GOLF CART RENTAL AGREEMENT TERMS AND CONDITIONS (“Terms & Conditions”)

1. Definitions. “Agreement” means all terms and conditions found in these Terms & Conditions, the “Rental Agreement,” the “Rules of the Road, Acknowledgments, Assumption of Risks, and Release,” any addenda, and any additional documents you sign or we provide at the time of rental. “Charges” means the fees and charges incurred under this Agreement. All amounts expressed under this Agreement shall be payable in U.S. Dollars. “Diminished Value” means the actual or perceived loss in market value or resale value which results from a direct or accident loss. Any determination of diminished value shall be made solely at our discretion, to the extent allowed by Florida law. “Including” or “Includes” means “including (or includes), but not limited to,” “including (or includes) without limitation,” and similar constructions. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during the Rental Period, including: use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Motor Vehicle” or “Vehicle” means the golf cart identified on the Rental Agreement and any motor vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents “Rental Period” means the period between the time you take possession of the Vehicle and the time that the Vehicle is either returned to or recovered by us and checked in by us. “You” or “your” means the person identified as the renter in this Agreement, each person signing this Agreement whether electronically or otherwise, each Authorized Driver, and every 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 PassPort Cruisers, LLC.

 

2. Nature of Contract. This is a contract for the rental of the .  You agree that you are not our agent for any purposes, and that you may not assign or transfer your obligations or sublease the Vehicle.

 

3. Authorized Drivers; Acknowledgments. You understand that for purposes of this Agreement, “Authorized Driver” means: (a) the person identified as the “renter” on the Rental Agreement; and (b) each additional driver previously identified as such during the online reservation process. Each Authorized Driver must possess a valid driver’s license and be at least age 21. Authorized Drivers are the only persons who are permitted to operate the Vehicle.

 

4. Inspection; Condition and Return of Vehicle; Repossession; No Warranties. You agree that you are renting the Vehicle “As Is,” and that you had an opportunity to inspect it before leaving the premises. You must return the Vehicle: (a) to our rental office or other location we specify, on the date and time noted in this Agreement (or sooner upon our demand); and (b) in the same condition that you received it, except for ordinary wear.  To extend the Rental Period, you must first obtain our approval by contacting our rental office before the due-in date. To the fullest extent permitted by law, 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.  If the Vehicle is returned after closing hours, you remain responsible for all loss of or damage to the Vehicle until we inspect it upon our next opening for business (regardless of when such loss or damage occurred), and Charges may continue to accrue until that time.  Service to the Vehicle or replacement of parts or accessories during the Rental Period must have our prior written approval.  You must check and maintain all fluid levels.  To the fullest extent permitted by law, we make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle or any optional equipment that we rent to you for use with the Vehicle (“Optional Equipment”) is fit for a particular purpose.

 

5. Fuel. When applicable the golf cart is provided to the Renter with a full tank of fuel at no additional charge. During the rental period, any additional fuel required must be purchased exclusively from us. The use of outside fuel sources is strictly prohibited. Refueling services are available upon request at the rates determined by us at the time of service. Unauthorized refueling may result in additional charges or termination of the rental agreement..

 

6. Responsibility for Damage or Loss. Regardless of fault, you are responsible for all damage to, loss of, or theft of the Vehicle during the Rental Period, including damage caused by collision or upset, weather, road conditions, vandalism, theft, and acts of God.  Your responsibility includes: (a) all damage to the Vehicle measured as follows: (i) if determined that the Vehicle is a total loss, the of the Vehicle, less salvage;(ii) if determined 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 (which, subject to state law and policy terms and conditions, is measured by calculating the actual cash value of the Vehicle just prior to damage less the value of the Vehicle after repair);(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. Loss of Use is payable regardless of fleet utilization; (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; $501-$750 damage=$100 fee; $751-$1500 damage=$150 fee; $1501-$2500 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 are responsible for replacing missing equipment and Vehicle documents and keys. You must report all accidents or incidents of theft and vandalism to us and the police as soon as you discover them. You understand that you will remain primarily responsible and liable to pay us for any loss or damage to the Vehicle incurred during the Rental Period (as provided in this Agreement) to the extent that your insurance company or another source of coverage does not pay us on your behalf. All actual and estimated costs, values and Losses of Use referenced in this paragraph shall be made solely at our discretion, to the extent allowed by Florida law.

