The following terms and conditions apply when you rent a golf cart from CityCarts:
You hereby state that you are legally allowed (with valid driving license if required) to operate 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 the 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 gas 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-rated for early returns. Rental agreements can be canceled 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. (3) No refund of the Delivery fee if the client doesn’t accept the golf cart.
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 $300 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 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 the 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 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 the 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.
Rental Agreement Terms and Conditions
- Definitions. “Agreement” consists of all terms and conditions found on both sides of this form, any addenda and any additional materials we provide at the time of rental. You” or “your” means the person identified as the renter on the contract, any person signing this Agreement, any Authorized Renter 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 Vehicle owner/lessor referred to on Page 1 of this Agreement. “Authorized Renter(s) • means you, the renter’s spouse, any additional renter(s) who have signed this Agreement, and any other driver authorized by the law of the state where the i Vehicle is rented, provided that the person has a valid driver’s license and is at least 22 years of age, unless the law of the state where the Vehicle is rented requires otherwise.”Vehicle” includes the automobile identified in this Agreement and any substitute, and all its tires, tools, accessories, equipment, keys and vehicle documents. “PDW” means Physical Damage Waiver. “Physical damage” means all damage to, or loss of. the Vehicle caused by collision or, upset: it does not include 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 amount calculated by multiplying the number of days/weeks/months from the date of damage to the Vehicle until it is repaired times the periodic rental rate shown on Page 1.
- Our Property. This Agreement is a contract for the rental of the Vehicle. You are not our agent. You acquire no rights other than those expressly stated in this Agreement. WE MAKE NO WARRANTIES, EXPRESS, IMPLIED OR APPARENT, REFERRING TO THE VEHICLE, INCLUDING ANY WAR-RANTY OF MERCHANTABILITY OR THAT THE VEHICLE IS FIT FOR A PARTICULAR PURPOSE. We may repossess the Vehicle at your expense with-out notice to you. if the Vehicle is abandoned or used in violation of law or 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.
- RENTER’S THIRD-PARTY LIABILITY RESPONSIBILITY. I agree that I and/or My insurance company will be responsible for handling, defending. and paying all third-party claims for bodily injury. death, or property damage caused by or arising from the use or operation of the Car in an amount at least sufficient to satisfy applicable responsibility or other insurance laws. I AND ANY ADDITIONAL RENTER(S) INDEMNIFY AND HOLD YOU HARM-LESS FROM AND AGAINST, AND WILL DEFEND YOU AGAINST, ANY AND ALL LOSS, LIABILITY OR DAMAGES WHATSOEVER CAUSED BY OR ARISING OUT OF THE USE OR OPERATION OF THE CAR DURING THE RENTAL. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE ANY THIRD-PARTY LIABILITY PROTECTION COVERING THIS RENTAL EXCEPT AS MAY BE PROVIDED IN OPTIONAL SUPPLEMENTAL LIABILITY INSURANCE (WHERE AVAILABLE). Where You are required by law to provide third-party protection in spite of the terms of this Rental Agreement, it shall be secondary over any coverage provided Me or any Additional Renter(s) under all other policies, and, if so imposed, shall only provide such protection in excess of all other coverage in an amount necessary to satisfy the minimum protection required by applicable law or statute. In the event of an accident, I will provide proof of financial responsibility as required by the state in which the accident occurs. WHERE PERMITTED BY LAW, YOU DO NOT PROVIDE “UNINSURED” OR “UNDERINSURED” MOTORIST OR MOTOR VEHICLE COVERAGE OR SUPPLEMENTARY “NO FAULT” OR OTHER OPTIONAL PROTECTION IN CONNECTION WITH THIS RENTAL AND YOU AND I HEREBY REJECT, TO THE EXTENT PERMITTED BY LAW, INCLUSION OF ANY SUCH PROTECTION.
- Breach of Agreement: Unauthorized Use. If you violate the terms of this Agreement, including those listed in paragraph 3, above, and any unauthorized use of the vehicle, you will be liable for all damage to, including loss of use of the vehicle. Any breach of this agreement also voids any insurance coverage. Giving the vehicle to an unauthorized driver also terminates our liability insurance coverage, if any.
