Golf Cart Rental Terms & Conditions

Agreement

THIS IS AN AGREEMENT BETWEEN: Hardy Carts & Equipment S de RL de CV herein called “Hardy Carts & Equipment” and the Authorized Renter named in the contract herein called the “Renter”. IT IS HEREBY AGREED THAT Hardy Carts & Equipment rents to the Renter the Golf Cart upon the terms and conditions as follows:

Ownership and Use

The Golf Cart shall remain the sole and exclusive property of Hardy Carts & Equipment and is provided to Renter solely on a rental basis without any option to purchase. The Renter shall have no right or interest therein except as expressly set forth therein. The Renter shall use the Golf Cart only at the specified location in the contract, and shall not move, rent, transfer, assign, sublet, sell, alter, modify, or encumber any item of Golf Cart without Hardy Carts & Equipment prior written consent.

Rental Period, Delivery and Return

All Golf Carts are rented by the day. Rental charges will begin the day the Golf Cart is scheduled for delivery, regardless of the time, to the day it is picked up by Hardy Carts & Equipment. Hardy Carts & Equipment requires rental the Golf Cart to be available for pick up before 11:00 am on the agreed date the rental period expires, otherwise the daily rate will continue to apply and will be billed to the credit card on file. Hardy Carts & Equipment reserves the right to pick up the cart at a time that is of their choosing the day of return. Late returns can be requested and will incur a charge of 50% of the day rate, however it is up to Hardy Carts & Equipment discretion to determine if this is available. If the renter does not have the cart, keys, and charger ready for return, additional fees may apply, including but not limited to extra rental days and lost key fees.

Payment Terms

The Renter authorize Hardy Carts & Equipment to process a charge to the credit card on file for this rental 72 hours prior to the scheduled rental as outlined in the Rental Agreement, and the Renter authorizes Hardy Carts & Equipment to process or submit a charge for any additional charges due upon return of the Golf Cart.

Charges

The Renter will pay to Hardy Carts & Equipment all charges due under this Agreement. Should the Renter incur any parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges or other expenses involving the Golf Cart assessed against Hardy Carts & Equipment or the Golf Cart; if you fail to pay the charging authority for parking violations, you agree to pay Hardy Carts & Equipment for those charges, plus an administrative fee of $100 for each such violation. Should the Golf Cart fail to be returned, the Renter agrees to pay all expenses Hardy Carts & Equipment incurs in locating and recovering the Golf Cart. If Hardy Carts & Equipment elects to repossess the Golf Cart under the terms of this Agreement; all costs, including pre- and post-judgment attorney fees, Hardy Carts & Equipment incur collecting payment from the Renter or otherwise enforcing Hardy Carts & Equipment rights under this Agreement.

Golf Cart Tracking

Hardy Carts & Equipment has the right to monitor the Golf Cart through remote tracking devices and locate, disable and repossess the Golf Cart or otherwise at the Renters cost and without notice if it is being used in violation of the law, illegally parked, apparently abandoned, or is being used in breach of the geographic restrictions of this rental, the payment obligations or other terms of the Rental Agreement.

Responsibility for Golf Cart Damage or Loss; Report to Police

Unless Customer notifies Hardy Carts & Equipment to the contrary within the next day after the receipt of the Golf Cart, it shall be conclusively deemed that the Golf Cart was received by the Renter in good operating condition. The Renter is 100% responsible, both legally and financially for all loss or damage to the Golf Cart, whether it is the Renter’s fault or not, not including damage caused by weather, or acts of god. The Renter is responsible for the cost of repair, or the actual cash retail value of the Golf Cart on the date of the loss if the Golf Cart is not repairable or if Hardy Carts & Equipment elects not to repair it, whether or not the Renter is at fault. The Renter is responsible for theft of the Golf Cart, loss of use, diminished value of the Golf Cart caused by damage to it or repair of it, and a reasonable charge to cover administrative expenses connected with any damage claim, whether the Renter is at fault or not. The Renter must report accidents or incidents of theft and vandalism to Hardy Carts & Equipment and the police as soon as they are discovered and complete an Accident Report. The Renter is required to deliver to Hardy Carts & Equipment a legible copy of any service of process, pleading or notice of any kind relating to a claim or suit in connection with any accident involving the Golf Cart. The Renter shall return the Golf Cart to Hardy Carts & Equipment in the same operating condition it was received, with only normal wear and tear excepted.