7. (a)        Conditions of Use. During the Rental Period:

1. You must park the Vehicle safely. For example, when the Vehicle is not in use.
2. Only the person or persons identified and accepted as Authorized Drivers by us are permitted to drive the Vehicle.

• The primary renter and all other Authorized Drivers agree to give the right of way to faster-moving traffic when this can be done safely and legally.

1. You agree to comply with all laws applicable to your use of the Vehicle, including those regulating operation of the Vehicle on and beach (when applicable) or a public road and other rules of the road. You are responsible for knowing and understanding the laws of each jurisdiction in which you operate the Vehicle.

(b)        Prohibited Uses. The following uses of the Vehicle or actions that you or another driver take (or fail to take) are considered “Prohibited Uses” of the Vehicle.  Prohibited Uses are material breaches of this Agreement and include the following:

1. Use of the Vehicle to:
   1. Transport passengers or cargo for hire;
   2. Push or tow another Vehicle or any other object;
   3. Transport cargo for any unlawful purpose;
   4. Transport more than the maximum number of passengers specified by the manufacturer or applicable law, or to transport passengers who are riding in any position other than seated on a seat designed for passenger use;
   5. Transport cargo in excess of the weight/quantity/volume specified by the manufacturer;
   6. Transport hazardous or dangerous materials;
   7. In furtherance of any illegal purpose or under any circumstance that would constitute a felony or other violation of law (other than a minor traffic violation);

 

1. When it is reasonable to know that further operation would damage the Vehicle; and
2. In connection with a willful, wanton, or reckless act that causes damage to the Vehicle or injures to other persons or their property.

1. Tampering with the Vehicle to increase its maximum speed;

 

1. Operating the Vehicle in excess of the posted speed limit;
2. Use by any person:
   1. Who is not an Authorized Driver;
   2. Who does not have a valid license;
   3. Whose driver’s license is suspended;
   4. Who is under the influence of prescription, non-prescription drugs or alcohol;
   5. Who obtained the Vehicle or extended the Rental Period by giving us false, fraudulent, or misleading information; and

  PROHIBITED USE OF THE VEHICLE VIOLATES THIS AGREEMENT, MAY RESULT IN IMMEDIATE TERMINATION OF THE AGREEMENT, AND VOIDS ALL LIABILITY AND OTHER INSURANCE COVERAGE (TO THE FULLEST EXTENT PERMITTED BY LAW).   

8. Collision Damage Waiver (“CDW”)

 

8. Optional Equipment. We may offer certain Optional Equipment, including Bluetooth speakers, beach equipment, navigational systems, and fishing equipment, upon request and subject to availability for your use during the Rental Period at an additional charge.  All Optional Equipment is rented AS IS and must be returned to us at the end of the Rental Period in the same condition as when rented.  If you rent a navigational system, you should review the operational instructions before leaving the rental location.

 

9. Handling Accidents/Incidents. You are responsible for all damage or loss of the Vehicle as described in Section 6 of this Agreement. In addition, you are responsible for any injuries to third parties or their property arising out of the use of the Vehicle during the Rental Period.  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.

 

10. Indemnification. To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless us, our parents and affiliates, and their respective shareholders, members, directors, officers, and employees (“Indemnified Parties”) from all claims, liability, costs and attorney fees incurred by an Indemnified Party resulting from, in connection with, or arising out of this Agreement, from the rental transaction, or the use of the Vehicle or Optional Equipment by you or any other person.

 