- Condition and Return of Vehicle. Renter must return the vehicle to our rental office at the date and time specified. The vehicle remains subject to the terms and conditions of this agreement until it has been inspected and accepted by us. If renter returns the vehicle after hours, renter is still responsible for any damage to the vehicle until it has been inspected and accepted by us on the next business day, including theft. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You will check and maintain fluid levels and will pay for all damage to the vehicle due to driving with low fluid levels.
- Responsibility for Damage or Loss. If you do not accept and pay for PDW, or if PDW is voided, you are responsible, and will pay us on demand, for all missing equipment, damage to, or loss of, the Vehicle, loss of use of the Vehicle while it is being repaired, diminution of the vehicle’s value caused by damage to it or repair of it, and all administrative costs we incur due to damage to, or loss of, the Vehicle, for which we are entitled by law , to recover, regardless of whether or not you are at fault. If you accept and pay for PDW, and if PDW is not voided, your liability for physical damage will be limited to the amount indicated on Page 1 of this Agreement; you will still be responsible for all missing equipment and damage to, or loss of, the Vehicle, other than physical damage, for which we are entitled by law to recover.
- Insurance. RENTER AGREES TO MAINTAIN AUTOMOBILE INSURANCE during the term of this rental agreement, providing the owner, the renter, and any other person using or operating the rental vehicle with the following primary coverage:
- Bodily injury and property damage liability coverage;
- Personal injury protection, no-fault, or similar coverage where required;
- Uninsured/underinsured coverage where required, and
- Comprehensive and collision damage coverage extending to the rental vehicle. Renter’s insurance will provide at least the minimum limits of coverage required by the financial responsibility laws of the state where the loss occurs. Because the renter is providing automobile insurance, we are not. In states where the law requires us to provide insurance, we will provide excess insurance only, up to the minimum limits required by the financial responsibility laws. The renter’s insurance will be primary. Any insurance we are required to provide applies to claims of bodily injury and property damage only. Our policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. Renter agrees to cooperate with our insurer if any claim is made. Our insurance applies only in the United States and Canada. Renter must obtain written permission, and purchase special liability insurance, to use or operate the rental vehicle in Mexico. Where permitted by law, renter rejects uninsured, underinsured, supplemental, personal injury protection, and no-fault coverage. Where we are required to provide such coverage, renter is afforded the minimum limits required by law. Any breach of this agreement will void any insurance coverage.
- Charges. You will pay us on demand for:
(a) Time and mileage for the period during which you keep the Vehicle, plus our computation of actual mileage if the odometer or its seal is tampered with;
(b) PDW, when we are allowed by law to offer it and you accept it;
(c) Gasoline, if you return the Vehicle with less gasoline than when rented;
(d) Applicable sales, use and other taxes;
(e) Loss of, or damage to, the Vehicle, which, includes the cost of repair or the retail value of the Vehicle based on any valuation method accepted by the auto insurance industry on the date of the loss, if the Vehicle is not repairable, plus loss of use, diminution of the Vehicle’s value caused by damage to it or repair of it, and any administrative fees, where allowed by law;
(f) All fines, penalties, forfeitures, court costs, towing charges and other expenses involving the Vehicle assessed against us during your rental, unless these expenses are our fault;
(g) All expenses we incur in locating and recovering the Vehicle if we elect to repossess the Vehicle under the terms of this Agreement;
(h) All costs, including pre and post-judgment attorney fees, we incur collecting payment due from you or otherwise enforcing our rights under this Agreement;
(i) 11/2 % per month interest, or the maximum amount allowed by the laws of the state where the Vehicle is rented, for monies due us but not paid upon return of the Vehicle; and,
(j) $2/mile for every mile between the renting location and the place where the vehicle is returned or abandoned.
(k) All fee of Toll will be charged to your debit or credit card with an extra $5.00 Fee of Administration
- Deposit. We may use your deposit to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your security authorization
- 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.
- 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 of the due-in date.
- Miscellaneous. No waiver by us of any breach of this Agreement will constitute 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 will not constitute a waiver of any other provision of this Agreement. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us are merged into this Agreement.
