Policies

NATURE OF THIS AGREEMENT

This agreement is solely for the purpose of creating a bailment that allows you to use the cart as permitted by this agreement. You acknowledge that the cart is owned by the hotel. No one other than the hotel may transfer the cart of any rights or obligations under this agreement. Any attempted transfer of the car by anyone other than the hotel is not valid. Neither you nor any authorized operators are agents of the hotel. No one may service or repair the cart without hotel prior express approval. The Hotel is not responsible for any WARRANTIES, or repair of the cart.

WHO MAY OPERATE THE CART

The “Authorized Operator(s) will be You and the following persons, who must obtain your previous permission to operate the cart: Your Spouse, employer, employees, or fellow employees related to their business duties. Except for valet parking or in an emergency as permitted by law, no other persons are permitted to operate the cart unless they are authorized at the time of rental. All authorized operators must be at least 18 years old and have a valid Driver’s License from a jurisdiction acceptable to the hotel. At the hotel´s discretion, other qualifications may be in effect at the time and place of rental.

YOUR RESPONSIBILITY

You must return the cart to the hotel in the same condition as when you received it and by the due date specified on the rental record or sooner if demanded by the hotel. Under no circumstances you will keep the cart past contract dates, unless authorized in writing by the hotel. If you do not return the cart when required by this agreement, and the hotel sends you a written demand to return to the address indicated on the rental record or otherwise provided to the hotel, the hotel may, at your expense, recover the cart where and when it is found. If the cart is found illegally parked or apparently abandoned, or if the cart is used or obtained as prohibited under paragraph 5 of this agreement, then the hotel may recover the cart without demand. To the extent permitted by law, you will waive any right to a hearing or to receive any notice or legal process, as a pre-condition for the hotel recovering the cart.

RESPONSIBILITIES FOR LOSS OR DAMAGE TO THE CART

If the cart is used as permitted by the terms and conditions of this agreement the following applies:

1. You are responsible for any and all loss or damage to the cart resulting from any cause (for example: collision, rollover, theft or vandalism) regardless of fault other than accidental fire or acts of nature beyond your control. 
2. Your responsibility will not exceed the full value of the cart at the time it is lost or damaged, less its salvage value.
3. You are not responsible for any loss of/or damage to the cart resulting from accidental fire (not resulting from collision) or acts of God beyond your control.

PROHIBITED USE OF THE CART

Any use of the cart as prohibited below will cancel this agreement, will void any limitation of your responsibility indicated on the paragraph 4 and make you fully responsible for hotel actual and consequential damages, cost and attorney’s fees resulting from that cancellation to the extent permitted by law, all liability protection under this agreement you and/or any authorized operator may not:

1. Permit the use of the cart by anyone other than an authorized operator
2. Intentional damage or theft of the cart.
3. Take or attempt to take the cart anywhere outside the units of cart operation as indicated on the map of the hotel and by signs located along the roads within hotel property.
4. Engage in any misconduct, which among other things, may include reckless driving conduct such a: use of an overloaded car, to carry persons or property for him or off-road or on unpaved roads that are not regularly maintained, or leaving the car and failing to remove the keys or lock the padlock and the cart is vandalized or stolen.
5. Use or permit the use of the cart by anyone: 1) under the influence of alcohol or drugs; 2) for any purpose that could properly be charged as a crime such as the illegal transportation of persons, drugs or contraband; 3) to tow or push anything; 4) in a speed test or contest; 5) in driver training activity; or 6) if the car has been obtained from the hotel by fraud or by a non-authorized agent/person.

PAYMENT OF CHARGES

You and any person to whom, with the hotel consent, you expressly direct the charges in any way incurred under this agreement to be billed are jointly and severely responsible for the payment of all charges. You represent that you are authorized to direct charges to be billed to that person. Payment for any charges is due at the completion of the rental. Charges not known to the hotel at the completion of the rental are payable by you, or by the person to whom such charges are to be billed, immediately upon receipt of an invoice therefore. The payment of charges by use of a credit card is governed by the terms of your agreement with the card issuer. IF YOU USE A CREDIT CARD TO PAY FOR CHARGES, YOU AUTHORISE HOTEL TO RESERVE CREDIT WITH THE CARD ISSUER AT THE TIE OF RENTAL IN REASONABLE AMOUNT THAT IS AT LEAST EQUAL TO ALL ESTIMATED CHARGES AND PROCESS AN APPROPRIATE VOUCHER FOR ALL ADDITIONAL CHARGES AT THE COMPLETION OF THE RENTAL.  Hotel may audit all charges. If any errors are found, you will pay the corrected charges. If payment was by credit card you authorize the hotel to correct the charges with the card issuer. Hotel will notify you of any corrections.

