Terms of service
I have read the below Rental Contract and acknowledge & accept that I am responsible for any damages, injury or loss.
RENTAL CONTRACT TERMS & CONDITIONS
I, the undersigned participant, hereby acknowledge and agree to the terms and conditions outlined in this Rental Agreement ("Form," or "Agreement") in consideration of being allowed to participate in the activity or event on equipment provided by Sweet Boi Unipessoal LDA, DBA "Porto Scooter Co," and administered by its contracted agents, hereinafter referred to as "agents."
This Rental Agreement (“Agreement”) is made between Sweet Boi Unipessoal LDA, doing business as "Porto Scooter Co," OR its contracted agents, hereinafter referred to as "Agents." Sweet Boi Unipessoal LDA, organized under the laws of Portugal, with offices at Av. de Draveil 149, 3885-407 Esmoriz, Portugal (“Owner”), Renter listed above (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”. Owner and/or Agent(s) rents to Renter and Renter rents from Owner and/or Agent(s), subject to the terms and conditions of this Agreement:
And all its equipment, tools, tires, accessories, keys, and documents provided by Owner and/or Agent(s): “Scooter” or "Vehicle".
1) Term. This Agreement shall commence on the day the Renter takes possession of Scooter and remain in full force and effect until Scooter is returned to Owner. Renter shall return the Scooter to the place of Rental (unless this Agreement is terminated earlier consistent with the terms herein) on or before:
2) Payment. Renter shall pay a fee in accordance with posted rental rates and authorizes Owner and/or its Agent(s) to charge the credit card on file with Owner and/or its Agent(s) an amount equal to all payments and fees due under this Agreement. Renter shall also pay other charges in accordance with this Agreement due upon return of Scooter, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Scooter, loss of use, diminution of the Scooter's value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a 100€ charge per day for late return of the Scooter or the highest amount allowable under law;
e) unless due to the fault of Owner and/or its Agent(s), all fines, penalties, traffic and/or parking violations, court costs, towing charges and other expenses relating to the Scooter assessed against Owner and/or its Agent(s) or the Scooter during the rental Term;
f) all expenses Owner and/or its Agent(s) incurs due to Renter’s failure to return the Scooter including costs in locating and recovering the Scooter;
g) 12% interest, or the maximum amount allowed by law, for monies 14 days past due;
h) all costs incurred to collect unpaid monies due; and
i) twenty-five dollars (25.00€) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
3) Rental, Indemnity, and Warranties. This is a contract for Rental of a Valtinsu CP-1.0 Citycoco Electric Scooter, with associated & provided equipment and accessories. We may repossess the vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of Portuguese National or Local Law, City Ordinances, or this Agreement. You agree to indemnify us, defend us, and hold us harmless from all claims, including our agents, from any and all liability, demands, actions, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We, and our agents, 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. The scooter is designed for speeds of 30kmh on flat and level ground. We, or our agents, inspect each scooter regularly for fitness and suitability for its intended rental purpose. It is the rider's responsibility to inspect and make sure the vehicle is in safe and functional condition before riding.
4) Insurance & Release of Liability. Renter is responsible for all loss or damage Renter causes from Scooter to third-parties, and Renter represents and warrants that Renter has and will maintain all policies of insurance required to operate Scooter under applicable law. Owner and/or its Agent(s) makes no claim to provide insurance other than required under Portuguese Law.
5) Medical Treatment. You agree to indemnify and hold harmless the releasees from any claims, demands, actions, liabilities, or expenses (including attorney's fees) arising from or related to medical expenses incurred from your participation in this agreement or any breach of this form by you.
6) Condition and Return of Scooter. You must return the vehicle to our rental location, our agent's location, or another location we both agree on, on the date and time specified in this Agreement, prior discussed, and in the same condition that you received it in, except for ordinary wear of the scooter's tires, brakes, battery charge level, and moving parts that wear under normal riding conditions. The Condition of Scooter Checklist ("Checklist") has been/will be filled out by Owner and/or its Agent(s) in consultation with Renter and kept on file for reference. Renter acknowledges that Renter has examined the Scooter and that it is in good condition except as otherwise specified in Checklist.
