Holiday Mobility Scooters Menorca equipment rental contract / Contrato de Arrendamiento
Holiday Mobility Scooters Menorca Equipment Rental Terms and Conditions/ Condiciones de Arrendamiento

This Equipment Rental Agreement (“Agreement”) is effective as of the date of last signature (“Effective Date”), and is made between Mobility Scooters Menorca], a Private company organized under the laws of Menorca, Spain, with offices at Aptos Dorada 4, Urb. Calas Coves, 07730 Alaior] (“Owner”), Customer (“Renter”). Owner and Renter are hereinafter collectively referred to as “Parties”.

Owner rents to Renter and Renter rents from Owner, subject to the terms and conditions of this Agreement:
(“Mobility Equipment”)
1. Term. This Agreement shall commence on the Effective Date and remain in full force and effect until Equipment is collected by the Owner. Renter provide the equipment for return on the date determined on the reservation, unless terminated earlier consistent with the terms herein.
2. Payment/Pago/Betaling/Zahlung. Renter shall pay the following:

According to the prices confirmed in the booking confirmation and authorize payment in cash or authorize Owner to charge the debit card or credit card on file with Owner 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 Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’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;
c) a full day charge per day for late return of the Equipment or the highest amount allowable under law;
d) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
e) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
f) all costs incurred to collect unpaid monies due;

3. Late Payment. If Renter fails to make payment won the due date, Renter shall pay a surcharge of €5 per day for late payments.
4. Location of Equipment. During the Term, Equipment shall be located at the address provided on the reservation, unless expressly agreed otherwise in writing by Owner.
6. Care of Equipment. Equipment can only be used in a careful and proper manner and shall not be used in any way that is inconsistent with Owner’s instructions or manuals.
7. Repair and Alterations. Equipment shall not be serviced or repaired and parts and accessories shall not be replaced without Owner’s prior consent.
8. Insurance. Renter must carry insurance satisfactory to Owner equal to the value of the Equipment to ensure its full replacement, unless agreed otherwise in writing by Owner.
9. Restrictions on Use. Renter shall not:
a) permit the Equipment to be used by any person who is not authorized to use such Equipment or any person who has not reached the age of 16 years;
b) operate or use the Equipment or permit it to be operated or used in violation of law;
c) operate or use the Equipment or permit it to be operated or used to commit a violation of law; and/or
d) operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment.

8. Loss or Damage. Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
9. Condition of Equipment. The Condition of Equipment Checklist (“Checklist”) attached is hereby incorporate by reference. Renter acknowledges that Renter has examined the Equipment and that it is in good condition except as otherwise specified in the Checklist. 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, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
10. Return of Equipment. Renter shall return Equipment on the date specified in Section 1 in the same condition as Renter received it, except for normal wear and tear. Renter shall provide equipment for return at the agreed return location. If Equipment is not available for return on said date, Owner reserves the right to take any action necessary to regain possession of the Equipment.
11. Termination. This Agreement shall terminate on the date specified in Section 1. Owner reserves the right to terminate this Agreement earlier upon notice to Renter.
12. Indemnification and Liability. Renter shall indemnify, defend and hold harmless Owner from and against any claim, demand, cause of action, loss or liability (including attorney’s fees and expenses of litigation) for any property damage or personal injury arising from Renter’s use of Equipment by any cause, except to the extent caused by Owner’s gross negligence or willful misconduct. The provisions of this Article shall survive the termination of this Agreement with respect to any claims or liability accruing before such termination. IN NO EVENT SHALL OWNER BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES ARISING FROM RENTER’S USE OF EQUIPMENT, INCLUDING BUT NOT LIMITED TO LOSS PROFITS AND LOSS REVENUE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
13. Ownership. Owner shall at all times retain ownership and title to the Equipment. Renter shall immediately notify Owner in the event Equipment is levied, has a lien attached or is threatened with seizure. Renter shall indemnify and hold Owner harmless against all loss and damages caused by such action. Equipment shall be deemed at all times to be personal property, whether or not it may be attached to any other property.
14. Waiver. No failure of Owner to exercise or enforce any of its rights under this Agreement shall act as a waiver of subsequent breaches; and the waiver of any breach shall not act as a waiver of subsequent breaches. Owner’s acceptance of payment with knowledge of a default by Renter shall not constitute a waiver of any breach.
15. Severability. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision.
16. Entire Agreement. This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
17. Assignment. Renter may not, without the prior written consent of Owner, transfer or assign this Agreement or any part thereof. Any attempt to do so shall be a material default of this Agreement and shall be void.
18. Headings. Paragraph headings used in this Agreement are for reference only and shall not be used or relied upon in the interpretation of this Agreement.
19. Counterparts. This Agreement, and any amendment thereof, may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document.
Renter acknowledges receipt of a copy of this Agreement and acknowledges having read and understood the foregoing.
Cancellation policy:
90% refund with at least 7 days notice,
50% refund with at least 4 days notice,
no refund with less than 4 days notice.

Public liability Insurance MAPRE 096227003616

La política de cancelación :
reembolso del 90 % con al menos 7 días de antelación
reembolso del 50 % con al menos 4 días de antelación
Ningún reembolso con al menos 4 días de antelación

Seguro Responsibilidad  Civil General MAPRE 096227003616

Kosten 90% tot 8 dagen voor begin huurtermijn
Kosten 50% tot 4 dagen voor begin huurtermijn
Geen terugbetaling met minder dan 4 dagen voor begin huurtermijn

Aansprakelijkheidsverzekering MAPRE 096227003616

90% Erstattung mit mindestens 7 Tage im Voraus
50% Erstattung mit mindestens 4 Tage im Voraus
Keine Rückerstattung mit weniger als 4 Tage im Voraus

Betriebs HaftplichtVersicherung MAPRE 096227003616