Terms and Conditions

The following terms and conditions apply when you rent an electric golf cart from CityCarts:

You hereby state that you are legally allowed (with valid driving license if required) to operate electric golf carts rented in Florida, USA.

In case of an accident or injury “AULNAY LLC” aka CITYCARTS cannot be held responsible. CITYCARTS does not provide driving lessons. You agree to drive at own risk. Florida Law states that it is required to wear your seat belt when operating a car or a street legal golf cart.

CityCarts are not to leave South Miami Beach or travel outside permitted area and not to cross any bridges. Renters can ride from 1st to 45th Street. If you travel outside this area you will be charged a $60 per cart penalty. Should you run out of battery as a result of traveling outside the authorized area you will be charged an additional $150 per CityCart for pickup and/or roadside assistance. If you take any of the carts onto the Beach you will be charged a $50 per incident and per cart.

You hereby state that you able to operate carts and/or rented equipment.

Cancellation and refunds

  • There are no refunds or pro-rates for early returns.
  • Rental agreements can be cancelled and refunded : (1) in full until 1 week prior to the rental date, (2) 50% refund between 6 and 3 days from the rental date.
  • There are no refunds possible for a rental 2 days prior, the day before or on the day of the rental.

Payments and security

  • We collect payment in full at the time of your booking.
  • We will require a credit card when you pick up the cart in order to place an authorization-only for $500 security. This is an authorization only : you will not be charged this amount. This security transaction may be used to cover damages to the carts or late returns.
  • If the vehicle is not working properly inform us at once. Credit will only be given from the time of call.

Applicable Driving Laws

At all times you shall operate the rented electric cart  in a safe and lawful and non-abusive manner.

You are subject to all Florida Motor Vehicle rules and regulations.

You must notify us of any unpaid parking tickets and other violations, which must be paid immediately upon receipt. A $50 administration fee plus the cost of the ticket applies if failing to do so.


 

You shall be responsible for all damages, loss of rental fees during time of repair for damages. The full replacement value will be charged to you if the CityCart ($11,000) is lost or stolen.

There is no insurance of any kind provided by CITYCARTS . You are responsible for any and all damages caused to yourself and others and/or property including but not limited to damage to the cart and/or equipment being rented.

The valid and collectible liability insurance and personal injury protection insurance of any authorized rental or leasing driver is primary for the limits of liability and personal injury protection coverage required by ss. 324.021 (7) and 627.736, Florida Statutes.

Failure to return rented property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damage to the property or equipment) are prima facie evidence of intent to defraud, punishable in accordance with ss. 812.155.

You acknowledge that the end of the rental period is when the electric golf cart (including keys) is returned to the rental yard and a signed release is obtained. Late fees are calculated at 150% of standard rate unless agreed by prior arrangement. Inspection upon return of the vehicle is not final. Final inspection is done by our mechanic. We reserve the right to charge for damages up-to 5 business days after return of rental vehicle.

You have examined the golf cart and/or leased equipment and find it to be in good condition with no visible damage or defect and agree to return it in the same condition or be charged in accordance with schedule below:

A minimum charge of $100 will be charged for each and every part scratched, broken, requiring repair, touch-up or replacement. Lost or stolen lock $45, front or tail light $175, seat $300, Keys $100. Damage to CityCarts will be assessed on a “case by case” basis. There will be a $150 pick-up charge per cart not returned to the rental yard. Unnecessary call out fee $60. A minimum charge of $350 will be charged for any vehicle towed or impounded and retrieved by us.

You are responsible for the cart(s) as per guaranteed by you.

You understand and agree to the terms and conditions shown on front and back of this agreement and hereby give irrevocable expressed written permission to charge your credit card for any and all Fees and services associated with the rates stated in this agreement.

CityCarts (LEV) Rental Agreement Terms and Conditions and Release of Liability

1. 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 “AULNAY LLC” also referred to as “CityCarts”. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and, is at least 18 years of age unless the age restriction is changed elsewhere in this Agreement. “Vehicle” means the LEV identified in this Agreement and any LEV we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “CDW’ means Collision Damage Waiver. ”Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail, flood or fire. “Loss of use” means the loss of our ability to use the Vehicle for any purpose due to damage to it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired, times the daily rental rate.

2. Rental Indemnity and Warranties.

This is a contract for the rental of the Vehicle. 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. 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.

