person and property and the persons and property of others.
______4. I agree to become familiar with the operation and use of said LSV, to read the “LOW SPEED VEHICLE INFORMATION SHEET” and any other instructions provided to me regarding the cart, and to operate the LSV in accordance with said instructions and only operate the vehicle on permitted roadways. I Agree to contact Cape May Low Speed Vehicles, LLC, If I have any questions or concerns about operating the LSV or if my guests or I have caused any damage to the LSV or others through the use of the LSV. I agree to be held responsible for charging the vehicle during the rental period and understand there will be no refund for driving the unit until the battery is dead. I understand that if the vehicle is driven until the battery has no life and the unit has to be trailered back to our location, I am responsible for trailering fees. I agree to examine and inspect the safety and mechanical condition of the LSV, reporting any concerns or problems immediately upon driving.
______5. I agree to pay replacement and/or repair cost at retail value in the event that the Cart (Low Speed Vehicle) or equipment is lost, damaged, or stolen during the terms of this Binding Rental Agreement. I agree to reimburse Cape May Low Speed Vehicles, LLC for any lost rent or rentals during the repair of such damage that occurred as a result of negligence during the terms of my contract.
_______6. I agree that only persons who are 18 years or older, possess a valid driver’s license as required by law shall be permitted to drive the LSV. I further agree that the maximum occupancy of the golf cart is four persons, including children or 6 persons for the larger LSV. I agree to keep rented vehicles on roadways or 25 mph and below and not cross either bridge leading out of the town I rented in. I agree that if a minor without a driver’s license is found driving, I forfeit my rental and will not receive a refund. I agree that I will not drive with a child on the lap of any passengers or drivers. I will only drive the rented unit on a roadway and am aware that the rented vehicle is not permitted to be driven on boardwalks or beaches or anywhere that a vehicle is not permitted.
_______7. I agree the privilege of using the LSV can be revoked without notice by Cape May Low Speed Vehicles, LLC, in their sole discretion, for any violation of this agreement. I further agree I shall not be entitled any rental refund or deposit for such revocation.
_______8. I understand that a LSV is subject to the same laws and regulations pertaining to motor vehicles and therefore agree that the LSV will be operated in accordance with the laws of the State of NEW JERSEY and the local laws of CAPE MAY and WEST CAPE MAY or the town the cart has been rented in, including but not limited to the requirement that persons driving the LSV must not be under the influence of alcohol and/or illegal drugs. I further agree that I personally will be responsible for all moving and/or parking violations issued to the vehicle while it is in my possession, or at any time during the rental period. I further agree that I have reviewed and made myself familiar with the Low Speed Vehicles Laws of NJ that are published at http://www.state.nj.us/mvc/Vehicle/LowSpeed.htm.
By my signature below, I certify that I understand and agree to the conditions set forth in the CAPE MAY CARTS, LLC, Binding Rental Agreement for Low Speed Vehicles and LSV Information Sheet. I acknowledge that I have signed these documents voluntarily and freely and that my signature creates a contractual obligation that binds me, my guests and all passengers.
Operators Signature______________________________________________________ Date___________________________
Printed Name____________________________________________________________
I AGREE TO RETURN MY RENTAL BEFORE 10 PM ON THE DATE AGREED UP UPON OR ELSE I UNDERSTAND THAT CAPE MAY LOW SPEED VEHICLES WILL CHARGE ME A MINIMUM OF $50 FOR KEEPING AN EMPLOYEE WAITING FOR ME TO RETURN OR $100 IF MY CART IS CONFISCATED AFTER RETURN TIME.
SIGNATURE _______________________________________________________________________
PLEASE INITIAL ONE-
I DECLINE ADDITIONAL COVERAGE PROVIDED BY MBA POWERSPORTS. _________
I WOULD LIKE ADDITIONAL COVERAGE PROVIDED BY MBA POWERSPORTS AT $42/DAY__________
Power Sports Rental Agreement Terms and Conditions (“Terms & Conditions”)
1. Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver and Assumption of Risk, any addenda and any additional materials we provide and that you sign at the time of rental. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our" or "us" means the independent business named on elsewhere in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid operator's license for the type of vehicle rented and is at least ____ years of age. Authorized Drivers are the only persons permitted to operate the Vehicle. "Vehicle" means the motorized “power sport” vehicle (e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a thirdparty estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
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 rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the duein date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business, and Charges will continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical 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 that 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 either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (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; $501750 damage=$100 fee; $7511500 damage=$150 fee; $15012500 damage=$200 fee; over $2500 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.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non?prescription drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected; (i) 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; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we provide to you at the time of rental.
