ADW-Accidental Damage Waiver
Accidental Damage Waiver is not insurance!
The ACCIDENTAL DAMAGE WAIVER (ADW) is NOT insurance. It provides you limited protection against your liability to Paradise Cart Rentals for physical damage of the rental equipment while in you care. If a Damage Waiver is purchased and you damage the rental unit, you would ONLY be legally responsible for any and all damages up to the full amount of the damage deposit paid to repair the rental unit - instead of the entire out of pocket costs. If you purchase ADW, we will waive our right to collect from you the damage to the Vehicle over the amount of the security deposit. ADW does not cover all instances of damage to the Vehicle (Including theft, tire damage, mechanical damage, vandalism or loss). see paragraph 5 in the Rental Agreement below. ADW is optional and may be declined.
If the ACCIDENTAL DAMAGE WAIVER is NOT purchased you will be legally responsible for the full amount of damage up to the full replacement of the equipment, plus any loss of rental income and can include additional recovery fees and loss of equipment.
Vehicle Rental Agreement Terms and Conditions
Vehicle Rental Agreement Terms and Conditions
- Definitions. “Agreement” means all terms and conditions found in this form. “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 the reverse side of 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 motorcycle driver’s license and, it at least 21 years of age unless the age restriction or driver’s license requirement is changed elsewhere in this Agreement. “Vehicles” means the motorcycle, ATV, golf cart identified in this Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “ADW” means Accidental Damage Waiver.
- Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. We may repossess the Vehicles at your expenses without notice to you, if the Vehicles 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.
- Condition and Return of Vehicle. You must return the Vehicle to the rental location 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. 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.
- Responsibility for Vehicle Damage or Loss; Reporting to Police. Except for ordinary wear, you are responsible for: (a) physical and mechanical damage to the Vehicle resulting from collision or misuse up to the fair market value of the Vehicle as determined in the customary market for the sale of the Vehicle, regardless of the cause of the damage; (b) loss due to theft of the Vehicle up to its fair market value, provided that you failed to exercise ordinary care while in possession of the Vehicle; (c) physical damage to the Vehicle up to its fair market value, as determined in the customary market for the sale of the Vehicle, resulting from vandalism occurring after, or in connection with, theft of the Vehicle, provided that you have responsibility for theft of the Vehicle; (d) physical damage to the Vehicle resulting from vandalism unrelated to a theft of the Vehicle; (e) actual charges for towing, storage and impounds fees paid by us if you are liable for damage or loss; and, (f) and administrative charge that includes the cost of appraisal, and all other costs and expenses incidents to the damage, loss, repair, or replacement of the Vehicle. You must report all accidents, theft and vandalism to the police and us as soon as you discover them.
- Accidental Damage Waiver. If you purchase ADW, we will waive our right to collect from you for damage to the Vehicle up to the security deposit. We will not waive this right if any Authorized Driver provided fraudulent information to us, or if any Authorized Driver provided false information to us and we would not have rented the Vehicle if we had received true information, or if damage to the Vehicle is caused by: (a) your intentional, willful, wanton, or reckless conduct; (b) operation of the Vehicle under the influence of drugs or alcohol in violation of the Costa Rican Vehicle Code; (c) towing or pushing anything; ( e ) use of the Vehicle for commercial hire; (f) use the Vehicle in connection with the conduct that could be properly charged as a felony; (g) a speed test or contest, or driver training activity; (h) operation of the Vehicle by a person other that an Authorized Driver; (i) operation of the Vehicle outside the boundaries that is permitted: or (j) mechanics damage caused by driving the vehicle past its recommended limitations.
- Insurance. You are responsible for all damage or loss you cause to yourself or others. Paradise Cart Rentals does not offer any type of insurance.
- Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) all parking, traffic and toll fines, penalties, citations, forfeitures, court costs, towing, storage and impounds charges and others expenses involving the Vehicle assessed against us to the Vehicles, unless these expenses are our fault; (b) $50, plus $1 per mile for every mile between the renting location and the place where the Vehicle is returned, repossessed or abandoned, plus any additional recovery expenses we incur; (c) all costs, including pre-and post-judgment attorney fees, we incur collecting payments from you or otherwise enforcing our rights under this Agreement.
- Deposit. We may use your deposit to pay any amount owed to us under this Agreement, including any damage, gas usage or any toher expenses related to the rental.
- Your Property. You release us, our agent 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 any service vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise or responsibility.
- Breach of Agreement. The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and breaches 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.
- Modifications. No terms of this Agreement can be waived or modified except by writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us 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.
- Protective Gear. You understand you must wear helmets, sashes and protective riding gear at all times while using or operating the Vehicle. Our insurance does not cover injury to you. You will operate the Vehicle with reasonable precaution for the safety of yourself, others, the equipment and the environment and will at all times comply with applicable Costa Rican motor vehicle laws and regulations. It is your responsibility to ensure that the Vehicle can legally be operated in the areas where you use the Vehicle.
- Miscellaneous. A waiver by us 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.
- Lawsuit. In the event that I file a lawsuit against the authorized driver, I agree to do so solely in the country of Costa Rica, and I further agree that the substantive law of Costa Rica shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is to be found void or unenforceable, the remaining document shall remain in full force and effect.