Prohibited Uses of Golf Cart

The Golf Cart may not be used:

• By other than an Authorized Renter or Authorized Additional Drivers;
• Driven by those under 18 years of age;
• To push or tow anything;
• In any race or similar type contest;
• For any illegal purposes, or in the commission of a crime that could be charged as a felony;
• While under the influence of alcohol or drugs;
• To carry persons or property for hire;
• By anyone who gives Hardy Carts & Equipment false or misleading information;
• To intentionally cause damage or engage in grossly negligent conduct;
• Outside the geographic driving restriction;
• On other than a paved or graded road or driveway and are not allowed on beaches, bike or pedestrian paths;
• With more than the Golf Cart’s passenger capacity stated on the Rental Agreement and weight limit as stated on the cart.

Prohibited use consequences

Any prohibited use of the Golf Cart violates the Rental Agreement and voids or deprives you of all benefits, protection and optional coverage, if any, to which you would have otherwise been entitled to under this Agreement.

Safekeeping

The renter is responsible for the safekeeping of all Hardy Carts & Equipment Golf Cart. The Renter shall be responsible for:

• a) Ensuring the Golf Cart is kept on-road, and within the community it is delivered to.
• b) Seat belts must be worn at all times.
• c) The cart must not be overloaded past its weight restriction or with excess passengers.
• d) Ensuring the Golf Cart is only driven by the individual renting the Golf Cart or Authorized Drivers.
• e) The insured must know (at all times) the exact location/whereabouts of the Golf Cart.
• f) Removing the keys from the Golf Cart when the Renter is not present to avoid theft.
• g) Ensuring the Golf Cart is properly and safely charged in an appropriate wall outlet.
• h) Full risk for loss or damage to the Golf Cart however caused and whether or not insured, except for the willful or grossly negligent acts or omissions of Hardy Carts & Equipment, its employees, servants, agents or contractors, upon shipment of the Golf Cart from a Hardy Carts & Equipment controlled facility.
• i) Maintaining the Golf Cart in good working order subject to reasonable wear and tear only.
• j) Return Golf Cart in a condition that will allow for redeployment and not excessively dirty.

Access to Golf Cart

Hardy Carts & Equipment shall have the right and the Renter shall permit Hardy Carts & Equipment free access to inspect the Golf Cart upon request.

Acceptance, Limitation of Liability, Disclaimer, Assignment of Warranties

The Renter acknowledges there are inherent risks in operating a Golf Cart and this type of activity. These risks may result in serious injury or death and includes, but is not limited to: collisions with pedestrians, bicycles, motor vehicles and passengers, manmade and natural objects. The renter agrees to inform all passengers of the Golf Cart of the inherent risks of this type of activity and confirm that all passengers understand and accept inherent risks prior to partaking in this activity.

HARDY CARTS & EQUIPMENT SHALL NOT BE LIABLE TO THE RENTER FOR ANY LIABILITY, LOSS, OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED DIRECTLY OR INDIRECTLY BY THE GOLF CART BY ANY INADEQUACY, DEFICIENCY, OR DEFECT THEREIN. The use of the Golf Cart during the rental period is the full responsibility of the Renter, and the Renter has clearly understood and agrees not to hold Hardy Carts & Equipment liable in any shape or form, legal or otherwise, for the misuse of the Golf Cart. The Renter also acknowledges that Hardy Carts & Equipment is not the manufacturer of the Golf Cart and cannot be held responsible for defects in the Golf Cart’s manufacturing. The Renter acknowledges that the Golf Cart does not have many of the Common Safety Devices found on Motor Vehicles and that the lack of such Safety Devices may increase injuries or result in death in the event of an accident. The Renter confirms that they have selected the Golf Cart and each part thereof on the basis of their own judgment and expression.

If any term of condition of this agreement is prohibited or rendered invalid by law of the State to which this agreement is subject, the term or condition shall be severable from this agreement without invalidating the remaining terms and conditions of this agreement.

This agreement shall be governed by and construed according to the laws of the state of Baja California Sur, Mexico.

Modifications

No term of this Agreement can be waived or modified except by a writing that Hardy Carts & Equipment has signed. If the Renter wishes to extend the rental period, you must request this in writing or via phone call, and if accepted, a written amendment will be provided by Hardy Carts & Equipment of the return date.

Miscellaneous

A waiver by Hardy Carts & Equipment 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. 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 Golf Cart. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. If any term of the Rental Agreement is prohibited by law, it shall not affect the remaining terms. Paragraph Headings have no independent meaning.

By signing this agreement, the Renter acknowledges that they have read and agree to the terms and conditions, both printed and written, that occur on this Rental Agreement and any other related documents provided by the Hardy Carts & Equipment S de RL de CV. All the information provided by the Renter to Hardy Carts & Equipment is true.