6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. In New Jersey, the minimum amounts are regulated by the New Jersey Insurance Code (N.J. Stat. § 39:6A1, et. seq.). Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no?fault, uninsured and under?insured motorist (UM/UIM) coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. New Jersey law generally does not permit rejection of PIP, no?fault or UM/UIM. New Jersey coverage requirements are regulated by the New Jersey Insurance Code (N.J. Stat. § 39:6A1, et. seq.). You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; 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. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
7. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer.You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the period during that 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) fuel, if you return the Vehicle with less fuel than when rented; (e) taxes; (f) tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative fee of up to $50 for each such Toll or Violation; (g) all 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 preand postjudgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a permonth late payment fee not greater than the amount permitted under the laws of the State of New Jersey; (j) $50 if you pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to $____________ if you lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property 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 our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Personal Information. You agree that we may disclose personally identifiable information about you to law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
10. Miscellaneous. No term of this Agreement can be waived or modified except by a 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 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. 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. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
MBA New Jersey PowerSports 120814
PICK UP- You may come to our location and pick up your cart as early as 9 AM.
RETURN-Your cart is due back BEFORE 10 PM. You will be charged $50 for every 30 minutes that it is late. Our staff returns to bring the carts inside. If you are not back before they leave, you will be charged an additional $200.
DELIVERY/PICK UP TIMES- If you have arranged for delivery, times vary and a staff member will contact you the day before or the morning of your rental. We do understand check in/out times so we do our best to accomodate. When we return to pick up the vehicle, it must be ready by 9:30 PM or else you will be charged.
Privacy Policy: We respect and are committed to protecting your privacy. We may collect personally identifiable information when you visit our site. We also automatically receive and record information on our server logs from your browser including your IP address. We will not sell your personally identifiable information to anyone.
Security Policy: Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, including credit card number, name and address, so that it cannot be read over the internet.
Refund Policy: Refunds will be processed if reservation is cancelled up to 5 days before rental period begins.
All rentals can print and sign this before coming to save time
Cape May Low Speed Vehicles, LLC
BINDING RENTAL AGREEMENT for LOW SPEED VEHICLES (Please read carefully before signing and returning.)
In consideration for the rental of the LSV provided by Cape May Low Speed Vehicles, LLC.
I,_____________________________, agree to the following conditions for myself and all of my drivers while the vehicle is in my possession. In the event that I violate any of the following conditions, I agree and understand that further use of the LSV may be revoked immediately and without notice:
______1. I promise to return the LSV to the location provided immediately upon completion of the rental period in as good condition as I received the same, normal wear and tear accepted. Normal wear and tear on the vehicle(s) is to be expected, but abuse or damage to the vehicle(s) will be the Renter’s financial responsibility. If the vehicle was delivered to me, I agree to have the unit back at the same pick up location BEFORE 10 PM on the last day of my rental. I agree to pay a fee if the cart is returned late.
______2 I will operate the LSV safely and responsibly, and I will preserve and protect the LSV from loss or damage to the cart itself, my person or property, and the persons or property of others. I agree and understand failure to comply with the terms of this agreement will result in a forfeiture of my rental fees and deposit. I agree to be legally and financially liable for all costs of repairs to the LSV and for the loss, damage and/or injuries to my person or property and the persons or property of others regardless of fault. I agree to reimburse the LSV owner for such unrecovered costs, including but not limited to deductibles and any uninsured losses.
______3. I agree to hold harmless, defend and indemnify Cape May Low Speed Vehicles, LLC, for any and all damages and claims of any nature whatsoever that may arise from the use of said LSV during the time of the rental period, including but not limited to claims for damages to the LSV itself, my person and property and the persons and property of others.
______4. I agree to become familiar with the operation and use of said LSV, to read the “LOW SPEED VEHICLE INFORMATION SHEET” and any other instructions provided to me regarding the cart, and to operate the LSV in accordance with said instructions and only operate the vehicle on permitted roadways. I Agree to contact Cape May Low Speed Vehicles, LLC, If I have any questions or concerns about operating the LSV or if my guests or I have caused any damage to the LSV or others through the use of the LSV. I agree to be held responsible for charging the vehicle during the rental period and understand there will be no refund for driving the unit until the battery is dead. I understand that if the vehicle is driven until the battery has no life and the unit has to be trailered back to our location, I am responsible for trailering fees. I agree to examine and inspect the safety and mechanical condition of the LSV, reporting any concerns or problems immediately upon driving.
______5. I agree to pay replacement and/or repair cost at retail value in the event that the Cart (Low Speed Vehicle) or equipment is lost, damaged, or stolen during the terms of this Binding Rental Agreement. I agree to reimburse Cape May Low Speed Vehicles, LLC for any lost rent or rentals during the repair of such damage that occurred as a result of negligence during the terms of my contract.
_______6. I agree that only persons who are 18 years or older, possess a valid driver’s license as required by law shall be permitted to drive the LSV. I further agree that the maximum occupancy of the golf cart is four persons, including children or 6 persons for the larger LSV. I agree to keep rented vehicles on roadways or 25 mph and below and not cross either bridge leading out of the town I rented in. I agree that if a minor without a driver’s license is found driving, I forfeit my rental and will not receive a refund. I agree that I will not drive with a child on the lap of any passengers or drivers. I will only drive the rented unit on a roadway and am aware that the rented vehicle is not permitted to be driven on boardwalks or beaches or anywhere that a vehicle is not permitted.
_______7. I agree the privilege of using the LSV can be revoked without notice by Cape May Low Speed Vehicles, LLC, in their sole discretion, for any violation of this agreement. I further agree I shall not be entitled any rental refund or deposit for such revocation.
