General Rental Fleet; Delivery guaranteed between 3:00 PM-6:00 PM. WaterColor guests are prohibited from using any General Rental Carts on WaterColor property. ( See: Fines & Penalties Section )
WaterColor Rental Fleet; Carts are available for customer pick up between 3:00 PM-6:00 PM at 135 Pine Grove Circle (behind Publix Market at WaterColor Crossings) In the event all of the (WaterColor approved) carts are reserved/rented, WaterColor prohibits the use of any General Rental carts by guests staying on WaterColor property. ( See: Fines & Penalties Section )
E-Bikes delivery guaranteed between 3:00 PM-6:00 PM
Vehicle/E-Bike is presumed stolen if not returned when due. Authorized Renter’s financial responsibility does not end until vehicle is checked in by ECC. ECC is not responsible for any items left in the vehicle.
- Definitions. Agreement” means all terms and conditions found in this form and any other forms executed by the Authorized Renter and any Authorized Drivers. “You” and “your” means the person identified as the Renter on the reverse, if any person signing this Agreement, any Authorized Driver and any person or organization to whom charges are billed by us at its or the renter’s direction. All persons referred to as “you” or “your” are jointly and severally bound by this Agreement. “We”, “our”, “us” or “ECC” means the Electric Cart Company, LLC. “Authorized Driver” means the Authorized Renter listed by us on this Agreement; provided that such a person has a valid driver’s, license and is at least 25 years of age. “Additional Driver”, if listed on the Agreement with a valid driver’s license and at least 18 years of age, is authorized to operate the vehicle with permission of the Authorized Renter, unless the age restriction is changed by us elsewhere in this Agreement. “Vehicle” means the vehicle identified in the Agreement and any vehicle we substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Physical Damage” means damage to, or loss of, the Vehicle caused by collision or upset; it does not include comprehensive damage, such as damage to, or loss of, the Vehicle due to theft, vandalism, act of nature, riot or civil disturbance, hail flood or fire. “Loss of use” means the loss of our ability to use the Vehicle for any purpose due to damage to it or loss of it during this rental. Loss of use is calculated by multiplying the number of days from the date the Vehicle is damaged until it is repaired or replaced, times the daily rental rate.
- The Vehicle, Rental, Indemnity and Warranties. This is a contract for the rental of the Vehicle. You acquire no title to the vehicle and no one other than ECC may sell or assign the vehicle. You will not repair the vehicle without our consent. The vehicle is in good overall condition, with no apparent defects. We may repossess the Vehicle at your expense without notice to you, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify us, defend us and hold us harmless from all claims, liability, costs and attorney fees we incur resulting from, or arising out of, this rental and your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchant-ability and no warranty that the Vehicle is fit for a particular purpose. We shall in no event be liable to you or any Authorized Renter for any matter or cause of action related to any breach of the Rental agreement. You waive all rights and remedies granted to you by the Uniform Commercial Code under what is commonly known as Article 2A. Under no circumstances is ECC to be considered the agent, licensee, or invitee of any Authorized Driver, Authorized Renter, or any other user of the Vehicle; nor the agent, licensee, or invitee of any host or lessor of any Authorized Driver, Authorized Renter, or any other user of the Vehicle.
- Condition of Return of Vehicle. You must return the Vehicle to the designated location on the date and time specified in the Rental Agreement and in the same condition as when you received the vehicle, except for ordinary wear. If the vehicle has to be returned after closing hours, you remain responsible for the loss of, and any damage to, the Vehicle until we inspect it upon our next opening for business. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You may not keep the vehicle longer than thirty days unless you sign a new Rental Agreement. If you fail to do so, you will pay all our expenses and charges, including a delivery fee. You must check and maintain all fluid levels if rented for more than a seven-day period of time and upon instruction from us.
- Responsibility for Vehicle Damage or Loss; Report to Police. You are 100% responsible for all loss or damage to the Vehicle, whether it is your fault or not, including damage caused by weather, acts of god or terrain conditions. You are responsible for the cost of repair, or the actual cash retail value of the Vehicle on the date of the loss if the Vehicle is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Vehicle, loss of use, diminished value of the Vehicle caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether you are at fault or not. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them and complete an Accident Report. You will deliver to us a legible copy of any service of process, pleading or notice of any kind relating to a claim or suit in connection with any accident involving the Vehicle. However, your responsibility will not exceed those damages expressly permitted by applicable law to this form of agreement.
- Prohibited Uses of Vehicle.
The vehicle may not be used:
- By other than an Authorized Renter;
- To push or tow anything;
- In any race or similar type contest;
- For any illegal purposes, or in the commission of a crime that could be charged as a felony;
- While under the influence of alcohol or drugs;
- To carry persons or property for hire;
- By anyone who gives us false or misleading information;
- To intentionally cause damage or engage in grossly negligent conduct;
- Outside Your geographic driving restriction;
- On other than a paved or graded road or driveway and are not allowed on bike or pedestrian paths
- Within federal or state-owned property without written permission from the proper authority, nor within any area where LSVs are prohibited by any public entities, private entities, or private individuals, as ECC is not an invitee within any areas where LSVs are prohibited
- With more than the vehicle’s passenger capacity as stated herein.
Any prohibited use of the vehicle violates the Rental Agreement and voids or deprives you of all benefits, protection and optional coverage, if any, to which you would have otherwise been entitled to under this Agreement. A low speed vehicle (LSV) is a licensed motor vehicle in the State of Florida and all traffic laws of the State of Florida must be obeyed.
