NEW WAVE GOLF CART RENTAL AGREEMENT
TERMS OF AGREEMENT:
1. Lessee acknowledges receipt of the rented golf cart which was examined by Lessee and found to be in first-class condition upon receipt. Lessee further acknowledges that the golf cart is owned by New Wave Vacation Rentals LLC (Lessor) of Port Aransas, Texas. The Lessee agrees to use the golf cart for the use and purpose for which it was manufactured subject, however, to the terms and conditions set forth herein.
2. Lessee shall return the golf cart to the place of initial rental no later than the date and time specified in the contract. (LESSEE SHALL CONTACT LESSOR BEFORE SAID TIME IF AN EXTENSION IS DESIRED, which is not guaranteed) or upon Lessor’s demand therefore. The golf cart shall be returned in the same condition as when received. If golf carts were delivered to the house, please leave them at the house, with the key left on the kitchen counter. This includes the amount of fuel in the cart. The cart will be provided with a full tank of gas and must be returned with a full tank of gas. If a cart is not returned with a full tank of gas service charge of $25 and fuel charges of $15 will apply to fill the cart back to its original fuel level. An electric cart must also be returned with a charge of over 75% or a $40 fee will be assessed.
3. Lessee shall pay to Lessor in full upon the execution of the rental contract for the golf cart at the rate specified for the period specified. In the event the golf cart is not returned on a timely basis, daily rates will apply unless other arrangements are made with the Lessor in advance. Daily rates will apply if the golf cart is kept after the scheduled return date and time. All days, including weekends and holidays are chargeable.
4. Lessee is responsible for all damages to the golf cart during the rental period and shall reimburse Lessor upon demand for the loss of, or any damage to equipment or property damage while it is rented to Lessee and for all costs and expenses, including attorney’s fees, incurred by Lessor in collecting any amounts owing the lessee hereunder or in otherwise enforcing Lessor’s rights hereunder. Any security deposit can be utilized by the Lessor for assessed damages. Lessee will also be responsible for daily rental charges for the time the golf cart is out of service and not available for rental.
5. Lessee shall indemnify and hold Lessor harmless from and against any and all liability, including bodily injury and property damage arising out of the use or operation of the golf cart by Lessee or anyone using or operating same with Lessee’s express or implied consent; provided however, that Lessor shall be responsible for loss or damage resulting from Lessors sole negligence.
6. Lessee shall abide by all rules and regulations of Lessor governing the use of the golf cart.
7. Lessee shall not assign this Rental Contract or sublease the golf cart.
8. Lessee will allow Lessor to make a photocopy of the driver’s license and insurance card of the person(s) renting and other authorized driver(s) of the golf cart.
9. There are no refunds for early returns.
10. The golf cart is the responsibility of the Lessee until the property has been checked in and received by New Wave Vacation Rentals.
11. A charge of $75 will be assessed to the payment on file if the extension cord and charging unit is not returned with the electric carts.
12. A fee of $150 will be assessed to the payment card on file if swapping the golf cart is necessary due to renter negligence (Ex: the cart dies on the beach(or anywhere else) due to renter not charging or fueling the cart appropriately).
13. A lost key fee of $25 for gas and $40 for electric keys will be charged.
GOLF CART RULES
1. Lessee must be a minimum of 21 years of age and have a valid driver’s license and insurance coverage. The driver and every occupant of a golf cart must remain seated in a seat designed to hold passengers, while the golf cart or NEV is in motion. No person may ride in the lap of the driver or any other occupant.
2. Operator(s) of the golf cart must be at least 16 years of age and have in their possession a valid unrestricted driver’s license. Golf cart privileges are forfeited if underage driver(s) is caught driving the cart.
3. Pedestrians, pedal karts, and bikes always have the right of way. Golf carts and NEVs must also move to the right and yield the right-of-way to faster moving vehicles.
4. Lessee is responsible for all actions of all passengers and persons operating the cart with their express or implied permission.
5. Under no circumstances may the operator be under the influence of any intoxicating substance (i.e. drugs, alcohol, etc.). Doing so will result in revocation of the person’s renting and operating privileges for the rest of their visit.
6. Golf carts operated after sunset must have their lights turned on.
7. Golf carts must be operated properly. All City and State laws apply while operating the golf cart. This includes driving on the beach which is considered a public street. Golf carts and NEVs may not be operated upon any public sidewalk, pedestrian walkway, playground, a public park, school ground, or other public recreational areas, not designated for motor vehicle traffic.
8. Do not drive golf carts on Highway 361, nor on any sidewalk next to Hw 361. Carts are allowed in town and on the beach but not south of the intersection of Avenue G. There are only 5 legal perpendicular crossings on Hwy 361. There is NO legal crossing to Pirate's Bay or Paradise Point. Golf carts may only be operated upon a public street or highway with a speed limit of not more than thirty-five (35) MPH unless otherwise restricted. A golf cart may cross a street or highway with a speed limit of more than thirty-five (35) MPH if said crossing occurs at an intersection and said crossing is perpendicular to the street or highway with a posted speed limit of more than thirty-five (35) MPH.
9. Do not drive golf carts in the water. If the golf cart shows signs of being driven in the water the Lessee agrees to pay for all damages.
10. Do not drive golf carts recklessly or under the influence of any substance
11. Golf carts must be returned at the designated time set forth in the contract. Late returned carts will be charged an additional day’s rental rate.
12. Please report any malfunction to management immediately.
13. Violating the following rules will be cause for immediate loss of cart privileges, payments and deposits.
14. New Wave is NOT responsible for any tickets or violations received while renting the golf cart.
New Wave Vacation Rentals allows for a full refund if you cancel 7 days prior to your reservation start date. Cancellations requested after the 7th day and before 2nd day from your rental start date will be charged a $100.00 cancellation fee. Refunds will be executed in the same form that payment was received. Cancellations within 24 hours of your reservation date will be charged at full price including service fees. Customers will also receive a full refund in the case that New Wave Vacation Rentals has to cancel the reservation due to weather or unforeseen circumstances. If you do not show up to your rental within 3 hours of your scheduled time, you will forfeit your entire reservation. If we are able to re-rent the cart during your time, we will be able to offer a refund of 50% of the time rented.
WAIVER AND ASSUMPTION OF RISK RELEASE
The Lessee hereby voluntarily grants this waiver and assumption in favor of New Wave Vacation Rentals LLC. Lessee hereby waives and releases any and all claims of negligence or strict liability arising out of my use or misuse from the golf cart provided by New Wave Vacation Rental LLC.
Lessee fully understands, recognizes and acknowledges that driving a golf cart can be a hazardous activity with inherent risks and dangers such as the possibility of injury or death to the user or others and accepts this liability. Lessee agrees to use the golf cart per the manufacturer's intention and to adhere to all safety instructions. Lessee agrees that they are a competent adult with the ability to agree to this waiver and assumption of risk release at their own free will.