_______8. I understand that a LSV is subject to the same laws and regulations pertaining to motor vehicles and therefore agree that the LSV will be operated in accordance with the laws of the State of NEW JERSEY and the local laws of CAPE MAY and WEST CAPE MAY or the town the cart has been rented in, including but not limited to the requirement that persons driving the LSV must not be under the influence of alcohol and/or illegal drugs. I further agree that I personally will be responsible for all moving and/or parking violations issued to the vehicle while it is in my possession, or at any time during the rental period. I further agree that I have reviewed and made myself familiar with the Low Speed Vehicles Laws of NJ that are published at http://www.state.nj.us/mvc/Vehicle/LowSpeed.htm.
By my signature below, I certify that I understand and agree to the conditions set forth in the CAPE MAY CARTS, LLC, Binding Rental Agreement for Low Speed Vehicles and LSV Information Sheet. I acknowledge that I have signed these documents voluntarily and freely and that my signature creates a contractual obligation that binds me, my guests and all passengers.
Operators Signature______________________________________________________ Date___________________________
Printed Name____________________________________________________________
I AGREE TO RETURN MY RENTAL BEFORE 10 PM ON THE DATE AGREED UP UPON OR ELSE I UNDERSTAND THAT CAPE MAY LOW SPEED VEHICLES WILL CHARGE ME A MINIMUM OF $50 FOR KEEPING AN EMPLOYEE WAITING FOR ME TO RETURN OR $100 IF MY CART IS CONFISCATED AFTER RETURN TIME.
SIGNATURE _______________________________________________________________________
PLEASE INITIAL ONE-
I DECLINE ADDITIONAL COVERAGE PROVIDED BY MBA POWERSPORTS. _________
I WOULD LIKE ADDITIONAL COVERAGE PROVIDED BY MBA POWERSPORTS AT $42/DAY__________
Power Sports Rental Agreement Terms and Conditions (“Terms & Conditions”)
1. Definitions. "Agreement" means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver and Assumption of Risk, any addenda and any additional materials we provide and that you sign at the time of rental. "You" or "your" means the person identified as the renter on the reverse, any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter's direction. All persons referred to as "you" or "your" are jointly and severally bound by this Agreement. "We," "our" or "us" means the independent business named on elsewhere in this Agreement. "Authorized Driver" means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid operator's license for the type of vehicle rented and is at least ____ years of age. Authorized Drivers are the only persons permitted to operate the Vehicle. "Vehicle" means the motorized “power sport” vehicle (e.g., motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. "Loss of Use" means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a thirdparty estimate obtained by us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time you take possession of the Vehicle until the Vehicle is either returned to or recovered by us and checked in by us.
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 rental office or other location we specify, on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. If you wish to extend the Rental Period, you must return the Vehicle to our rental office for inspection and written amendment by us before the duein date. If the Vehicle is returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business, and Charges will continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels, and return the Vehicle with at least the same amount of fuel as when rented.
4. Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Your responsibility will include: (a) all physical 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 that 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 either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which you agree represents a reasonable estimate of Loss of Use damages and not a penalty; (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; $501750 damage=$100 fee; $7511500 damage=$150 fee; $15012500 damage=$200 fee; over $2500 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.
5. Prohibited Uses. The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or non?prescription drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected; (i) 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; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that we provide to you at the time of rental.
6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. In New Jersey, the minimum amounts are regulated by the New Jersey Insurance Code (N.J. Stat. § 39:6A1, et. seq.). Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no?fault, uninsured and under?insured motorist (UM/UIM) coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. New Jersey law generally does not permit rejection of PIP, no?fault or UM/UIM. New Jersey coverage requirements are regulated by the New Jersey Insurance Code (N.J. Stat. § 39:6A1, et. seq.). You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; 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. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.
7. Charges. You permit us to reserve or set aside against your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of your rental. Your debit/credit card issuer’s rules will apply to your account being credited for the excess, which may not be immediately released by the card issuer.You will pay us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the period during that 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) fuel, if you return the Vehicle with less fuel than when rented; (e) taxes; (f) tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against us or the Vehicle; if we are required to pay the charging authority for Tolls or Violations, you will reimburse the amount that we pay, plus our administrative fee of up to $50 for each such Toll or Violation; (g) all 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 preand postjudgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (i) a permonth late payment fee not greater than the amount permitted under the laws of the State of New Jersey; (j) $50 if you pay us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to $____________ if you lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, you authorize us to correct the Charges with the payment card issuer.
8. Your Property. You release us, our agents and employees from all claims for loss of, or damage to, your personal property 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 our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
9. Personal Information. You agree that we may disclose personally identifiable information about you to law enforcement agencies or to other third parties in connection with our enforcement of our rights under this Agreement and other legitimate business functions. Questions regarding privacy should be directed to the location where you rented the Vehicle.
10. Miscellaneous. No term of this Agreement can be waived or modified except by a 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 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. 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. You release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle.
MBA New Jersey PowerSports 120814
