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Terms and Conditions
Puerto Rico eMTB Adventures
PUERTO RICO EMTB ADVENTURES
Bicycle and Electric Assisted Bike Rental
Terms and Conditions
- General: These Terms and Conditions (as indicated in this form, plus the return with the final charges) form a Rental Agreement (“Agreement”). This Agreement is between the E-Bike Renter as identified herein (“The Renter” or “The Rider”) and Puerto Rico eMTB Adventures and covers the rental of the E-Bike equipment (E-Bike”) and the topics described in this agreement. The word “E-Bike” means the two-wheeled electric assisted bicycle provided to the Renter by Puerto Rico eMTB Adventures and helmet, and/or optional equipment.
- Authorized Riders/Prohibition on Passengers: The E-Bike is for the exclusive use of the Renter under this agreement. No other person may ride, drive or otherwise operate the E-Bike except the Renter. The Renter may not carry any passengers on the E-Bike at any time. The Renter must be at least 18 years of age and must be identified via valid Drivers License or Passport. The Renter will provide or authorizes Puerto Rico eMTB Adventures to take a photo of the Id for identification and documentation purposes.
- E-Bike Return: The Renter agrees to return the E-Bike to Puerto Rico eMTB Adventures in the same condition as received, except for ordinary wear and tear (which does not include flat tires), on the due date and time and at the location specified by Puerto Rico eMTB Adventures. The Renter agrees to return the E-Bike sooner if so demanded by Puerto Rico eMTB Adventures. The Renter understands that there may be late fees or special charges if the Renter returns the E-Bike at a different time, date, or location than indicated in this agreement.
- Hours of Operation: Puerto Rico eMTB Adventures hours of operation are from 8:00 AM to 5:00 PM.
- Rental Charges: From the time identified by this agreement until the E-Bike(s) are returned the Renter agrees to pay the rates as indicated on this agreement. The minimum charge is for four hours (240 minutes). The Renter shall pay the applicable Puerto Rico sales, use, rental and excise taxes. The Renter may pay a reasonable fee for cleaning the E-Bike, if the E-Bike is returned in excessive dirt / mud conditions that cause bike to not operate properly.
- Safe Operation of E-Bike, Roadway, Traffic and other Hazards: By signing this agreement, the Renter confirms that the Renter has been advised by Puerto Rico eMTB Adventures and otherwise knows and understands rights of way, traffic regulations and other rules regarding the safe operation of motorized automobiles, bicycles on motorized vehicular public streets and thoroughfares, the Rider knows and understands that there are risks of personal injury and/or property damage which arise with the operation of the bicycle or E-Bike on any public or private street, roadway or thoroughfare. These risks arise from the operation of motor vehicles by others, from man-made hazards (e.g., pedestrian traffic, roadway repairs, street signs, etc.), and from natural hazards (uneven ground, street side trees, sandy areas, rain, standing water, etc). as set forth in Section 10. The Renter agrees to diligently observe and follow rights of way, traffic regulations and applicable rules and shall safely operate the E-Bike so as to avoid or minimize the exposure to such risks and hazards. The Renter assumes the risk of personal injury and/or property damage from all such hazards or dangers.
- Pick Up “Rescue Fees”: In case a rider needs pick up for any reason, this being on a asphalt road or at dirt trails; each Rider / E-Bike will be charged an individual fee, and Pick up time can not be guaranteed.
- Dirt Trails and Mountain Biking: Off road trails are not marked or identified, ride at your own risk and skill level..
- Prohibited use of the E-Bike: The Renter will NOT PERFORM STUNTS, use in a test, race or contest, or in any location that operation would pose a danger or be a nuisance to others. DO NOT RIDE the E-Bike in Sea water, it greatly affects the components , efficiency, and can permanently damages the E-Bike and is strictly prohibited. DO NOT RIDE ON CLAY MUD, particularly “_____________________ & Los Pozos” sectors has a clay type mud that will render your bicycle / eMTB Bike inoperable. Riding on this mud can result in Pick Up Fee and Cleaning Fee.
- Damage to E-Bike: The Renter shall pay Puerto Rico eMTB Adventures for all losses and/or damage to the bicycle / E-Bike, regardless of fault (e.g. the Renter agrees to pay for the loss even though someone else caused the damage or is at fault). The Renter is also responsible for all theft or vandalism losses, even if the theft or vandalism were caused by others and not as the result of the fault of the Renter. If the E-Bike is damaged, the Renter agrees to pay the reasonable costs of repair, any diminution in value, or, if applicable, the cost of replacement. If the E-Bike is damaged beyond reasonable repair (as determined by Puerto Rico eMTB Adventures), the Renter shall be responsible for the retail fair market value less salvage value, if any, which may be applicable. In addition, the Renter shall also be responsible for the reasonable down time (Loss of Use), and reasonable administrative fee as determined by Puerto Rico eMTB Adventures or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, the Renter shall be responsible for paying loss of use at the daily rate for each 24 hours the Renter delays in paying for the replacement cost of the E-Bike. In addition, the Renter is responsible for any loss if the Renter; (1) abuses the E-Bike or violates any prohibited use or operation as specified in this agreement; (2) drives recklessly; (3) drives while under the influence of alcohol or a controlled substance; (4) fails to promptly report an accident to the police and Puerto Rico eMTB Adventures; (5) fails to complete an accident report; or (6) obtains the E-Bike through fraud or misrepresentation.
