1 DEFINITIONS & GENERAL PRINCIPLES
Once you place the order, you are then the customer who has agreed to the terms of the rental agreement and you are fully responsible for the use of the scooter & equipment.
Big Orange Mobility, Inc. is the rental company named in the rental agreement.
Rental Equipment – We rent Mobility Scooters, Power Chairs and manual wheelchairs. We at Big Orange Mobility, Inc. will be renting to you for the agreed duration of the rental agreement. There is also the option for additional items, such as baskets, cup holders, canopies, ice box and more at a minimal additional daily rate and will also be part of your rental agreement at the commencement of the rental.
Damage – Is any damage occurring to the Scooter or any of the equipment (including, lights, seats and attached accessories).
2 WHAT DO YOU NEED TO DO IN ORDER TO RENT A SCOOTER OR WHEELCHAIR?
We at Big Orange Mobility, Inc. ask that you must hold a current valid ID and when requested by Big Orange Mobility, Inc. you are able to produce when requested. This will take place before any rental commences. The ID must have been issued by authorized authorities. When the rental booking is made from outside the USA you must also be able to produce when requested a valid identity card or a valid passport issued by the country of your residence. You must be aged 21 or over to rent any of our mobility or other equipment. You must produce a valid Credit or Debit card with an expiry date after the due check-out date. If paying by cash or check. No scooters or equipment can be rented against cash or check payment unless such payment exceeds the retail value of the scooter or equipment to be rented.
3 EQUIPMENT & SCOOTERS: CONDITION, USE, BREAKDOWN ASSISTANCE & MAINTENANCE ALSO MECHANICAL PROBLEMS
3a Condition of the scooter & equipment.
Please check all equipment prior to leaving the rental location or taking receipt of the scooter from one our authorized Big Orange Mobility drivers. We at Big Orange Mobility, Inc. require you to check the condition of the equipment. Where an apparent defect is found which is not already noted, you must immediately inform Big Orange Mobility, Inc. and where possible take a photo and send to our office before proceeding with your rental of the equipment. In such a case, amendments will be made to your rental account at our office and duly noted by both parties. If a defect is not noted and agreed prior to proceeding with your rental the condition of the scooter & equipment will be agreed as being in good order and it will be considered that you received the scooter & equipment in good order and proper working condition. You will return the scooter & equipment in the same condition as it was provided at the start of the rental as agreed. If you do not purchase the optional insurance, you are responsible for any repair or refurbishment costs and these costs will be added to the cost of the rental and you agree that these costs will be charged to your credit/debit card that Big Orange Mobility, Inc. holds on file and that we do not need to require any additional authorization from you the renter and signee of the rental agreement.
3b Use of the scooter & equipment in & Out of the State of Florida:
The scooter & equipment must not be operated by anyone other than you or a member of your party over the age of 18. Anyone under the age of 18 will require written the permission from Big Orange Mobility, Inc. If you wish to take the scooter & equipment outside the State of Florida you must obtain written consent from Big Orange Mobility, Inc. prior to leaving the state. You must take care at all times of the scooter & equipment, keep it in good repair and condition. If any damage is detected, then Big Orange Mobility, Inc. will be expected to be reimbursed for the damage or replacement if the cost exceeds the cost of a new scooter or /equipment and any other costs incurred. You are also liable for all fees, taxes, fines and penalties incurred in connection with the use of the scooter & equipment and for which Big Orange Mobility, Inc. may be charged. These charges will NOT apply if for any reason any faults have arisen through the fault of Big Orange Mobility, Inc.. To enable you to maintain the scooter and equipment during the rental period you must carry out the usual checks as would any careful user and you must take good care and respect the rented scooter & equipment. Protect the scooter & equipment from rain, condensation and any other damaging elements. When leaving the scooter & equipment unattended. Please make sure the scooter and equipment is in a safe, secure environment, even for a short period. You undertake to secure it in a safe and proper manner at ALL times. You must use the scooter & equipment in a responsible manner and in particular, ONLY for the purposes for which it is intended.