11. . You must pay us or on demand all Charges that you did not pay when you reserved the Vehicle, including: (a) base rental rate for the Rental Period as noted on the Rental Agreement; (b) additional driver fee if applicable; (c) excess mileage fee if applicable; (d) fee(s) for optional products and services you purchased (e) taxes, fees, and surcharges; (f) all expenses we incur locating and recovering the Vehicle if you fail to return it or if we repossess it under the terms of this Agreement; (g) all costs, including pre- and post-judgment attorney fees we incur collecting payment from you or otherwise enforcing or defending our rights under this Agreement; (h) a late payment fee (as permitted by law), on all amounts past due; (i) a return check fee (as permitted by law) if you pay us with a check returned unpaid; (j) (k) a reasonable fee to clean the Vehicle if returned substantially less clean than when rented or if the Vehicle contains evidence of damage from smoking, vaping, or animals; (l) towing, storage charges, forfeitures, court costs, penalties, and all other costs we incur resulting from your use of the Vehicle; (m) a reasonable fee if you lose the keys to the Vehicle; (n) replacement cost of lost or damaged parts and supplies used in Optional Equipment; (o) a fee up to a reasonable fee if a navigational system that you rented in lost, stolen or otherwise rendered unusable during the rental; (p) a surcharge if you return the Vehicle to a location other than the location where you rented the Vehicle or if you return it before or after the date and time due (“Due-In Date”); and (q) rule violation fees described in the “Rules of the Road” provided to you at the time of rental (if applicable).  If you return the Vehicle earlier or later than the Due-In Date, a different or higher rate may apply, which may be substantially higher than the rates for the initially agreed rental period if a special or promotional rate applied to the initially agreed rental period.  You are responsible for all Charges, even if you indicate that someone else will pay. All Charges are subject to a final audit.  If errors are found, you authorize us to correct the Charges with your payment card issuer.

 

12. Reserve; Deposit. You permit us to reserve against your payment card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges, and understand that those funds will not be available for your use until after the Vehicle is returned.  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 after the completion of your rental.  Your payment card issuer’s rules will apply to your account being credited for the excess and it may not be immediately released by your card issuer. 

 

13. Responsibility for Traffic Violations, and Other Charges. You are liable for moving violations, parking citations, photo enforcement fees, fines for toll evasion, and other fines, fees, and penalties (each a “Violation”) assessed against you, us or the Vehicle during the Rental Period. If we are notified by charging authorities that we may be responsible for payment of a Violation, you agree that we or a third-party processor of our choosing (“Processor”) may, in our sole discretion, and without prior notice to you, pay the Violation plus applicable taxes, on your behalf directly to the appropriate authority. We (or the Processor) will charge you the face value of the Violation and any taxes plus an administrative fee as noted on the Rental Agreement for each Violation. If we (or a Processor) elect to pay the Violation, you may not be able to challenge the validity of the Violation before the issuing authority. We (or a Processor) may, in our sole discretion, elect to transfer liability for any Violation assessed against the Vehicle during the Rental Period to you personally in jurisdictions that permit such transfers of liability. If liability is transferred to you, we (or a Processor) will charge you an administrative fee as noted on the Rental Agreement. You authorize us to release your rental information, including personally identifiable information, to a Processor and to government officials and other authorities charged with enforcing Violations. If we or a Processor pay a Violation assessed on the Vehicle during the Rental Period, you authorize us or the Processor, to charge all payments and administrative fees to the payment card you used to pay for this rental, which will appear as a charge on your payment card invoice after conclusion of the rental. You authorize us to contact you directly or to send invoices regarding any tolls, citations, fines, or penalties incurred by you or assessed against us to our Vehicle while the Vehicle was rented by you.

 

14. Personal Information. You agree that we may disclose personally identifiable information about you to third parties in connection with our enforcement of our rights under this Agreement and for other legitimate purposes.
15. Telematics Notice. (a) You acknowledge that the Vehicle may be equipped with global positioning satellite (“GPS”) technology, a telematics system, and/or an event data recorder (collectively, “Telematics Systems”).  Your use of this Vehicle may be remotely monitored by us or on behalf of us through Telematics Systems to the fullest extent permitted by law.  This remote monitoring may include the collection of Vehicle data, such as: location, odometer, oil life, tire pressure, battery state of charge, diagnostic trouble codes, as well as other elements we may deem necessary as permitted by law. Once collected, the Vehicle data may be combined with other information that you have provided to us and used to generate safety, performance, and other similar information so that we can deliver better services. Our use of the information collected from the Vehicle may include sharing the data with third parties (such as our service providers), as well as storage of this information after the expiration of your rental agreement. You agree to inform any and all drivers and passengers of the Vehicle of the terms of this paragraph 14. We are not responsible for the operability of any Telematics System included with the Vehicle.

(b) We also reserve the right to use the Vehicle Telematics System in connection with your smart phone or other device to process the rental, including the start and end time, and mileage (to the fullest extent permitted by law).  