- Examination: Under Qath (EUO). Renter, additional renter, and any other drivers or passengers must submit to an examination under oath (EU0) to help with the investigation of any claim or accident at the request of the insurance company.
- Physical Damage Waiver. By entering into this rental agreement you may be liable for damage, loss, or loss of use of the rental vehicle. Where allowed by law, this contract offers, for an additional charge a physical damage waiver (PDW) to cover all or part of your responsibility for damage to the rental vehicle. Before deciding whether to purchase the physical damage waiver, you may wish to determine whether your own automobile insurance or credit card agreement provides you coverage for damage or loss to the rental vehicle and the amount of any deductibles that may apply. Certain exclusions, terms, and limitations may apply and are listed below. The purchase of this physical damage waiver is not mandatory and may be waived. This physical damage waiver is not insurance. If you accept PDW at the time of rental, you must pay for it when you return the Vehicle or when the rental is terminated in order for it to be effective. PDW covers only physical damage unless otherwise required by the laws of the state where the rental occurs.
PDW is void, where allowed by law, if:
- a) You fail to call the police to the scene of an accident.
- b) You fail to report all accidents to us and the police within 24 hours of occurrence or discovery.
- c) You fail to pay all rental charges when the Vehicle is returned or the rental is terminated.
- d) The Vehicle is driven or used in an unauthorized manner, such as:
1) By anyone who is not an authorized driver with or without the renter’s permission, or by anyone whose driving license is suspended in any jurisdiction;
2) By anyone under the influence of drugs or alcohol;
3) By anyone who obtained the Vehicle by fraud or misrepresentation;
4) In furtherance of any illegal purpose or under any circumstance that would constitute a violation of law;
5) To carry persons or property for hire;
6) To push or tow anything;
7) In any race, speed test or contest;
8) To teach anyone to drive;
9) For carrying dangerous items or contraband;
10) Outside the United States or Canada;
11) When loaded beyond its capacity;
12) On unpaved roads;
13) To transport more passengers than the number of seat belts, or to carry persons outside the passenger compartment;
14) To transport children without approved child safety seats as required by law; or
15) When the odometer or its seal has been tampered with; or
5.e) You commit a wanton or reckless act with the vehicle, such as by giving the vehicle to a person not authorized by law or by this agreement.
Addendum to the Rental Agreement
(The terms of this Addendum become part of the Rental Agreement.)
- The primary renter and authorized additional renters agree to confirm that all passengers are SEATED AND SAFELY BELTED in before the vehicle is put into motion. NO STANDING IN THE CART WHEN IN MOTION OR WHEN PARKED.
- The golf cart must not be driven over curbs, off-road, on beaches, bike paths or sidewalks. The primary renter and authorized additional renters understand and agree that the rented golf cart vehicle must be operated adhering to all normal rules of the road.
- The primary renter and authorized additional renters agree to give the right of way to faster-moving traffic when this can be done safely. DRIVE WITHIN THE “CART PATH” WHENEVER ONE IS AVAILABLE.
- The primary renter and authorized additional renters are responsible for maintaining proper weight distribution of their passengers in the cart.
- NO DRINKING OF ALCOHOL and any kind of drugs while operating the golf cart.
- The primary renter and authorized additional renters are prohibited from wearing any kind of headset for a CD player or walkman cassette or radio device while driving the vehicle. Use of cell phone prohibited while operating the Golf cart.
- The primary renter and authorized additional renters agree that no pets shall be permitted in the Golf cart.
- The primary renter or authorized additional renters understand that they are prohibited from traveling on any roadways that are not marked on the map provided for you by the renting location.
- The customer is responsible for maintaining the proper Fuel level so the vehicle can be returned to the renting location.
- The primary renter and authorized additional renters accept the responsibility for any charges to their credit card for the recovery of a vehicle that was not able to return to the renting location because of the following:
- a) Low charge fuel b) Vehicle was impounded c) Any vehicle that required repossession d) Tolls.
- The primary renter assumes responsibility for any unpaid parking tickets in addition to any surcharges that may apply.
- 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 section 812.155, Florida Statutes.