I* * hereby affirm that I am freely and voluntarily signing this rental agreement, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives, and assigns.
I understand and agree that I will follow all instructions provided in the GOLF CART OPERATING AND CHARGING INSTRUCTIONS, including but not limited to only driving on public or private roads with a posted speed limit of 35mph or less, as well as abstaining from driving on any surface other than public or private roads (i.e., beaches, ponds, lakes, rivers, oceans, hiking and/or off-road trails).
1) If the golf cart key is lost or damaged and a replacement key is required, I will be charged $50. If I need the key delivered to me, I understand to the additional charge of $250. After hours, the charge is $400.00
2) If the golf cart’s charging cord is lost, damaged or stolen, I will be charged $100 . If it is delivered, I understand the fee is $250.00.
3) If the anti-theft locking mechanism is lost, damaged or stolen, including but not limited to the loss of its key, I will be charged an additional $300 replacement fee.
4) I understand that if I adjust the original order delivery and/or pick-up time(s), I may be subject to additional charges and/or delays.
Credit Card Hold:
I understand that a credit card authorization hold of $1000.00 will be put on my account until the golf cart and accessories are returned and deemed to not be damaged by CAPP'S CARTS.
1) I understand that I must provide copies of my current insurance policy that includes but is not limited to: Liability, Collision, and Comprehensive Insurance covering myself and my property as well as all people and property of others.
2) After submission of my rental form and payment, a "Thank You" window will appear. I understand there is a link on this window to MBA Rental Insurance where I MUST purchase their $15 daily rental insurance and receive confirmation PRIOR to leaving the shop with the cart. This policy will require CAPPS Policy Number, Date of Rental and the Last 6 Digits of the vin of the cart that will be rented. (This information and the link are provided by CAPP'S after your rental is confirmed)
I understand that I can cancel my reservation for the golf cart without penalty up to 7 days (ONE WEEK) prior to the beginning of my rental period, cancelations that occur less than one week from the scheduled rental (as well as no shows) are non-refundable. I also understand that once the golf cart is in my possession, a refund will not be issued under any circumstances.
I agree to the following conditions and hereby confirm the statements I make herein are true and correct:
a) I am at least 25 years old and hold a valid Motor Vehicle Driver’s License issued by one of the 50 United States.
b) I have Liability, Collision, and Comprehensive Motor Vehicle Insurance currently in force that is issued in one of the 50 United States.
c) I agree to provide Liability, Collision, and Comprehensive Insurance covering myself and my property, the person and property of others involved, CAPP'S CARTS and the golf cart.
d) I understand the combined weight of passengers and cargo needs to be under 750 lbs. per cart and accept responsibility for paying the cost of repair for any damages incurred due to failure to comply with this weight limit.
e) I understand that the golf cart is a low-speed vehicle (LSV) and may only be operated ONLY on private roadways, paved street legal paths and public streets within Pacific Beach, Mission Beach and Birdrock area of La Jolla where the speed limit is 35 MPH or less. I understand that driving the golf cart on any other surface (for example, beaches, ponds, lakes, rivers, oceans, hiking and/or off-road trails) is not permitted.
f) I understand that LSVs are subject to the same laws and regulations pertaining to Motor Vehicles, with the exception that they may not be operated on any roadway with a posted speed limit above 35 MPH, and therefore agree that the golf cart will be operated in accordance with the laws of the State of California and the local laws of the City and County of San Diego.
g) I understand that it is unlawful and not permitted to have drink alcohol while in or operating the cart. I also understand that open containers of alcohol and driving under the influence of alcohol and/or other drugs is unlawful and not permitted by Capp's Carts.
h) I understand that LSVs are not equipped with many Common Safety Devices, Structural Components or Methods of Construction found on or used in Motor Vehicles and that lack of such Safety Devices, Structural Components and Methods of Construction may increase the risk or extent of injury or the risk of death in the event of an accident.
i) I understand and accept that CAPP'S CARTS makes no warranties express, implied, or apparent regarding the golf cart, no warranty of merchantability, and no warranty that the golf cart is fit for any particular purpose, except operation on private roadways, paved street legal paths and on public streets within Pacific Beach, Mission Beach and the Birdrock area of La Jolla where the posted speed limit is 35 MPH or less.
