Renter shall defend, indemnify and hold harmless Maui Travel Supplies, all of their agents, officers, servants, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of Maui Travel Supplies or its employees.
Credit and Debit Card Policies: Credit card will be charged in full at time of reservation. Signature on this contract is authorization for credit card charges for items on this contract. If renter fails to return the equipment as agreed, Maui Travel Supplies will obtain additional authorizations from renter’s account to cover the rental charges and/or value of the equipment.
Each electric scooter is provided with one battery and one battery charger. Scooters are fully charged at the time Maui Travel Supplies delivers, the customer is responsible to charge the battery every night. Renter agrees the equipment is the property of Maui Travel Supplies and is in good condition. Renter will return the equipment in the same condition as when received, including key, battery, and charger, if applicable. Charge for lost key: $50.00 Lost charger: $100.00 Lost Battery: $200.00
There will be a charge of $25 for excess cleaning if the equipment is returned in an exceedingly dirty state. Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation or driving of the equipment. Renter is responsible for the equipment and will reimburse Maui Travel Supplies for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the mobility equipment.
If Renter has purchased the Equipment Protection Plan (EPP) cost of damages will be covered. EPP is null and void if Renter is under the influence of drugs or alcohol. EPP does not cover loss or theft. The Renter understands and authorizes that Maui Travel Supplies will charge the credit card used for any repair costs or the replacement costs of the equipment. Renter assumes all costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, operation or driving of the equipment. Renter agrees to pay all costs, expenses, and attorneys fees incurred by Maui Travel Supplies in collecting sums due or in regaining possession of mobility equipment or in enforcing or recovering any damage, losses or claims against Renter. Any individual executing this Agreement as Renter in a representative capacity shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations, expressed or implied, arising hereunder. If any provisions hereof or the application of any provisions to any person or circumstance is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable. Cancellation Policy: Cancellations made prior to 24 hours of rental start date will receive a full refund. Cancellations made within 24 hours of rental start date will not. Early returns require 24 hour advance notice. Refunds may not be issued for those 24 hours. For Meet and Greet Deliveries or Pickups, a $25 charge will be incurred if guest is more than 15 minutes late for the meeting unless rescheduled in advance. continuing with the reservation indicates acceptance of the terms and conditions of this rental agreement and charges made to the renter’s credit card on file, regardless whether a signature is affixed to the contract. Renter understands the cancellation policy and delivery and pickup policies.
THIS EQUIPMENT LEASE AGREEMENT (“LEASE”) is made and effective by confirming the reservation, by and between Maui Travel Supplies, LLC., (“Lessor”) and current user (“Lessee”). Lessee agrees to be bound by this Equipment Lease Agreement and all the Terms and Conditions therein, whether or not Lessee has read them. Lessor may at its sole discretion modify this Equipment Lease Agreement and all the Terms and Conditions therein at any time. By confirming the reservation, Lessee indicates acceptance of the modified Terms and Conditions.
Every effort is made to assure descriptions and prices are correct. Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the following described equipment (“Equipment”): shown in the “Contents” area during checkout.
Lessor cannot guarantee a specific time or date for delivery. Any shipping time given by Lessor is only an estimate. Lessor is not responsible for missing or incorrect delivery information supplied by Lessee.
The term of this lease shall commence at the latter of the date the Shipper shows the first attempted delivery or the first day of the rental period shown on order receipt. The term of this lease shall expire on the expiration of the term of days shown on the order receipt. The Equipment must be returned to the chosen Shipper by noon on the last day of the term of the lease.
Rent and a deposit, if applicable, must be paid in advance, in full.
6. Late Returns
Late returns can be charged a maximum daily rental rate for the Equipment. Any penalties will be charged to the Lessee’s form of payment on file with Lessor. In the event the rental is not returned 7 days after the due date and Lessor has been unable to collect the applicable penalties, the equipment will be considered stolen and the Lessee’s form of payment will be charged the full replacement value of the Equipment. If Lessor is unable to collect penalties or the replacement value of the equipment after 7 days, the Lessee shall be considered to be in Default. Lessor reserves the right to pursue all civil and criminal remedies in the case of unreturned or lost equipment.
Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinance, and regulations in any way relating to the use or possession of the Equipment.
- Cancellation by Lessor
Lessor reserves the right to cancel any order, for any reason, at any time before delivery occurs.
9. Cancellation by Lessee
Lessee may cancel an order at any time, for any reason until the Lessor transfers possession of the Equipment to the Shipper.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor makes no claims to images, video, or sound recordings made by the Lessee while using the Equipment.
11. Damaged or Modified Equipment
Lessee shall keep the Equipment in good working condition. Lessee shall not materially modify or alter the Equipment. In the event of any material modifications, Lessee will be responsible for all reasonable costs of Lessor in restoring the Equipment to its normal condition.
Lessee assumes and shall bear the entire risk of damage to the Equipment from any cause, except damage in the possession of the Shipper, during the term of the Lease.