The scooter is primarily for the use of ONE (1) person and their personal items. There is a weight restriction for each scooter noted in the specs of the scooter to be found on our website. Please DO NOT overload with personal items and carrying children. This can also be a safety hazard.
We ask that you DO NOT use the scooter & equipment under any of the following conditions or for any other purposes:
If under the influence of any narcotic substances, alcohol or drugs, please do not operate the scooter or equipment.
If any damage is caused to Big Orange Mobility, Inc. property including transportation vehicle due to carrying anything which, because of its smell or harmful chemicals that harms our company vehicle or returned condition of any of our rented items and thus causes the company to lose time or money before it can rent the scooter & equipment again. Then we will seek compensation and will use the credit card on file to reimburse our out of pocket expenses. Authorization will not be needed by the card holder.
Any goods and baggage carried in or on the scooter, wheelchair, stroller or any other rented equipment must be secured at all times and not to exceed the weight capacity that may cause damage to the rented item. Uneven surfaces can and could damage the scooter, wheelchairs and strollers wheels, tires and put it’s under body mechanics at risk. Transportation of animals (with the exception of assistance animals) is strictly prohibited.
All scooters and equipment rented under our rental agreement terms DO NOT allow you to re-rent to any other persons, companies or any other entities.
Due to weight constrictions, please DO NOT exceed the weight by carrying passengers as this can cause damage to the rental items and put another person at risk. DO NOT use your scooter to Tow or Push any other vehicle. You are restricted from committing any offence intentionally.
You are not permitted at any time to break the highway Code, road traffic laws or any other laws, either in the state of Florida or any other state in the USA. This also includes overseas if permission is granted to leave the country.
3c Maintenance & Mechanical issues
If for any reason you suspect that the equipment is not operating correctly. Firstly you must stop the scooter or do not move the scooter. Check to see what the instrument panel is telling you. If the warning light, which is intended to indicate the existence of a mechanical problem flashes, or if you become aware of anything else which may indicate the presence of a mechanical problem with the scooter or equipment call us immediately. If out of business hours, please leave us a message and we will get back to you.
When the rental starts, the scooter & equipment will be ready for use. If it is not, or if it becomes unfit for normal use during the rental period because of mechanical breakdown or accident, you must inform Big Orange Mobility, Inc. immediately. To ensure the quality and full usage of your rental equipment, we at Big Orange Mobility Inc will decide to either replace or repair on site the rental equipment. Any fees and expenses of any repair undertaken without the knowledge of Big Orange Mobility Inc. will NOT be reimbursed to you. At all times you must inform Big Orange Mobility Inc.of any incidents, accidents or breakdowns of any of our scooters and equipment immediately.. In any case, neither Big Orange Mobility, Inc. or its owners or employees will be liable to you for any loss or damage (including but not limited to loss of profit or earnings) nor, to the extent permitted by the Law, for indirect consequential damages whether your action is based on contract or in tort.
4 RENTAL AGREEMENT (RENTAL PERIOD)
4a Principle & Calculation
You undertake to return the scooter & equipment to Big Orange Mobility, Inc. at the agreed place, on the date and at the time indicated on the rental agreement. The rental duration is calculated on the basis of indivisible periods of 24 hours, starting from the time the scooter & equipment was made available. However, a 30 minute grace period is applied at the end of the rental before the start of a new 24-Hour period. If you return the scooter & equipment to any other location other than the agreed location, repatriation costs will be charged to you.
4b Extension of the Original Duration of the Rental
Should you wish to keep the scooter & equipment for a period longer than that originally set out in the rental agreement, you must first contact by phone Big Orange Mobility, Inc. in order to extend the duration of the rental . Payment will then be taken from your credit or debit card held on file. No authorization is needed.
