TERMS AND CONDITIONS
RENTER RESPONSIBILITIES
Renter agrees to the following terms and conditions while operating the E-Bike or using any equipment provided by Scenic Spin E-Bike Rentals, LLC (“Company”) to Renter related to Renter’s use of the E-Bike:
- Helmets are mandatory.
- No person under the age of 16 shall be permitted to use and/or operate the E-Bike. All minor children who are at least 16 years of age but not yet 18 years of age, a parent or guardian must sign this Agreement for the minor to be able to use the E-Bike and accepts full responsibility for ensuring the minor strictly complies with the terms and conditions hereof. The parent or guardian executing this Agreement shall be fully liable for any violations of the minor child for whom they accept responsibility by signing this Agreement. All groups must have at least one (1) adult Renter travelling with them at all times while using the E-Bike.
- Must have a valid photo ID.
- You authorize the Company to charge the credit or debit card on file used to secure the reservation online for the deposit being held and for any other fees that arise under this agreement.
- E-Bikes must remain within a 25-mile radius of the place of E-Bike pickup from the Company.
- Renter has read all safety instructions regarding the use and operating of the E-Bike that has been provided to them by the Company.
- Bikes must be locked when unattended and treated with care.
- Renter agrees to follow all New York State cycling laws.
- Any damage, theft, or loss is the renter's responsibility and will be charged accordingly.
- Riding under the influence of drugs or alcohol is strictly prohibited.
- Arrival Time: Renters must arrive 20 minutes prior to the start of their reservation for safety training and instructions. The rental period begins at the time of the reservation.
- Cancellation/No Show Policy: Renters who do not arrive within 30 minutes following the start of their rental period will forfeit their reservation with no refund. Renters may cancel their reservation up to 24 hours prior for a full refund. No other refunds will be offered except in the sole discretion of the Company.
- Late Return Policy: Renters who return past the end of their reservation time are subject to a $25 late fee per bike, per hour.
LIABILITY
Renter acknowledges and assumes the inherent risks of riding an electric bicycle, which may result in bodily injury or disfigurement, disability, property damage, or death.
A signed liability waiver in the form attached hereto as Exhibit A, is required before equipment is released.
INSPECTIONS
Prior to commencing the rental, Renter and a Company staff member will inspect the bike to be rented to review the condition prior to renting, in the form attached hereto as Exhibit B, and will complete the same inspection upon the return of the E-Bike using the form attached hereto as Exhibit C.
RENTER NAME & LIKENESS ACKNOWLEDGEMENT
Renter hereby grants an irrevocable permit, authorize, grant, and license to Company and its affiliates, successors, and assigns, and the employees, officers, directors, and agents of each and all of them (“Authorized Persons“), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness and all materials created by or on behalf of us that incorporate any of the foregoing (“Materials“) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created without further consent from or royalty, payment, or other compensation to you.
PAYMENTS & PAYMENT PROCESSING
Renter agrees to and will pay all amounts due to us under this Agreement via Electronic Funds Transfer (“EFT”), credit card or debit card through Company’s chosen third party payment processor, currently Booqable.com (“Booqable”). By signing this Agreement and using Company’s services, Renter agrees to be bound by Booqable’s terms of service ([insert web link]) and privacy policy ([insert web link]) and consents and authorizes Booqable to share information and payment instructions provided by Renter as necessary to process transactions and otherwise in accordance with this Agreement and the policies of Company and Booqable.
Renter further understands and agrees that Renter is responsible for the credit card processing fees associated with processing transactions to Renter’s Booqable account as well as any other fees which may be incurred as a result of opening, operating, maintaining, or closing such an account, in addition to any which may be charged to Renter by Company. Renter will remain exclusively liable for all refunds, chargebacks, or transaction reversals (including any applicable fees imposed by Booqable) associated with Renter’s account. Renter understands and agrees that Booqable is a third-party service and that Company is not and will not store any of Renter’s payment information nor be responsible or liable in any way for acts or omissions on Booqable’s part.
Company reserves the right to add or modify payment methods in the future. In such case, Company will notify Renter of the change and offer Renter the option to choose an alternative payment method.
WEATHER POLICY
Unsafe weather may qualify for store credit, subject to Company’s sole discretion. No cash refunds unless otherwise agreed to by the Company.
JURISDICTION & VENUE
Should there be any disputes regarding this Agreement or any other aspect of the relationship between Renter and Company which results in a legal or quasi-legal action being initiated, New York State laws and rules shall apply to the extent allowable. Renter irrevocably consents to the jurisdiction and venue for any legal or quasi-legal action shall only be with a court located within Monroe County, New York