16. Electronic Communications and Consent; Transactional Emails and Texts.

(a) Generally. To the fullest extent permitted by law, we may provide this Agreement and any notices or other communications (including by e-mail) regarding this Agreement, reservations, or rental of Vehicles (“Communications”) to you electronically, and you agree to receive Communications from us in an electronic form. We may deliver Electronic Communications to the email address that you provide to us when entering into this Agreement or otherwise. All Communications in either electronic or paper format will be considered to be in “writing.” All Communications will be considered to have been received no later than five (5) business days after dissemination, whether or not you have received or retrieved the Communications. Although we reserve the right to provide Communications in paper format to you at the postal address you provide to us, you expressly agree that any notice or other Communications due under this Agreement may be given in email form to the email address that you provide to us. Your consent to receive Communications electronically is valid until you revoke your consent. (b) Texting & Calling. By executing this Agreement, you consent to us and/or our representatives contacting you at the phone number(s) provided in connection with this Agreement for the purpose of delivering informational or transactional outreach, including customer surveys, via live, pre-recorded, or autodialed calls or texts. Your consent to receiving these calls or texts is not a condition of this Agreement or any other agreement with us.

17. Personal Property. To the fullest extent permitted by law, You waive all claims all claims against us, our agents and employees for loss of or damage to the personal property of you or another person, which we received, handled, or stored, or which was left or carried in or on the Vehicle or in any service vehicle or in our offices, whether or not the loss of damage was caused by our negligence or was otherwise our responsibility.

 

18. Credit Card Authorization and Chargeback Waiver Clause By signing this Agreement, you authorize us to charge the credit card provided for all rental fees, deposits, additional charges, damages, late returns, fuel charges, cleaning fees, or any other amounts due under this Agreement. This authorization includes any supplemental or incidental charges that may arise before, during, or after the rental period. You agree not to dispute any valid charges made in accordance with this Agreement. In the event of a chargeback or credit card dispute, the you agree that this signed Agreement, along with any supporting documentation (including photographs, inspection reports, GPS data, and communication records), shall serve as conclusive evidence of authorization for the charges. You further agree to be responsible for any fees, costs, or attorney’s fees incurred by the us in recovering disputed amounts that were properly charged under this Agreement. By entering into this Agreement, you knowingly and voluntarily waive any right to initiate a chargeback for charges made in accordance with the terms herein

 

19. Cancel for Any Reason Add-On & Cancellation Policy You may choose to purchase an optional Cancel for Any Reason Add-On at the time of booking. This add-on provides maximum flexibility by allowing you to cancel your reservation for any reason, no questions asked, up to 24 hours prior to the rental start time, and receive a full refund of the rental amount, excluding the cost of the add-on, which is non-refundable. Without the purchase of the Cancel for Any Reason Add-On, all reservations are strictly non-refundable, regardless of the reason for cancellation, including illness, travel delays, weather, or personal emergencies. No refunds will be issued under any circumstances unless this add-on was purchased at the time of booking. No refunds are provided for early returns, no-shows, or unused rental time once the rental period has started. A reservation will be considered a no-show if you have not arrived or made contact within 2 hours of the scheduled pickup or delivery time. Rentals proceed in all weather conditions. In the event of severe weather events (such as hurricanes, tropical storms, or declared state emergencies affecting the service area), we may, at our sole discretion, issue a partial or full refund, reschedule the rental, or apply a credit toward a future rental. Weather-related refunds are not guaranteed and will be evaluated on a case-by-case basis. In the event of any cancellation (with or without refund eligibility), or a no-show, we reserve the right to make the reserved Vehicle available for re-rental without notice and without obligation to hold or reserve the unit for you.

 

19. 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 about the subject matter, and 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.  To the fullest extent permitted by law, you: (a) 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; and (b) release us from all liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. This Agreement is separate from any Acknowledgment, Assumption of Risk and Release, or Parental/Guardian Consent forms executed in connection with this rental. All such forms are incorporated by reference to the extent they pertain to safety, liability, or use of the Vehicle. Unless otherwise provided, any reference to a statute or regulation will be deemed to be a reference to statute or regulation as amended from time to time or to a newly adopted statute or regulation replacing a repealed statute or regulation. This Agreement will be governed by the laws of the State of Florida. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

  20. By making this Reservation, the primary renter and additional renter(s)/driver(s) are attesting that they have read this entire agreement; including but not limited to the Rules of the Road, terms and conditions, warnings, and credit card authorization, and that they understand the agreement and agree to the agreement.