4c Delivery and Collection Terms
Big Orange Mobility, Inc. agrees to deliver and collect the scooter & equipment but you may have to pay additional charges and follow additional instructions. You must check at the time of reservation. You must return the scooter & equipment immediately if Big Orange Mobility, Inc. asks you to do so. In the event that the scooter or equipment is not delivered to Big Orange Mobility, Inc. upon request you hereby authorize Big Orange Mobility, Inc. to enter your premises and to do any and all other things necessary to repossess the scooter & equipment. You will be liable for any costs associated with such repossession. Big Orange Mobility, Inc. may repossess any scooter & equipment without notice or liability where Big Orange Mobility, Inc. deems that such repossession is necessary for its own protection. If you require the scooter to be collected from a different point to where it was delivered, there will be a $30 charge for this service. Deliveries and Pickup to any Disney Resort/hotels, etc. requires the Renter meet with a Big Orange Mobility representative. No rental items can be left/abandoned at any of the Disney Parks, Hotels, Resorts, etc. without written permission from a Big Orange Mobility representative. Any equipment/products that is left/abandoned is the responsibility of the Renter.
4d End of Rental
The end of the rental is defined by the return of the scooter & equipment and any keys to the Big Orange Mobility, Inc. pick up location as agreed in the rental agreement. If the scooter & equipment is returned without its key you will be charged for the cost of the replacement key in the sum of $35.00. Under no circumstances will Big Orange Mobility, Inc. accept any liability for articles that may have been left with the scooter or its equipment at the end of the rental.
4e In the event of confiscation, theft or accident you are responsible for contact Big Orange Mobility, Inc. immediately. In the event of measures by third parties, including attachment, confiscation or impounding of the scooter & equipment, You must immediately inform Big Orange Mobility, Inc.. We will then be entitled to take all measures which it deems necessary to protect its rights. You will be liable for all damage, cost and or expenses associated with the above measures and for any direct, indirect, consequential damages (such as loss) to the scooter & equipment unless it is demonstrated that Big Orange Mobility, Inc. is directly responsible for such confiscation or impounding of the scooter & equipment. Furthermore, the rental agreement may be automatically terminated as soon as Big Orange Mobility, Inc.. is informed of such action by the legal authorities or by you. Any use of the scooter & equipment which may be detrimental to Big Orange Mobility, Inc. will entitle Big Orange Mobility, Inc.. to automatically terminate the rental agreement with immediate effect. You will then return the scooter & equipment immediately. In the event of theft of the scooter & equipment, the rental agreement will be terminated as soon as Big Orange Mobility, Inc.. receives a copy of the theft declaration made by you to the police authorities. Big Orange Mobility, Inc.. will hold you liable for any and all costs incurred including the cost replacing the scooter & equipment lost or stolen. In the event of an accident, the rental agreement will be terminated, upon receipt of a copy of the accident report completed by you and, where applicable, the third party. You are liable for any and all costs and losses incurred including the cost replacing the damaged scooter & equipment. If Big Orange Mobility, Inc. provides replacement scooter & equipment, the rental agreement will be amended accordingly. Furthermore, we at Big Orange Mobility, Inc. will have no responsibility for loss, theft, robbery or damage of whatever nature relating to objects being transported.
5 RATES & TERMS OF PAYMENT
We at Big Orange Mobility, Inc. will charge the total of each rental that is determined according to the price list applicable at the time of rental. The total cost of the rental will l be charged at the time of booking.
5b Terms of Payment
When payment is made by means of a credit card, an authorization will be requested prior to the start of the rental. This authorization will be in place throughout the rental period to cover any damage or loss of the scooter & equipment. At the time of booking the scooter & equipment will be invoiced and the total amount will be charged to the credit card provided. Booking and paying infers your agreement to Big Orange Mobility, Inc. rental agreement as set before you.
The tariffs applicable to the rental of additional services & items are those which are in force on the date of issue of the rental agreement, and correspond to the characteristics you originally indicated at the time of reservation (equipment type, rental, duration, price, return location). Any modification in the characteristics will entail the use of an appropriate alternative tariff.
