Terms and conditions
Section I: General Information
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THE PARTS:
Landlord: Outdoor Rental
E-mail : info@locationpleinair.ca
Website : www.locationpleinair.ca
Tenant: As indicated on reservation
VEHICLE :
As indicated when booking
ACCESSORIES :
As indicated on the reservation The Tenant declares to be familiar with the rented vehicle and the safety equipment relating to the use of such vehicle. The Lessee thus acknowledges being well aware of the risks of using such a vehicle and that all the safety accessories deemed useful or necessary for driving the vehicle have been offered to him and/or made available to him by the Lessor.
INSURANCE:
Insurance rate: As indicated on reservation The Lessee acknowledges that the insurance offered by the Lessor does not constitute an insurance contract as defined by the AMF and the various Canadian authorities in this area. This insurance limits Renter's liability to an amount equivalent to the Deductible in the event of damage inflicted on the Equipment as a result of normal use as defined in Section II.
PERIOD OF USE:
As indicated when booking The Tenant acknowledges having read the Rental Rate mentioned above. The Lessee agrees to pay, in addition to the Rental Rate, additional late fees representing fifty percent (50%) of the Rental Rate for any duration of use exceeding the Period of Use mentioned above.
In addition, the Renter agrees and irrevocably accepts the fact that such late fees will be calculated by rounding up, that is to the next hour, any portion of excess rental time of less than one hour.
DEPOSIT AND DEDUCTIBLE:
A deposit in the amount of $100 is due at the time of reservation. The deposit is transferable to another rental, but is not refundable, except in cases of force majeure. In the event of cancellation of the reservation without notice at least forty-eight (48) hours before the scheduled start of the Period of Use, it is understood between the Lessee and the Lessor that the amount of the deposit will remain acquired of the Lessor and will be applicable to the total cost of the rental, the balance of which will be invoiced and payable;
As indicated when booking.
The Deductible applicable to the selected vehicle is $500.00. The Deductible is paid and guaranteed by credit card: the tenant is responsible for reimbursing any amount exceeding the deductible of $500 assumed by the landlord. The tenant is therefore responsible for checking with his insurer if he (she) is covered for this type of rental.
VEHICLE INSPECTION:
The Lessee declares to have been required by the Lessor to carry out a complete visual inspection of the vehicle prior to its rental and to have carried out such a preliminary inspection of the vehicle in the presence of a representative of the Lessor. The Lessee thus hereby confirms having found that at the time of taking possession, the rented vehicle was clean, in good condition and in good working order. It is thus understood between the Lessee and the Lessor that any defect or breakage of the vehicle noted at the time of taking possession must be recorded in writing and by photo in the reservation system to be validly opposable to the Lessor.
SAFETY AND USE INSTRUCTIONS:
The Renter declares having received, prior to the use of the rented vehicle, all the explanations he required as well as the instructions for use and safety relating to the rented vehicle, including the manufacturer's safety instructions which have been expressly brought to its attention and made available to it by a representative of the Lessor. Total rental cost:
As indicated when booking. I have read, reviewed and understood all of the terms of this Agreement, including the entirety of Section II – Terms and Conditions, attached hereto, to which I fully and unreservedly agree. I declare that I have a valid driver's license or pleasure craft operator card, as the case may be.
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Section II: Terms and Conditions
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DEFINITIONS
Agreement means this Rental Agreement, including Section I - General Information and Section II: Terms and Conditions, which constitute the entire agreement between Landlord and Renter.
Equipment means any vehicle, accessory or other property provided by Lessor and made available to Lessee in accordance with the provisions of this Agreement.
Deductible means the amount indicated in Section I – General Information aimed in particular at covering any material damage or breakage caused to the Equipment during the Period of Use, and which is paid and guaranteed by credit card. The amount of such deductible is taxable, determined at the sole discretion of the Lessor and may vary depending on the vehicle selected.
Renter means the signatory identified in Section I – General Information of this Agreement.
Lessor means Summum Experience Location Inc., a company duly incorporated under the Business Corporations Act (Quebec) and identified in Section I – General Information of this Contract.
Insurance means the amount indicated in Section I – General Information that the Renter undertakes to pay in order to limit his financial liability for damage inflicted on the Equipment during the term of his rental.
Usage Period means the duration mentioned in Section I – General Information, as well as any additional usage time during which the Renter uses the Rented Equipment, including due to a delay.
