Terms of Use and Conditions Agreement
The Renter acknowledges reading, understanding, and being bound by both the order form and terms and conditions form together one entire agreement. No other terms, oral or writing that do not appear on the face of those instruments has any force or effect. Renter agrees to all terms and conditions set forth and shall be bound personally, jointly and severally, with such fiduciary, corporation or other entity as to all obligations expressed or implied, arising hereunder. by live signature or acknowledgement online.
The Renter agrees to:
Cancellation and No-Show Policy
Renter may cancel reservation at least 24 hours in advance of the delivery date and time of the reservation for a 100% full refund. If a reservation is not cancelled at least 24 hours prior to the delivery date and time for whatever reason or if the Renter fails to pick up the mobility equipment after it has been delivered as requested, the customer will be charged for one day of the rental per mobility equipment.
Delivery
Renter may request delivery of mobility equipment to their hotel or to an address to a home within a 5-mile radius from Disneyland. Addresses outside of this 5-mile radius can be requested by reaching out to ScootItUp Mobility to determine a possible delivery cost. Return of the equipment shall be the same as the drop-off location.
Rental Extensions
Scooters are due back no later than 11:00 p.m. PST the day of your final reservation. If you need to extend the time of your rental, you must call us prior to the return date and time of the reservation.
Battery and Charger
Scooters will be provided with a charger, and Renter is responsible for charging the battery as needed. If you are renting for multiple days, our recommendation would is to charge the battery overnight. If Renter forgets to charge the battery and become stranded, please call us immediately to request delivery of a fully charged battery for a minimum charge of $10.00 USD within a 5-mile radius of Disneyland.
Failures
Failure to Return Equipment on Time
If you fail to return the Scooter as agreed, ScootItUp Mobility will obtain additional authorizations from the debit or credit card used for the reservation to cover the rental charges and the balance value of the scooter.
Responsibility for condition of mobility equipment
The mobility equipment is the property of ScootItUp Mobility and is in good condition. Renter will return the mobility equipment in the same condition as when received, at the end of the rental period for inspection and recharge of battery (if necessary), or sooner, upon request or demand by ScootItUp Mobility.
Renter will bear the entire risk of destruction, loss, theft, reacquisition of title, or use, confiscation, taking, or damage (collectively, casualty loss) of the mobility equipment from any cause during the period commencing when the Mobility Equipment/Scooter is delivered to Renter and ending when the Mobility Equipment/Scooter is returned to ScootItUp Mobility or its designee following termination of rental. If during that period the Mobility Equipment/Scooter suffers any casualty loss, the Renter will notify ScootItUp Mobility Scooters immediately following the casualty loss. On demand by ScootItUp Mobility, Renter will reimburse ScootItUp Mobility for the full cost of replacement upon demand for any damage, loss, theft, or destruction of the mobility equipment. ScootItUp Mobility will determine if the damage constituting the casualty loss is repairable in order to return the mobility equipment to the condition received by ScootItUp Mobility at the sole expense of the Renter OR if the damage constituting the casualty loss is not repairable Renter agrees to replace the mobility equipment according to ScootItUp Mobility estimate of Fair Market Value as of the date of loss at the sole expense of the Renter. The Renter understands and authorizes that ScootItUp Mobility will charge the credit card used for any repair costs or the replacement costs of the mobility equipment.
ScootItUp Mobility may repossess the mobility equipment without demand at any time if it is used in violation of the terms of this agreement.
Risk and responsibility of loss, theft, damage, injury
ScootItUp Mobility shall not be liable or responsible for the loss of or damage to any property left, lost, damaged, stolen, stored or transported by Renter, its agents, or employees, or any other person on the scooter, either before, during, or after the return to ScootItUp Mobility. Renter assumes all risks of such loss or damage and waives all claims against ScootItUp Mobility by reason thereof and Renter agrees to hold ScootItUp Mobility harmless from and to defend and indemnify ScootItUp Mobility against all claims based upon or arising out of such loss or damage.
Renter assumes all risk and liability for any loss, damage or injury, including death, to persons or property of Renter or others arising out of the use, operation or driving of the mobility equipment.
Renter shall defend, indemnify and hold harmless ScootItUp Mobility, all of their agents, officers, and employees from and against any and all losses, liability claims, damages, injuries, demands, actions and causes of action whatsoever, arising out of or related to any loss, damage or injury claimed by persons that may arise from the use, operation or driving of the mobility equipment, provided that such loss or damage was not caused by the fault or gross negligence and willful misconduct of ScootItUp Mobility or its employees.
Renter assumes all costs and expenses of every kind and nature, including legal fees and disbursements arising out of and in connection with the use, operation or driving of the mobility equipment.
ScootItUp Mobility assumes no liability or responsibility for any acts or omissions of Renter or of Renters agents, servants, or employees.
Renter agrees to pay all costs, expenses, and attorney fees incurred by ScootItUp Mobility in collecting sums due or in regaining possession of mobility equipment or in enforcing or recovering any damage, losses or claims against Renter.
Renter or the driver of the mobility equipment shall in no event be deemed the agent or employee of ScootItUp Mobility in any manner or for any purpose whatsoever.
Usage of Mobility Equipment
Renter shall require drivers to operate the scooter with reasonable care and diligence and comply with the terms of this agreement. Renter shall notify ScootItUp Mobility immediately of any and all accidents and damage resulting from the use, operation or driving of the mobility equipment.
The following is prohibited, and the rental will be forfeited without refund if the scooter operated by:
1.) Any person under the age of 18;
2.) Any person while under the influence of intoxicants or narcotics;
3.) In an unsafe manner
Renter also agrees that only one (1) person is allowed to ride on the scooter at all times and two or more riders may NOT ride on it due to safety reasons (including small children).
Renter agrees to operate Mobility Equipment/Scooter in marked crosswalks or marked handicapped areas.
Forms of Payment
We accept all major credit cards and PayPal. We do not accept personal or business checks as forms of payment.
Privacy and Electronic Communication
When you visit this site, submit forms, or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. There are GPS’s attached each scooter which we only access in case of a lost or overdue unit. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Future Updates of Terms
ScootItUp Mobility reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting. By using this website after we have posted notice of such modifications, alterations or updates you agree to be bound by such revised Terms.
Enforceability
If any provisions to any person or circumstance is held invalid or unenforceable, the remainder and the application of such provision to other persons or circumstances shall remain valid and enforceable.