Terms and Conditions
Yellow Scooters Rental Agreement booking terms and conditions.
1 DEFINITIONS AND GENERAL PRINCIPLES
“You” are the customer (main user) who agree to the terms of the rental agreement and who is entitled to use the scooter/equipment.
“Yellow Scooters” is the name/DBA of mobility rental company in the rental agreement.
“Scooter/equipment” is the item that Yellow Scooters is renting to you for the agreed duration of the rental agreement and will include all parts and accessories fitted to it at the commencement of the rental.
“Damage” is any damage occurring to the Scooter/equipment (including, lights, seats, upholstery and any attached accessories).
“Third party” any property, person or organization other than Yellow Scooters or subsidiary or franchisee named in the rental agreement. .
"ADW insurance" is Accidental Damage Waiver insurance.
"scooter/equipment " are any and all items listed on your rental order/invoice you have rented from Yellow Scooters.
2 PREREQUISITES: WHAT DO YOU NEED IN ORDER TO RENT A SCOOTER OR WHEELCHAIR?
You must hold and be able produce when requested by Yellow Scooters a valid ID before the rental takes place. The ID must have been issued by authorized authorities. When the rental booking is made from outside the USA you must also be able to produce when requested a valid identity card or a valid passport issued by the country of your residence. You must be aged 21 or over to rent our mobility equipment. You must produce a valid credit card with an expiry date after the rental end date. No scooters or equipment can be rented against cash or check payment unless such payment exceeds the retail value of the scooter or equipment to be rented.
3 EQUIPMENT/SCOOTER: CONDITION, USE, BREAKDOWN ASSISTANCE AND MAINTENANCE/MECHANICAL PROBLEMS
3.1 Condition of the scooter/equipment.
Before leaving the rental location, you are required to check the condition of the equipment. Where an apparent defect is found which is not already noted, you must immediately inform Yellow Scooters before proceeding with your rental of the equipment. In such a case, amendments will be made to your rental account at our office and duly noted by both parties. If a defect is not noted and agreed prior to proceeding with your rental the condition of the scooter/equipment will be agreed as being in good order and it will be considered that you received the scooter/equipment in good order and proper working condition. You will return the scooter/equipment in the same condition as it was provided at the start of the rental as agreed. You are responsible for any repair or refurbishment costs and these costs will be added to the cost of the rental and you agree that these costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
3.2 Use of the scooter/equipment.
The scooter/equipment must not be operated by anyone other than you or a member of your party over the age of 18. Anyone under the age of 18 will require written the permission from Yellow Scooters, text or email is acceptable. If you wish to take the scooter/equipment outside the State of Florida you must obtain Yellow Scooters prior consent. You must take care of the scooter/equipment, keep it in good repair and condition, reimburse Yellow Scooters for any damage to the scooter/equipment, and pay for any costs incurred. You are liable for all fees, taxes, fines and penalties incurred in connection with the use of the scooter/equipment and for which Yellow Scooters is charged, unless they have arisen through the fault of Yellow Scooters. During the rental period you must carry out the usual checks as would any careful user and you must take good care and respect the rented scooter/equipment. When leaving the scooter/equipment unattended even for a short period, you undertake to secure it in a safe and proper manner. You must use the scooter/equipment in a responsible manner and in particular, only for the purposes for which it is intended.
For a scooter, this means primarily carrying one person and their personal items and not overloading or carrying children. In particular, you must not use the scooter/equipment under any of the following conditions or for any of the following purposes:
- operating the scooter or equipment under the influence of alcohol, drugs or any other type of narcotic substances,
- carrying anything which, because of its smell or condition, harms the Vehicle or causes Yellow Scooters to lose time or money before it can rent the scooter/equipment again,
- transportation of animals (with the exception of assistance animals),
- re-rental to or use by other persons,
- carrying passengers
- pushing or towing another vehicle.
- traveling on a surface of which could put the scooter/wheelchairs wheels, tires or its under body mechanics at risk,
- intentionally committing any offence.
- none of the goods and baggage carried in or on the scooter/wheelchair, including their packing and stowage equipment, will be permitted to damage the scooter/wheelchair, nor put the occupants abnormally at risk,
- in any way which breaks the highway Code, road traffic laws or any other laws.
3.3 Maintenance / Mechanical Problems
You must stop the scooter if the instrument panel warning light which is intended to indicate the existence of a mechanical problem flashes, or if you become aware of anything else which may indicate the presence of a mechanical problem with the scooter/equipment.
