PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE RENTING OR USING A BICYCLE (“BIKE”) FROM MARTHA’S BICYCLE RENTALS, OR ANY OF THEIR AFFILIATES (COLLECTIVELY, "MARTHA’S BICYLCE RENTALS"), MARTHA’S BICYCLE RENTALS AND VANTAGE TRAVEL SERVICE, INC. ARE JOINTLY REFERENCED HEREIN AS "OPERATOR".
BY RENTING OR USING A BIKE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN, INCLUDING, BUT NOT LIMITED TO, THE WAIVERS, RELEASES AND LIMITATIONS OF LIABILITY SET FORTH HEREIN.
YOUR CONSENT IS EFFECTIVE IMMEDIATELY FOLLOWING YOUR ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF USE, YOU ARE NOT PERMITTED TO RENT OR USE A BIKE FROM OPERATOR OR ITS AFFILIATES. YOU MUST BE AT LEAST 16 YEARS OF AGE TO RENT FROM OPERATOR.
CANCELLATIONS SHALL BE 48 HOURS PRIOR TO SCHEDULED PICK UP.
ALL RENTALS ARE SUBJECT TO OVERTIME FEES, PER SECTION 2.2., IF THE BIKE IS NOT RETURNED WITHIN THE SPECIFIED TIME.
NOTE: Rider’s unused rental time cannot be carried over from one day to another day. For example, if Rider purchases a monthly plan and returns the bicycle prior to the specified return date for any reason, Rider will not be entitled to “bank” time and will not be issued a refund for returning the bicycle early.
The following charts shows the overtime fees per plan and riding time:
TOTAL OVERTIME FEES
1. Ride Time
3. 00:01-00:30 minutes
5. 30:01- 60:00 minutes
7. 60:01 – 90:00 minutes
9. 90:01 – 120:00 minutes
11. 120:01 – 150:00 minutes
13. 150:01 – 180:00 minutes
15. 180:01 – 210:00 minutes
17. 210:01 – 240:00 minutes
19. 240:01 – 270:00 minutes
21. Each Additional 30 minutes
All overtime fees are subject to tax.
2.3. MAXIMUM RENTAL TIME. If a Bike is not returned to a bike Station within 16 hours of the start of Rider’s Rental Period, Operator may deem the Bike to be stolen and charge Rider the amount of $2,000.00.
2.4. REPAIR FEE. If a Bike is damaged during Rider’s use of the Bike, beyond regular wear and tear, as a result of negligent or intentional conduct on the part of Rider, Rider shall be charged a fee that is equal to the cost of repairing such damage.
2.5. STOLEN BIKE FEE. If Rider leaves a Bike unlocked or unattended and it is stolen, Operator may charge Rider a replacement cost equal to the bike cost (MSRP))
2.6. HELMET USAGE. Massachusetts law requires that all riders under the age of 16 wear the appropriate protective helmet. MARTHA’S BICYCLE RENTAL will provide a helmet to all riders under the age of 16. All riders under the age of 16 MUST be accompanied by an adult. You are required to ensure that all riders under the age of 16 with you are wearing the helmet at all times while riding the bicycle. You are solely responsible for You and other users renting Bikes under your account for wearing a helmet and complying with the law. Rider expressly acknowledges that the license to borrow the Helmet terminates at the end of the Ride. If You do not return a helmet, You may be charged an additional fee of $50. Failure to wear a helmet while riding a bike may result in fines, tickets, citations, or loss of ridership privileges. If you use a helmet provided by the Operator, such helmet is deemed to be included in the definition of “Bike” for the purpose of this Agreement.
2.7 VIOLATIONS. Rider shall be completely responsible, and shall indemnify Operator, for any tickets or fees assessed against the Bike or Operator during Rider’s Rental Period or as a result of the location where Rider parked the Bike. Rider is responsible for all tickets and moving violations incurred during the Rental Period including those resulting from Rider’s failure to wear a helmet. Rider agrees to reimburse Operator for any costs, expenses and/or attorney’s fees for processing, pursuing and/or defending any such claims.
2.8 CREDIT CARD. Rider must provide Operator a valid credit card number and expiration date before being registered to use a Bike. Rider represents and warrants to Operator that Rider is authorized to use the credit card information provided. Rider authorizes Operator to charge the credit card for which information is provided for all fees incurred by Rider under this Agreement, and all fees are subject to applicable sales taxes and other local government charges, which may be charged and collected by Operator. In the event Rider’s payment or is declined for any reason, Operator may suspend Rider’s rental and ability to use any Bikes until all of Rider’s prior charges are paid in full and charge Rider a $25.00 fee for declined charges.
In the event that a Rider is renting multiple bicycles and one or more of the users are under 16 years of age, Rider agrees to the following:
YOU HEREBY AFFIRM THAT YOU ARE THE PARENT OR LEGAL GUARDIAN OF THE USER WHO IS UNDER 16 YEARS OF AGE; YOU ARE AT LEAST 19 YEARS OF AGE AND EACH USER OF A BIKE IS AT LEAST 16 YEARS OF AGE; YOU HAVE THE LEGAL AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; YOU HAVE ENSURED THAT THE USER WHO IS UNDER 16 YEARS OF AGE IS YOUR SOLE RESPONSIBILITY AND YOU AGREE TO BE RESPONSIBLE UNDER THE TERMS OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, SECTION 5 (RELEASE AND LIMITATION OF LIABILITY), SECTION 6 (ASSUMPTIONS OF RISKS DISCLAIMER) AND SECTION 8 (INDEMNIFICATION) ON BEHALF OF SUCH USER; AND YOU AUTHORIZE THE USE OF THE SERVICES BY SUCH USER.
3.3 ACKNOWLEDGEMENTS AND AGREEMENTS. As a condition precedent to Operator’s agreement to allow Rider to rent a Bike, Rider acknowledges and agrees as follows:
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