If you wish to extend your Rental Period, you must make sure we, or our agents, have prior knowledge of this agreement by call or text. It's easy to lose track of time while having fun, and we just like to know that everyone is safe and good. If the vehicle is not returned after closing hours at our location, or the location of our agents, you are responsible for its safety and security until it can be returned during open hours the next day.
OWNER MAKES NO WARRANTY, EXPRESS OR IMPLIED, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
7) Responsibility for Vehicle Damage or Loss; Reporting to Police. You are responsible for ALL damage to, loss or theft of the scooter, including damage caused by weather, "Acts of God," or Terrain conditions. Subject to the law in the jurisdiction where the scooter was rented, your responsibility will include: a) all physical damage to the Vehicle measured as follows: (i) if we determine that the vehicle is a total loss, you are financially responsible for its retail value (2100€), plus any additional or unforeseen charges, taxes, or fees we incur for its replacement. This includes any and all equipment or accessories that were provided to you at the time of rental.
If Scooter is not returned on the agreed date, the owner reserves the right to take any action necessary to regain possession of the Scooter, including, but not limited to, pursuing criminal charges and/or pursuing recovery via civil action. Further, if Scooter is not returned due to theft by Renter, Driver, or an unknown party, Renter’s credit card will immediately be charged the full amount of 2100€.
**If we determine that the vehicle is repairable (less than approximately 2100€), your credit card or bank account will be charged according to the cost of repair, plus 10% for administrative time.
Any damages done to the scooter during your possession is your responsibility. You are responsible for any towing, storage, and impound charges and other reasonable incidental and consequential collection fees, and costs whether or not litigation is commenced. You must report all damages, accidents, incidents of theft, and vandalism to us and the police as soon as you discover them, and agree to be both civilly and criminally responsible and hold us, or our agents, harmless for any litigation arising from your use of the vehicle during your rental period.
8) Prohibited Uses. The following uses of the vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used:
-
by anyone who is not an Authorized Rider (On-file & Waiver Signed), or by anyone whose competency to ride is impaired in any way.
-
by anyone under the influence of prescription or non-prescription drugs or alcohol.
-
by anyone who obtained the vehicle or extended the rental period by giving us false, fraudulent, or misleading information.
-
in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than minor traffic violations.
-
while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the vehicle.
-
while carrying dangerous or hazardous items or illegal material in or on the vehicle.
-
Outside of 50km from the place of rental, or limitations indicated elsewhere in this Agreement.
-
if the odometer has been tampered with or disconnected.
-
when the vehicle's condition is compromised, or it is otherwise reasonable to expect you to know that further operation would damage the vehicle or result in injury to you or others.
-
to commit a willful, wanton, or reckless act.
-
by anyone who is sending an electronic message or text, OR using a cell phone while operating the Vehicle.
9) Safety. Renter agrees that Renter’s safety is Renter’s own responsibility. Renter agrees to make sure that Renter knows how to safely operate Scooter and to observe any rules and practices that may be employed to minimize the risk of injury. Renter agrees to stop and seek assistance if Renter does not believe Renter can safely continue and to refrain from any and all actions that would pose a hazard to Renter or others.
10) Termination. This Agreement shall terminate on the date specified in Section 1. The owner reserves the right to terminate this Agreement earlier upon notice to Renter.
11) Knowing and Voluntary Execution. I acknowledge that I have carefully read and fully understand the terms and conditions of this Form. I am aware that I am releasing certain legal rights I may have otherwise and voluntarily enter into this Form without any coercion or undue influence.
12) Governing Law and Severability. This Form shall be governed by and construed in accordance with the laws of Portugal. If any provision of this Form is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
By checking the box marked “I Agree” and signing on the rental form, I acknowledge that I have read, understood, and voluntarily agreed to the terms and conditions outlined in this Rental Contract Terms & Conditions.