Unless pre-existing damage is reported to Lessor within 24 hours after Lessee takes possession of the Equipment, it is assumed any damage to the equipment occurred during the term of the Lease.
If there is a dispute between Lessor and Lessee as to whether damage occurred in possession of the Shipper, the equipment shall be inspected by our repair department and or external repair facility. The opinion of our repair department or the oustide service , as to the cause of the damage, shall be binding on the parties.
In the event of damage, Lessor shall choose the repair method and venue, within reason.
If Lessor chooses an external venue for repair, Lessee is responsible for the total cost of repair, if commercially reasonable.
Lessor may elect to repair the Equipment in-house. In these cases, Lessee shall be responsible for Lessor’s reasonable expenses for parts and labor.
Lessee’s form of payment shall be charged the amount of repair expenses owed to Lessor. If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
At Lessor’s discretion, a cleaning fee may be charged if any of the following must be removed from the equipment upon return:
Mud or dirt
Chalk or powder
Any other matter that must be removed from the Equipment before it is placed back in Lessor’s inventory
- Loss of Equipment
Lessee assumes and shall bear the entire risk of loss of the Equipment from any cause during the term of the Lease.
Lost or Stolen Equipment – In the event that the Equipment is reported by Lessee to be lost or stolen during the term of the Lease, Lessee is liable to Lessor for the replacement value of the Equipment.
Lessor shall charge Lessee’s form of payment the amount owed for replacement of the lost or stolen Equipment.
If the Lessee’s form of payment cannot be successfully charged within 24 hours, the Lessee shall be considered to be in Default.
Unreturned Equipment – If the Equipment is not returned within seven days of expiration of the term of the Lease, the Lessee shall be liable for the replacement value of the Equipment.
In the event of default, all amounts owed by Lessee to Lessor are immediately due. In the event of default, Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover the amount owed from Lessee including collection fees and attorney’s fees.
Lessor reserves the right to pursue all available civil and criminal remedies against lessee, including but not limited to: recovering possession of the equipment, obtaining from Lessee’s form of payment any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any civil remedies available. These remedies are not exclusive.
- Damage Waiver Plan
Lessee, may elect, on certain items, to pay an additional sum to Lessor for a limitation of liability for damaged equipment. When purchased, the Equipment Protection Plan (EPP) limits Lessee’s liability in the case of damage on covered equipment.
Damaged equipment must be returned to Lessor at the expiration of the rental period.
On equipment covered by the optional Equipment Protection Plan, Lessee’s maximum liability of damage is the lesser of 25% of the replacement cost of the equipment or the actual cost of repair.
The Damage Waiver plan only limits liability for damage caused by the ordinary negligence of the Lessee and does not cover any of the following types of damage:
Damage caused by exposure to the Sun;
Damage arising from reckless or grossly negligent use of the equipment;
Damage caused by abnormal or abusive use of the equipment;
The Equipment Protection Plan does not cover Loss of equipment , theft and missing Accessories
- Missing Accessories
In the event of any missing accessories (chargers, cases, storage bags, linens), Lessee is fully liable to Lessor for the replacement cost of the missing items.
Lessor does not assume, and the customer indemnifies Lessor against any liability or claims resulting from use or malfunction of the equipment. Lessee assumes all liability that may arise from use or failure of the equipment.
- Delivery Delays & Malfunctioning Equipment
In the case of a delivery delay or malfunctioning Equipment, Lessor’s only liability to Lessee is for the portion of Rent applicable to the time period that the Equipment was nonfunctioning or delayed in transit. Lessor shall not be responsible for any consequential or incidental damages resulting from malfunctions or delivery delays.
The Equipment remains at all times the sole and exclusive property of Lessor. The Lessee has no rights or claims to the Equipment. Lessor does not have or make any claim to images, video, or sound recordings made by the Lessee while using the Equipment.
- Severability and Governing Laws
This represents the entire agreement between Lessor and Lessee. If any portion of this agreement is found unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. The agreement shall be enforced according to the laws of the State of Hawaii. This Agreement is governed by Hawaii law, without regard to its conflict of laws provisions. Venue for any proceeding arising out of or related to this Agreement or the rental of the Equipment lies exclusively in Maui County, Hawaii, and all parties stipulate to the personal jurisdiction of such court and waive any right to remove or transfer the proceeding to any other court or venue.
21. Delivery Address and Order Acceptance
Lessee (renter) is responsible for giving an accurate address for delivery and accurate reservation information for delivery. Lessor will not be responsible for delivery delays due to: a) incomplete address, b) incorrect address, c) lack of rental manager information, d) inability to reach management or lessee, f) property refusing to take delivery, or g) inability to gain access to property or unit based on information from lessee.
I HAVE READ AND AGREE TO THE ABOVE TERMS & CONDITIONS AND ACKNOWLEDGE RECEIPT OF THIS AGREEMENT.