Rental Rate means the rent that the Lessee agrees to pay for the enjoyment of the Equipment during the Period of Use and corresponding to the rental rate, hourly and daily rate, indicated in Section I – General Information.
RENUNCIATION OF THE LESSEE
The Tenant declares that he is aware of the risks, perils and dangers inherent in the use of any Equipment provided under this Contract, knowing that the practice of this activity is his sole responsibility and involves in particular the risk of serious bodily injury;
The Lessee acknowledges having received all the information required from the Lessor regarding the risks inherent in the use of any Equipment provided under this Contract and voluntarily accepts all possibilities of death, bodily injury, property damage or any other loss that may arise. directly or indirectly from this Agreement or the use of the Equipment by itself or third parties;
In consideration of the foregoing, the Lessee hereby waives any recourse or claim for loss, damage or injury that he, his heirs, liquidators or assigns may have against the Lessor, its directors, directors, officers, employees. , and representatives, arising directly or indirectly from this Agreement, including more particularly and without limitation, the use of any Equipment provided under this Agreement by the Renter or third parties.
EQUIPMENT RENTAL
The Lessor agrees to rent to the Lessee the Equipment in good working order for the rental cost, to which is added the cost of fuel and oil consumed during the Period of Use which are the sole and exclusive of the Tenant, all as described herein and subject to the following conditions:
It will be the Lessee's responsibility to check the condition of the Equipment before and after each Period of Use in the presence of a representative of the Lessor. Having been able to carry out the inspection and having affixed his initials in this regard in Section I – General Information, the Lessee declares himself fully satisfied with the condition of the Equipment and accepts it as is;
At the end of the Period of Use, the Lessee undertakes to return the Equipment in the same condition as when it was taken possession of and in good working order, failing which the Lessee expressly and irrevocably authorizes by the hereby the Lessor to pay the cost of the repairs necessary for the restoration of the Equipment from the Franchise;
The cost of repairs useful for the restoration of the Equipment will in no way be limited to the amount of the Excess and the Lessee will be entirely responsible for them;
At the end of the Period of Use, the Lessee undertakes to return the Equipment in the same state of cleanliness, failing which the Lessee hereby expressly and irrevocably authorizes the Lessor to pay the cost of the cleaning costs. reasonably useful for the repair of the Equipment within the Franchise;
The Excess is returned to the Lessee at the end of the Period of Use, following inspection by a representative of the Lessor, if the Equipment is returned in good condition and the Lessee has complied with all of its obligations arising from the this Agreement;
The rental period for the Equipment described in this Agreement is limited to the Period of Use. If the Lessee fails to strictly respect the Period of Use and returns it to the place of departure within the said period, he will have to pay the Lessor, in addition to the rental cost at the regular rate, late fees. representing fifty percent (50%) of the regular rate for any duration of use exceeding the Period of Use. In addition, reasonable costs may be claimed by the Lessor, at its sole discretion, for any damages caused to it by the failure of the Lessee to return the Equipment within the prescribed period, such as research costs;
The Renter must be at least twenty-one (21) years old, have the ability to contract in his own name and hold a valid driver's license or a valid pleasure craft operator card, as the case may be, and in force in the territory of the province of Quebec and not currently subject to any sanction or suspension;
The Lessor may, at any time during the Period of Use and at its sole discretion, check the condition of the Equipment and make repairs or replace the Equipment. The Lessee then undertakes to accept any similar or equivalent Equipment in replacement of the Equipment referred to in this Contract;
The Landlord may, at its sole discretion, suspend the rental under the terms of this Contract if it deems it appropriate, in particular for security reasons or if the weather conditions so require.