6 ANY DAMAGES YOU ARE LIABLE TO BIG ORANGE MOBILITY, INC. WHEN RENTING A SCOOTER OR EQUIPMENT THAT HAS BEEN ENTRUSTED TO YOU.
Therefore, in the event of theft of the scooter or equipment or damages caused to it, you must fully indemnify Big Orange Mobility. Inc. (the indemnification will include the amounts corresponding to the repair costs, resale value of the scooter or equipment, loss of use, administration charges). The amount will not exceed the market value of the rented scooter or equipment at the time of the event.
Therefore, at the end of the Rental, IN THE EVENT OF DAMAGE OR THEFT, YOU WILL BE DEBITED THE FULL AMOUNT FROM THE CREDIT/DEBIT CARD USED AT THE TIME OF BOOKING. If this is not possible the full amount will be billed to you for immediate payment.
You will not be exempt from liability towards Big Orange Mobility, Inc. in the case of breach of contract. Therefore, you will be responsible for any financial loss to Big Orange Mobility, Inc.. if the company suffers as a result of such breach and for any relevant claims made by other people. You agree to pay any amounts Big Orange Mobility, Inc. spends in enforcing these terms.
THEREFORE IN ANY CASE, NEITHER BIG ORANGE MOBILITY, INC. OR ITS OFFICERS, DIRECTORS, EMPLOYEES WILL BE LIABLE TO THE CONTRACTING PARTY FOR ANY AMOUNTS, OR FOR ANY ACTIONS, LAW SUITS OR CLAIMS RELATED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES (SUCH AS LOSS OF BUSINESS, LOSS OF PROFIT) ARISING OUT OF OR IN CONNECTION WITH THE RENTAL OR THE USE OF ANY SCOOTER OR EQUIPMENT WHETHER THE ACTION IS BASED ON CONTRACT OR IN TORT. YOU WILL INDEMNIFY AND HOLD BIG ORANGE MOBILITY SCOOTERS Inc. LESS FROM ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES OR EXPENSES ARISING OUT OF THE RENTAL AND/OR THE USE OF THE SCOOTER OR EQUIPMENT. If the loss suffered by Big Orange Mobility, Inc. is subsequently reduced (recovery of the scooter or equipment within 60 days, partial or total liability on the part of the Third party), you will receive the corresponding reimbursement.
At check-out and check-in Big Orange Mobility, Inc.. will record with your knowledge all visible damage to the scooter & equipment which you hereby acknowledge. Existing damage will be marked on your account by Big Orange Mobility, Inc.. At the end of the rental the identification of any new damage must be added to your rental account. Any new damage will be immediately noted by Big Orange Mobility, Inc.. This damage will be charged to you.
Any and all repair costs will be directly billed to you by Big Orange Mobility, Inc.. This will include the cost of the damage repair as well as administration charges, immobilization costs, spare parts and labor costs. The above-mentioned invoiced repair costs are payable under the same conditions as for the payment of the rental agreement.
You can cancel your booking up to 72 hours before your rental is due to start and receive a full refund minus a $15 administration charge to cover expenses incurred including credit card fees that were charged to Big Orange Mobility, LLC. Note: There will be no refunds for any cancellations after delivery or within 72 hours of scheduled delivery.
9 DATA PROTECTION LAW
Please note that in the course of the performance of the booking as well as the rental process, Big Orange Mobility, Inc. collects some personal data. It is mandatory to provide all the information requested; in the absence of such information Big Orange Mobility, Inc.. will not be able to correctly ensure the booking and/or the rental.
Caution is advised when lifting or loading any of our equipment to include but not restricted to loading in and out of vehicles. This includes items such as batteries and scooter parts which are also heavy. Anyone attempting to lift any of our equipment should at all times adopt correct lifting practices to prevent injury, loss or damage. Big Orange Mobility, Inc.. cannot accept any responsibility for injury, loss or damage caused by the incorrect lifting or loading of any of our equipment. We advise that at all times you have someone to assist you when lifting or loading our equipment and you do not attempt any lifting or loading if you are unsure you are fully able to do so.