I acknowledge that I have read and fully understand the GOLF CART OPERATING INSTRUCTIONS AND CHARGING INSTRUCTIONS and agree to follow all INSTRUCTIONS for Charging and Safe Usage.
If for any reason, I have any questions about OPERATING OR CHARGING THE CART I agree to contact CAPP'S CARTS at (858) 789-0887 PRIOR TO PERFORMING SUCH OPERATIONS.
j) I agree to examine and inspect the safety and working condition of the golf cart before each use, and to report any concerns or problems to CAPP'S CARTS at (858) 789-0887 immediately.
k) I agree to return the golf cart in the same condition as received and that I will be held liable for any damage to the golf cart while it is in my possession.
l) I agree to return the golf cart clean and free of sand, dirt, and other debris, and that a $50 cleaning fee will be charged if the cart is returned excessively dirty.
m) I agree to contact CAPP'S CARTS immediately if I am in an accident, in the event of any loss or any damage to the cart, to any personal property or to any injury to any person or animal at 858-789-0887
Day Rental Rules:
I understand that when renting on a DAY RENTAL the cart is required to be back at CAPP'S CARTS no later than 7pm and understand and agree that there is a 1 dollar per minute late charge for every minute past 7pm that I arrive late to CAPP'S CARTS.
Overnight Rental Requirements:
1) I agree to store the rental cart in a secure location. A secured location is considered a closable garage, in a private fenced yard or an off-street driveway*. If it is parked in a driveway, a car must be parked behind it so that the cart is "locked in" and prevented from being rolled away. *Please note, Garage Door heights must be measured prior to renting to confirm the cart you want will fit.
2) When keeping the golf cart overnight I agree to charge the cart completely prior to returning it to CAPP'S CARTS. I understand that if I fail to return the golf cart fully charged, I will be charged an additional day’s rental fee.
3) I understand and accept that the golf cart must be returned between 7am and 8am and will set an appointment with the staff at CAPP'S CARTS THE NIGHT BEFORE. If I fail to bring the cart in by 8am I understand that an extra day rental charge may be charged for the late return or an additional $25 per hour the cart is late, at the sole discretion of CAPP'S CARTS.
4) I understand that if the cart has not been charged and it needs to be towed into Capp's Carts, a fee of one- and one-half days rent will be charged.
VIOLATIONS AND TICKETS:
1) I agree to pay any and all tickets ie-parking and otherwise as well as towing costs that may occur while the golf cart is in my possession.
2) In the event of any violation of this agreement, the privilege of using the golf cart can be revoked without notice by CAPP'S CARTS, and that if that privilege is revoked, I shall not be entitled to any refund for the remaining Rental Period.
I specifically agree and acknowledge that I am legally and financially liable for all repairs to the golf cart and for the loss, damage and/or injuries to my person or property and the person or property of others involved while the golf cart is in my possession.
It is my intention that this RENTAL AGREEMENT shall bind me, my spouse, heirs, legal representatives and assigns, passengers, and anyone else who may make a claim against CAPP'S CARTS as a result of the use of the golf cart during my control and possession of the golf cart.
I understand and agree that this RENTAL AGREEMENT is intended to provide CAPP'S CARTS the maximum protection that the State of California permits and that if any part of the RENTAL AGREEMENT is declared invalid, the remainder shall continue to be in full force and legal effect, and any invalid clause shall be severed therefrom without affecting the validity of the remainder.
By my signature below, I certify that I have read this RENTAL AGREEMENT, fully understand its terms, agree to the conditions set forth herein and understand that I am giving up substantial rights, including the right to sue. I acknowledge that I am signing this RENTAL AGREEMENT freely and voluntarily, and that my signature creates a contractual obligation that binds me, my spouse, my heirs, all legal representatives, and assigns.