When the rental starts, the scooter/equipment will be fit for normal use. If it is not, or if it becomes unfit for normal use during the rental because of mechanical breakdown or accident, you must inform Yellow Scooters immediately. Yellow Scooters will have the choice between replacing the scooter/equipment and repairing the scooter/equipment on site. Any fees and expenses of any repair undertaken without the order of Yellow Scooters will not be reimbursed to you. You must inform Yellow Scooters, or one of its agents, of all accidents, damage to or breakdowns of the scooter/equipment. In any case, neither Yellow Scooters nor its directors, officers or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings…) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort. Optional damage waiver insurance is available an additional fee per 24 hour rental period or part thereof; this will cover accidental damage to the scooter/equipment only. No third party insurance is available, given or implied. If you have taken out this insurance the scooter/equipment is insured for the period mentioned on the rental agreement. Theft cover is not available or implied and you will be liable for replacement. You agree that additional costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
3.4 Breakdown Assistance
For the length of the rental, as agreed with Yellow Scooters, you have the benefit, at no extra cost, of a Breakdown and Assistance Service. If required, this service can be contacted by calling the telephone number indicated on the rental agreement or on the scooter/equipment or on the key fob. In order to benefit from this cover, you must make contact with Yellow Scooters immediately after the occurrence of the incident. If you do not contact Yellow Scooters and if you initiate steps or make any disbursements without the prior consent of Yellow Scooters, you will not be able to claim for reimbursement of the expenses.
You agree to waiting period of up to two hours for our technician to attend your breakdown. This waiting time will vary subject to prevailing traffic conditions and distances that our technicians will need to travel to attend your location to enact a repair or exchange of your rented equipment. If you refuse this service for any reason Yellow Scooters will not be held liable for any loss you incur or to refund your rental fees as you will have chosen to refuse service and taken over the control of the situation.
4 RENTAL PERIOD.
4.1 Principle and Calculation.
You undertake to return the scooter/equipment to Yellow Scooters at the agreed place, on the date and at the time indicated on the rental agreement. The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the scooter/equipment is made available. However, a 30 minute grace period is applied at the end of the rental before the start of a new 24-Hour rental period begins. If you return the scooter/equipment to any other location other than the agreed location, repatriation costs will be charged to you. This includes abandonment for any reason at any location without prior authorization from Yellow Scooters. You agree that these costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
4.2 Extension of the Original Duration of the Rental
Should you wish to keep the scooter/equipment for a period longer than that originally set out in the rental agreement, you must first contact Yellow Scooters at least 24 hours prior to the end of your rental agreement in order to extend the duration of the rental. Unless otherwise agreed in writing by Yellow Scooters, once this period is passed, the contracting party remains liable for additional rental on a single day rate until returned you remain liable for any damages to Yellow Scooters. You agree that these costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization. PLEASE NOTE WE DO NOT REFUND IF YOU RETURN YOUR EQUIPMENT EARLY OR FOR ANY UN USED DAYS.
4.3 Delivery and Collection Terms
Yellow Scooters agrees to deliver and collect the scooter/equipment but you may have to pay additional charges and follow additional instructions. You must check at the time of reservation. You must return the scooter/equipment immediately if Yellow Scooters asks you to do so. In the event that the scooter/equipment is not delivered to Yellow Scooters upon request you hereby authorize Yellow Scooters to enter your premises and to do any and all other things necessary to repossess the scooter/equipment. You will be liable for any costs associated with such repossession. Yellow Scooters may repossess any scooter/equipment without notice or liability where Yellow Scooters deems that such repossession is necessary for its own protection. You agree that any additional costs incurred will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
4.4 End of Rental
The end of the rental is defined by the return of the scooter/equipment and any keys and accessories to the Yellow Scooters pick up location as agreed in the rental agreement. If the scooter/equipment is returned without its key or accessories you will be charged for the cost of the replacement. Under no circumstances will Yellow Scooters accept any liability for articles that may have been left with the scooter/equipment at the end of the rental. You agree that these costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
5 RATES / TERMS OF PAYMENT
The total charges for each rental will be determined according to the price list applicable at the time of rental and full rental price will be charged at the time of booking.
5.2 Terms of Payment
When payment is made by means of a credit card, an authorization will be requested prior to the start of the rental. This authorization will be in place throughout the rental period to cover any damage or loss of the scooter/equipment.
At the time of booking the scooter/equipment the invoiced amount will be charged to the credit/debit card provided. Booking and paying infers your agreement to Yellow Scooters rental agreement as set before you.