CHARGES

1. Charges are posted at the rates specified on the rental record for the day, (including days in excess of any longer specified time period.) THE RENTAL CHARGE IS FOR ONE RENTAL DAY WHICH STARTS AT THE TIME THE CONTRACT IS SIGNED UNTIL THE NEXT DAY AT 2:00 PM.
2. SERVICE CHARGES may be applied if you return the cart to any location other than the location from which it is rented. Additional charges may be applied for other supplementary services you request.
3. TAXES AND REIMBURSEMENT are charged according to applicable laws.
4. RETURN CHARGE consists of all costs of any kind incurred by the hotel to locate the cart either under this agreement, or if it is seized by governmental authorities as a result of its use by you or with your authorization.
5. COLLECTING CHARGE consists of all costs of any kind incurred by collecting charges from you or the person to whom they are billed including, but not limited to, all attorney’s fees and court costs.
6. FINES AND OTHER EXPENSES include, but are not limited to , fines, penalties, attorney’s fees, and court costs assessed against or paid by resulting from the use of the cart by you or with your permission.

RESPONSIBILITY FOR PROPERTY

The hotel is not responsible for any damage to or loss of your or anyone else’s property, regardless of cause except if it results solely from the negligence or intentional acts or omissions of the hotel. This includes, but is not limited to, properly left in the cart in any other, cart or on hotel´s premises. You and any authorized operators release the hotel, its agents and employees from any claim for loss of damage to your or anyone else’s property. If anyone makes a claim against the hotel for any such loss that is claimed to be in any way connected with this rental, you and any authorized operators agree to hold the hotel responsible for such claim.

ACCIDENTS THEFT AND VANDALISM

You must promptly and properly report any accident, theft or vandalism involving the cart to the hotel. If you or any authorized operators receive any papers relating to such an accident those papers must be promptly given to the hotel. You and any authorized operators must cooperate fully with the hotel´s investigation of such incidents and defense of VOID ALL LIABILITY PROTECTION. You and any authorized operator empower the hotel to obtain any records or information relating to any incident, consent to the jurisdiction of the courts of the jurisdiction in which the incident occurred and waive any right to object to such jurisdiction.

LIMITS ON LIABILITY

1. Hotel will not be liable by you or any authorized operators for any indirect, special or consequential damages arising in any way out of any matter covered by this agreement.
2. You understand and agree that it is improper for you to file a lawsuit concerning this agreement against any business entity other than the one with whom you have made this agreement, as identified on the rental record.
   

PARKING AND TRAFFIC VIOLATIONS

1. You will be responsible for paying all parking or traffic violation fines and penalties arising out of the use, possession or operation of the cart by you or with your permission. You agree to pay penalties and indemnify and hold the hotel harmless if the hotel pays or is required to pay penalties. You also agree to reimburse the hotel for all its related collection and other expenses including an administrative fee related to the cost of collection or to the cost of providing information about you to the court or governmental agency in connection with any parking or traffic violations.
2. You and any authorized operator empower hotels to provide any court or government agency with information related to any person who uses the cart during the rental.

WAIVER OR CHANGE OF TERMS

This agreement may not be waived or changed except by a written signature by an expressly authorized representative of the hotel. Rental representatives are not authorized to waive or change any term of this agreement.

MINIMUM AGE PENALTY

As stated in paragraph 2, the minimum age to drive this cart is sixteen (16) years of age. If anyone under the age of sixteen is observed operating the cart, you will be charged US$100.00 which will be posted to your hotel bill and must be settled at the time of check out. In addition, the hotel reserves the right to terminate this rental agreement.