3. Condition and Return of Vehicle.

You must return the Vehicle to our rental office 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. The Vehicle remains our property and failure to return it on the agreed date may constitute larceny. If the Vehicle is returned after closing hours, you remain responsible for the custody of, and any damage to, the Vehicle until we inspect it upon our next opening for business. 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.

4. Responsibility for Vehicle Damage or Loss Reporting to Police.

You are responsible for all damage to or loss of the Vehicle, including the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.

5. Collision Damage Waiver.

If you purchase CDW, we will waive our right to collect from you for a portion of Physical Damage to the Vehicle. CDW is not insurance. We will not waive this right if damage to the Vehicle:

(a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction;

(b)is caused by anyone under the influence of prescription or non-prescription drugs or alcohol;

(c) is caused by anyone who obtained the Vehicle or extended the rental period by giving us false, fraudulent or misleading information;

(d) occurs while the Vehicle is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation;

(e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the vehicle;

(f) occurs while carrying dangerous or hazardous items or illegal material in or on the Vehicle;

(g) occurs outside the geographic limitations indicated on the reverse;

(h) occurs as a result of driving the Vehicle on unpaved roads;

(i) occurs when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Vehicle;

(j) occurs as a result of your willful, wanton or reckless act;

(k) occurs and you fail to summon the police to any Vehicle accident involving personal injury or property damage.

6. Insurance.

You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. Your insurance is primary to any insurance that we may provide. If we are required by law to provide liability insurance, we will provide a liability insurance policy (the “Policy”) that is excess to any other available and collectible insurance whether primary, excess or contingent. The Policy will provide liability coverage with limits no higher than the minimum financial amounts required by the law of the state whose laws apply to the loss. You and we reject PIP, medical payments, no- fault and uninsured and under-insured motorist coverage, where permitted by law.

7. Charges.

You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time and mileage for the period during that you keep the Vehicle; (b) charges for additional drivers; (c) optional products and services you purchased; {d) applicable sales, use and other taxes (e) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $50 for each such charge; all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle 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 our rights under this Agreement; (h) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (i) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not to exceed $150 to clean the Vehicle if returned substantially less clean than when rented.

8. Security Authorization

You authorize us to use the authorization placed on your credit card at check-in to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your security authorization.

9. Your Property.

You release us, our agents 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 our responsibility.

10. Prohibited Uses.

The acts listed in paragraph 5, above, are prohibited uses of the Vehicle and constitute a breach 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 any of the terms of this Agreement.

11. ASSUMPTION OF RISK.

YOU UNDERSTAND THAT YOU ARE PARTICIPATING IN AN ACTIVITY WITH POSSIBLE RISKS TO YOURSELF AND OTHERS, INCLUDING THE RISKS OF DEATH, SERIOUS BODILY INJURY, AND PROPERTY DAMAGE. YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS YOU MAY HAVE ON THE VEHICLE. YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE VEHICLE SAFETY PROCEDURES. YOU VOLUNTARILY ASSUME A RISK OF ACCIDENT OR DAMAGE TO YOUR PERSON OR PROPERTY WHICH MAY BE INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH YOUR USE, OPERATION OR RENTAL OF THE VEHICLE.

12. RELEASE AND INDEMNIFICATION.

YOU HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE VEHICLE. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, EXPENSES AND COSTS, OF YOURSELF OR OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), WHICH MAY ARISE OUT OF, OR INANY MANNER CONNECTED WITH, OR CAUSED BY YOUR USE OR BY YOUR GUESTS OR AGENTS, OR OPERATION OR RENTAL OF THE VEHICLE. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON YOUR HEIRS, ADMINISTRATORS, EXECUTORS, AND ASSIGNS.

13. Modifications.

No term of this Agreement can be waived or modified except by a 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 of 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.

14. Miscellaneous.

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. You agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Vehicle, shall be determined by the courts of Dade County, Florida, and under the laws of the Florida. 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. In the event that it is necessary for us to retain an attorney to enforce our rights under this agreement, you agree to pay all fees for this legal representation.

THIS RELEASE Of LIABILITY IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES

Please read this document carefully before you sign it. If you do not understand any provision of this Agreement, you should not sign the document until you obtain clarification of the provision you do not understand. You are encouraged to have this document reviewed by your legal representative or by any other adviser you may have before you sign this agreement.

By agreeing to this Release, I certify that I have read this Release and fully understand it and that I am not relying on any statements or representations made by the Released Parties.