The tariffs applicable to the rental of additional services, items and optional ADW insurance are those which are in force on the date of issue of the rental agreement, and correspond to the characteristics you originally indicated at the time of reservation (equipment type, rental, duration, price, return location…). Any modification in the characteristics will entail the use of an appropriate alternative tariff. You agree that any additional costs/charges will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization
6 You will be liable for any damages to Yellow Scooters when renting a scooter or equipment that has been entrusted to you.
Therefore, in the event of theft of the scooter or equipment or damages caused to it, you must fully indemnify Yellow Scooters (the indemnification will include the amounts corresponding to the repair costs, resale value of the scooter or equipment, loss of use, administration charges…). The amount will not exceed the market value of the rented scooter or equipment at the time of the event. This liability may be reduced if you opted for the accidental damage waiver insurance.
Therefore, at the end of the Rental, IN THE EVENT OF DAMAGE OR THEFT, YOU WILL BE DEBITED THE FULL AMOUNT FROM THE CREDIT/DEBIT CARD USED AT THE TIME OF BOOKING. If this is not possible the full amount will be billed to you for immediate payment.
You are advised that any insurance you may have chosen will be invalidated if you fail to take reasonable measures for the safety of the scooter/equipment, its parts or accessories, or fail to comply with all restrictions on the use of the scooter/equipment or otherwise abuse or misuse it.
You will not be exempt from liability towards Yellow Scooters in the case of breach of contract. Therefore, you will be responsible for any financial loss Yellow Scooters suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts Yellow Scooters spends in enforcing these terms.
THEREFORE IN ANY CASE, NEITHER YELLOWS SCOOTERS NOR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS NOR FOR ANY ACTIONS, LAW SUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE RENTAL OR THE USE OF ANY SCOOTER OR EQUIPMENT WHETHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD YELLOWS SCOOTERS HARMLESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE RENTAL AND/OR THE USE OF THE SCOOTER OR EQUIPMENT. If the loss suffered by Yellow Scooters is subsequently reduced (recovery of the scooter or equipment within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.
It is agreed that without exception Any legal disputes will be adjudicated under Florida State law in a Central Florida court.
Both at check-out and check-in Yellow Scooters together with you will record all visible damage to the scooter/equipment which you hereby acknowledge. Existing damage will be noted. At the end of the rental the identification of any new damage must be added to your rental account. Any new damage will be immediately noted by Yellow Scooters. This damage will be charged to you unless appropriate ADW insurance cover was purchased by you at the commencement of the rental period.
Any and all repair costs will be directly billed to you by Yellow Scooters and will include the cost of the damage repair as well as administration charges, immobilization costs, spare parts and labor costs. The above-mentioned invoiced repair costs are payable under the same conditions as for the payment of the rental agreement and you agree that these costs will be charged to your credit/debit card lodged with Yellow Scooters requiring no additional authorization.
Yellow Scooters strongly recommends that you take out the optional ADW insurance available at the time of booking.
You can cancel your booking at any time up to 24 hours before your rental is due to start and receive a refund minus a $25 administration charge to cover our administration expenses incurred. These include credit card fees that we pay when we charge your card and again when we make a refund. Bookings canceled within 24 hours of the rental start date Yellow Scooters will refund minus one days rental fee. Rentals canceled after your scooter/equipment is delivered or is out for delivery will not be refunded in any part whatsoever. In the event of a cancellation by either party due to a declared state or national emergency, natural disaster, theme park closure, war, civil unrest or recession Yellow Scooters will without exception issue a credit on your account to be used within 12 months from date of issue.
8 DATA PROTECTION LAW
Please note that in the course of the performance of the booking as well as the rental process, Yellow Scooters collects some personal data. It is mandatory to provide all the information requested; in the absence of such information Yellow Scooters will not be able to correctly ensure the booking and/or the rental.
Lifting and/or loading scooters/equipment
Caution is advised when lifting or loading any of our equipment to include but not restricted to loading in and out of vehicles. This includes items such as batteries and scooter parts which are also heavy. Anyone attempting to lift any of our equipment should at all times adopt correct lifting practices to prevent injury, loss or damage. HCC LLC, DBA Yellow Scooters.com cannot accept and responsibility for injury, loss or damage caused by the incorrect lifting or loading of any of our equipment. We advise that at all times you have someone to assist you when lifting or loading our equipment and you do not attempt any lifting or loading if you are unsure you are fully able to do so.