EQUIPMENT USE
The Lessee hereby acknowledges having been duly advised by the Lessor of the fact that before the first Period of Use, it is strongly recommended that the Lessee familiarize themselves with the use of the Equipment and the indications for use appearing therein. , including the vehicle start-stop systems and the emergency stop system;
The Lessee undertakes to use the Equipment in accordance with the standards described below:
Never use or allow the Equipment to be used by anyone who is impaired or under the influence of alcohol, drugs, medication or other substances;
Never use or allow the Equipment to be used for the transport of persons or goods for remuneration;
Never use or allow the Equipment to be used in any illegal or criminal activity;
Fully comply with applicable laws, regulations and codes;
Never allow another person to use the Equipment or to have control of it, without having obtained prior authorization from the Lessor;
Have at all times in his possession a driver's license with the class corresponding to the rented vehicle, or a pleasure craft operator card, as the case may be, valid and in force;
Circulate only in places authorized by the authorities and by the Landlord;
Use the prescribed safety accessories at all times;
Follow the manufacturer's instructions for use and safety instructions;
Never follow another vehicle too closely;
Carry out any turn or maneuver with great care, and refrain from doing any acrobatics, sudden acceleration, racing or competition whatsoever;
Do not damage or modify the Equipment;
Never leave the engine idling for long periods;
Follow any other instructions that may be given by a patroller, the Landlord or any other person in authority;
The Lessee agrees not to use the rented Equipment outside the limits of the territory of the province of Quebec, nor on private land to which access is prohibited. In the event of breach of this commitment, the Lessor disclaims any form of liability and the Lessee will be solely and solely responsible for any damage that may result therefrom and this, to the entire exoneration of the Lessor and/or subject to compensation for this latest;
In case of rental of a boat, the Tenant declares to have read and understood the map of the navigable territory made available to him on board the boat and expressly brought to his attention by a representative of the Lessor and undertakes not to not leave the navigable area indicated on this chart with the Equipment;
The Renter may not, under any circumstances, attach anything to the rear of the Equipment to be pulled or towed;
The Lessee may not, under any circumstances, have the Equipment towed or pulled, without first notifying and/or obtaining the Lessor's authorization;
ASSIGNMENT
The Lessee may not assign this Contract or the benefits arising therefrom without the prior written authorization of the Lessor. In the event that the Lessor consents to an assignment of the Contract by the Lessee, the obligations of the Lessee under the terms of this Contract shall not be diminished and the latter shall remain fully and jointly and severally liable for compliance, with its assignee, with the terms of this Agreement.
LESSEE'S RESPONSIBILITY
Renter is required to use the Equipment with care and diligence at all times during the Use Period;
The Renter is responsible for any consequence, fine, penalty, damage or loss that may arise from his failure to comply with applicable laws, codes and regulations;
The Lessee undertakes to indemnify the Lessor for any material damage or breakage caused to the Equipment during the Period of Use and resulting from the failure on its part to comply with the obligations incumbent on it under the terms of this Contract. In this regard, the Lessee acknowledges that his liability is in no way limited to the amount of the Excess;
The Lessee also undertakes to notify the Lessor without delay of any accident and of any defect, deterioration, material damage or breakage occurring with respect to the Equipment during the Period of Use;
The Lessee agrees to indemnify the Lessor and the representatives of the Lessor against any loss, expense (including judicial and extrajudicial fees), liability, claim, suit or action resulting from any direct or indirect violation of the obligations provided for in this Contract;
The Renter declares to hold valid and sufficient liability insurance to cover material damage or breakage caused to the Equipment for an amount exceeding the Deductible, as well as civil liability insurance for all damage caused to third parties during the use of the 'Equipment. Failing this, the Lessee undertakes to take out such temporary insurance and to keep it in force for the entire Period of Use;
LESSOR'S RESPONSIBILITY
The Lessor's liability is limited as set out in this Agreement. Indeed, the Lessor does not grant or assume any other guarantees, duties, responsibilities, whether verbal, statutory, or otherwise towards the Lessee or third parties.
The Lessor shall in no event be liable for compensatory or punitive damages, direct or indirect, due to, but not limited to, injuries or damages inflicted during the use of the Equipment or any other claim resulting from this Contract.
FAULT
In the event of the Tenant's failure to comply with all of the obligations incumbent on him under the terms of the Contract, the Tenant acknowledges that the Lessor may terminate this Contract without reimbursement or the possibility of a claim on the part of the Tenant.
APPLICABLE LAW AND LOCATION
The Contract will be interpreted in accordance with the laws and regulations in force in Quebec, the parties hereby expressly submit to the jurisdiction of the courts of the judicial district of Mégantic.
TERMS AND CONDITIONS
The Contract can only be modified by a written agreement duly signed by both parties. No waiver of any provision of the Agreement shall be binding on the parties unless signed by duly authorized representatives of both parties. Waiver of any particular provision shall not affect the other provisions and failure to exercise any right under this Agreement shall not constitute waiver thereof;
Section headings are for convenience and may not be used to interpret this Agreement;
This Agreement binds the parties, as well as their respective successors, heirs, liquidators and assigns;
ACCEPTANCE
The Tenant declares to have read all the provisions of this Contract and to understand their scope. The Tenant acknowledges that a signed copy of this Contract has been given to him and that sufficient time has been granted to him to read it and consult, if necessary, a legal adviser of his choice before signing it.