- Repossessing the E-Bike: Puerto Rico eMTB Adventures may repossess the E-Bikes at any time if the E-Bike is used haphazardly, in violation of law, if it appears abandoned, if used in violation of any term or condition in this agreement; if The Renter made a misrepresentation to Puerto Rico eMTB Adventures, or the Renter fails to return the bicycle / E-Bike when due. Puerto Rico eMTB Adventures is not required to notify the Renter in advance of repossession.
- Valid Payment Method: To be registered to use the Services, the Renter must provide a valid credit or debit card number and expiration date or other valid payment method information. The Renter represents and warrants to Puerto Rico eMTB Adventures that is authorized to use any credit or debit card or other valid payment method information furnished to Puerto Rico eMTB Adventures. By providing a payment method, The Renter agrees that Puerto Rico eMTB Adventures is authorized (through the Technology Services Provider and/or any third party payment providers) to charge for your bicycle / eMTB rental, and optional gear and services selected and any other fees incurred the Renter, including all applicable governmental and regulatory charges and applicable sales and other taxes.
- Credit Reserve and Payment: The Renter understands that the Renter must deposit an amount (to be used against the final bill) equal to the estimated total charge for the bicycle / E-Bike rental at the rates indicated in this agreement. The Renter authorizes Puerto Rico eMTB Adventures to place any amount(s) due from the Renter as a result of the E-Bike rental on to the Renter’s credit card, if that form of payment is utilized. In case of disputes regarding charges or payment method, the Renter must contact Operator within 10 business days from the end of the month with the disputed charge, and provide Puerto Rico eMTB Adventures all information that is necessary to identify the disputed charge.
- Collections: All charges, fees and expenses, including payment for loss or damage to the bicycle / E-Bike, are due upon Puerto Rico eMTB Adventures demand. If the Renter does not pay all charges when due, the Renter agrees to pay a late charge of 1.5% per month on the past due balance. If collection or legal action is necessary, the Renter agrees to pay all Puerto Rico eMTB Adventures collection costs and reasonable attorney’s fees. If any check is not honored by a financial institution, the Renter will be assessed a service charge of $35.00, in addition to the payment of the principal due and any attendant collection costs.
- Fines and Expenses: The Renter is responsible for paying all fines, tickets, fees, assessments, court costs, and recovery expenses for any traffic or other violations, including storage liens and charges, incurred or imposed during the rental of the bicycle / E-Bike and hereby indemnifies and holds harmless the Released Parties from any and all Claims in connection therewith.
- General Provisions: The Renter represents that the information provided by the Renter and contained in this Rental Agreement is true, accurate, and complete. In the event that any information is not true, accurate or complete in any respect, the Renter agrees that Puerto Rico eMTB Adventures has the right to terminate this agreement with or without notice. The Renter agrees that the Renter will be responsible for any unauthorized repairs. The Renter understands that in no event shall the Renter be deemed to be an agent, servant, or employee of Puerto Rico eMTB Adventures in any manner for any purpose whatsoever. This Terms and Conditions agreement shall be governed by and enforced in accordance with the laws of the Commonwealth of Puerto Rico, without reference to its conflicts of law provisions and shall be subject to the jurisdiction of the Commonwealth of Puerto Rico.
- Confidentiality of Information; Privacy Policies: The Renter understands and agrees that all personal information that is held by Puerto Rico eMTB Adventures and that pertains to the Renter, including all names, addresses, phone numbers, email addresses, passwords, payment information, and other information, will be kept by Puerto Rico eMTB Adventures in accordance with our not share privacy policy. Puerto Rico eMTB Adventures has no storage of online invoicing information and all online invoicing is performed by the third party supplier, Bike Rent Manager, see their privacy policy here: https://www.iubenda.com/privacy-policy/88387555.
By selecting the “I agree” button, I am signing this document electronically. I agree that my electronic signature is the legal equivalent of my manual/handwritten signature on this document. By selecting “I agree” using any device, means, or action, I consent to the legally binding terms and conditions of this document. I further agree that my signature on this document is as valid as if I signed the document in writing. I am also confirming that I am authorized to enter into this Agreement. If I am signing this document on behalf of a minor, I represent and warrant that I am the minor’s parent or legal guardian.
Puerto Rico eMTB Adventures asks that all Renters wear a helmet and other safety gear and that, if needed, to seek instruction from Puerto Rico eMTB Adventures staff regarding the safe operation of the rented equipment. Regular helmets are provided free to Renters.
Puerto Rico eMTB Adventures advises all riders that in order to enjoy best the nature trails and fun challenges that are experienced mountain biking to be properly hydrated, to wear proper clothing, eye protection and gloves. A small back pack with water and snacks is advisable. Carry your cell phone at all times.