- Insurance / LSV
- You are responsible for all damage or loss. You and/or your insurance company will be responsible for handling defending, and paying all third-party claims for bodily injury, death or property damage caused by or arising from the use or operation of the vehicle. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law.
- You agree to provide liability collision and comprehensive insurance covering, you, us and the vehicle. Your insurance is primary to any insurance that we may provide. In the event of damages in excess of $1,000.00 your credit card on file will be charged at minimum $1,000.00 until a complete and full estimate can be made. ECC’s insurance is secondary and provides the minimum by law for the sate of Florida; $10,000 Bodily Injury per person and $20,000 maximum Injury Liability per accident, $10,000 property damage per accident.
In accordance with the exception to section 627.7263, you are hereby notified that this rental agreement provides that the valid and collectible liability and personal injury insurance of the renter, or any other person operating this motor vehicle with the renter’s consent shall be primary in accordance with said statute and in accordance with the limits of liability as required by sect 324.021 (7), Fla. Stat. Policy is void if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
- E-Bikes: You are responsible for all damage or loss you cause to others. You and/or your insurance company will be responsible for handling defending, and paying all third-party claims for bodily injury, death or property damage caused by or arising from the use or operation of the vehicle. You and we reject PIP, medical payments, no-fault and uninsured and under-insured motorist coverage, where permitted by law. You agree to provide liability collision and comprehensive insurance covering, you, us and the vehicle. Your insurance is primary to any insurance that we may provide.
Policyisvoid if you violate the terms of this Agreement, or if you fail to cooperate in any loss investigation conducted by us or our insurer.
- Rental Period. All vehicles are rented by the day. There is a minimum rental period of two (2) days. It is understood that the Rental cart will be available for pick up on the last day of your reservation no later than 10:00 AM, as your required State of Florida Insurance promptly expires at 10:00 AM on the last date of your contract.
- Charges You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including: (a) time for the period during that you keep the Vehicle; (b) charges for additional drivers; (c) optional products and services you purchased; (d) applicable taxes; (e) all parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Vehicle assessed against us or the Vehicle; if you fail to pay the charging authority for parking or toll violations, you agree to pay us for those charges, plus our administrative fee of $50 for each such violation; (f) all expenses we incur in locating and recovering the Vehicle if you fail to return it or if we elect to repossess the Vehicle under the terms of this Agreement; (g) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (h) a 2 % per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (i) $50 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (j) a reasonable fee not to exceed $100 to clean the Vehicle if returned substantially less clean than when rented. We have the right to monitor the vehicle through remote tracking devices and locate, disable and repossess the vehicle or otherwise at your cost and without notice if it is being used in violation of the law, illegally parked, apparently abandoned, or is being used in breach of the geographic restrictions of this rental, the payment obligations or other terms of the Rental Agreement.
- Other Charges.A Return Fee or other charges may be applied if you return the Vehicle otherwise than as noted on the Rental Agreement. I understand that a surcharge may apply to renters under the age of If you ask for other services from ECC, additional charges may apply. If I fail to comply with the conditions applicable to the rate, including any geographic driving restrictions, a surcharge or other rates may apply.
- Estimated Charges. You authorize ECC to process or submit a charge to your credit, charge, or debit card for the Estimated Charges for this Rental upon signing this Rental Agreement, and you authorize us to process or submit a charge for any additional charges due upon return of the vehicle. You consent to the reservation or authorization of credit with card issuer for an amount equal to the Estimated Charges if ECC does not process or submit a charge upon your signing of the Rental Agreement. You also consent, if you fail to return the vehicle when due, to allow ECC to obtain any credit information on you from any credit agencies we may want to contact. We may also apply any cash deposit toward unpaid charges incurred by you under the Rental Agreement. All charges are subject to final audit. If you are overcharged or undercharged, you will pay the corrected amount or receive a refund. If prepayment was by a credit card, you authorize ECC to credit or charge your credit card.
- Deposit. We may use any deposit made by you to pay any amounts owed to us under this Agreement.
- Your Property. You release us, or agents and employees from all claims for loss of, or damage to, your personal property or that of any other person, that we received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
- Breach of Agreement.The acts listed in Paragraph 5, above, are prohibited uses of the Vehicle and breaches of this Agreement. Additional prohibited uses are included in the Rental Information Sheet. You waive all recourse against us for any criminal reports or prosecutions that we take against you that arise out of your breach of the Agreement.
- Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must return the Vehicle to our rental office for inspection and written amendment by us of the due-in date. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
- Miscellaneous. A waiver by us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of your obligations under this Agreement. Our acceptance of payment from you or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. Unless prohibited by law, you release us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. No term of this Rental Agreement may be waived or changed except by a written agreement signed by our authorized representative. If any term of the Rental Agreement is prohibited by law, it shall not affect the remaining terms. Paragraph Headings have no independent meaning.
Reservations canceled fourteen (14) days or less before the first scheduled rental date of the LSV, will still pay the entire full amount of your rental charges. These charges, minus the $100 non-refundable deposit, will be kept on-file and can be applied as a credit towards any future reservation within 3-months but are forfeited completely after the 3-month period of time has passed
All cancellations must be sent in dated email or written correspondence identifying both the authorized renter’s full name and the 4-digit reservation number.
- Fines & Penalties: The bike paths on 30A are for non motorized vehicles only. Walton County Sheriffs Office enforce a hefty fine for violators. Please be safe on your vacation! Know the Florida law on street legal cart usage. A $100 non-refundable fee is charged………
We hope you have a safe and enjoyable experience with our electric cars!