TERMS OF SERVICE

Vancity Slingshot Rental Inc. and its agents and affiliates (collectively, the “Company”, “We”, “Us”, or “Our”) own and operate the website https://vancityslingshot.com/ (the “Website”). These terms and conditions (the “Terms”) comprise an electronic contract that establishes the legally binding terms and conditions you (“You”, “Your”, or the “Renter”) must accept when You access or use our Website and any and all services offered by us (“Services”), including specifically the rental of a Polaris Slingshot (the “Vehicle”) through this Website (the “Rental”).

These Terms are designed to be read in connection with our Privacy Policy, which is available at [INSERT LINK WHEN AVAILABLE].

By accessing or using the Website and/or Services or submitting a Rental booking You accept and agree to the terms, conditions and notices contained or referenced herein and consent to have the terms, conditions and all notices provided to You in electronic form.

If You breach any provision of these Terms, Your right to access and use this Website and the Services will cease immediately.

 

1. DISCLAIMERS

• By accessing the Website and placing Your order, You acknowledge and agree that:

• Your use of the Website is at Your own risk. The Company fulfills orders on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied.
• Any content or information that You transmit is at Your sole discretion and risk. You are solely responsible for any loss or damage that may arise from such transmittal. We are not responsible for any incorrect, inaccurate or unreliable content in connection with the website.
• We are not responsible for any user’s conduct, whether online or offline.
• We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication failure, theft or destruction or unauthorized access to, or alteration of the Website.

• We do not guarantee that:

• the Website will meet Your requirements;
• access to the Website will be uninterrupted, timely, secure, or error-free;
• the quality or reliability of the Website will meet Your expectations;
• defects will be corrected;
• the content is or will be free of viruses; and
• any information You provide to us or we collect will not be disclosed to third parties.

2. BOOKING

• By agreeing to these Terms and Conditions, You agree that You:

• are 19 years of age or older;
• hold a current valid driver’s license;
• do not and are not suffering from any physical disability, defective vision or hearing, or substance use which may impair Your driving abilities;
• the Company has made You no warranty of any kind as to the quality and manufacture, safety, drivability, or fitness for any particular purpose of the Vehicle;
• accept the Vehicle in its “as is” condition with all faults;
• acknowledge that riding the Vehicle is a dangerous activity, the Vehicle has not been put through crash safety testing, and taking part in this activity this activity involves a high risk of serious bodily injury or death;
• accept all risks and liabilities of this activity knowing that the Company does not provide medical insurance and has advised you that serious injuries can be financially devastating;
• agree that you are responsible for all damage to and retrieval costs of the Vehicle, including damage caused by weather, acts of god, or terrain conditions.

• To complete Your booking on the terms submitted to the Company via the Website, which form part of this agreement, the Company requires all of the following:

• full payment of the initial Rental fee;
• a valid credit card in the Renter’s name for the Renter’s file with the Company;
• the pre-authorization of a security deposit in the amount of $500 (the “Security Deposit”);
• an executed Voluntary Release of Liability, Waiver of Claims, Consent to Risks, and Media Release Agreement (the “Waiver”) to be provided 24 hours before the start of the Rental and which must only be submitted within 30 minutes of the start of the Rental in person or via email; and
• to complete a Condition of Vehicle Checklist with the Renter immediately before the Rental begins.

• The agreement will terminate on the return date and time specified in the completed booking unless terminated earlier by the Company. In the event Vancity Slingshot terminates the agreement earlier, the Renter may be entitled to a pro rata refund of the rental fee Balance for the days not used if the Renter is not in default of any term of this agreement.

3. PICK UP, USE, AND RETURN

• The Vehicle may be picked up and returned to 9388 Odlin Road, Richmond, BC V6X 0L5 (the “Rental Location”) any time between 8:00 a.m. and 11:00 p.m. (the “Hours of Operation”) in accordance with Your booking. You will not be entitled to a refund or discount if you are late in picking up the Vehicle.

• You will pick up the Vehicle at the Rental Location together with any and all who will ride with You in the Vehicle so that the Company may provide each rider with an appropriately sized full face DOT helmet that conforms with the Federal Motor Vehicle Safety Standard No. 218; Motorcycle helmets (United States of America) (the “Safety Gear”).

• You and Your riders will wear the Safety Gear while the Vehicle is in operation.

• You will only refuel the Vehicle with premium grade fuel.

• You will return the Vehicle and the Safety Gear in the same condition as it was received, reasonable wear and tear expected. Where You fail to return such items according to these terms You will be liable for the full replacement cost of such items.

• You will return the Vehicle with the same amount of premium fuel that was in the Vehicle when it was initially rented. If the Vehicle is returned with less premium fuel, You will be charged the fuel premium rate on the day of return of the nearest fuel station to our home office plus $0.50 per litre for the difference. No refunds will be given if the Vehicle is returned with excess premium fuel.

• We are not responsible for any loss or damage to your personal property or that of any other person that we received, handled, or stored because it was left, or carried in, or on the Vehicle or the Rental Location, whether or not the loss or damage was caused by our negligence.

4. RESTRICTIONS ON USE

• You will NOT carry passengers:

• who have not executed the Company’s Waiver in connection with Your Rental;
• who are not wearing the Safety Gear or the Vehicle’s seatbelt; or
• who have consumed alcohol, drugs, or ingested any substances that would/could adversely affect Your ability to operate the Vehicle.

• You will NOT operate the Vehicle or permit it to be operated:

• by any person who is not wearing the Safety Gear;
• by any person who does not hold a current valid driver’s licence, or who has not entered into an agreement with the Company, or has not executed the Company’s Waiver in connection with Your Rental;
• while any passenger fails to abide by motor vehicle driving rules and regulations or the terms of the Waiver;
• to transport a person under the age of 12;
• to carry passengers or property for hire;
• for any race, test, or contest;
• to push or tow any other vehicle;
• to transport any animal in the Vehicle (with the exception of guide dogs for visually impaired people);
• to commit a criminal act or for an illegal purpose;
• in violation of any laws, including but not limited to: driving under the influence of alcohol, narcotics, intoxicants, or drugs, used with or without a prescription;
• in breach of motor vehicle driving rules and regulations, including failure to wear a seatbelt or while using a hand-held wireless communication device such as a mobile phone;
• for the transport of more passengers or goods than the maximum allowable for the Vehicle or to carry hazardous or explosive substances of any kind; or
• to trespass on any property or to be driven or parked on roadways not regularly maintained, or on any roads, beach, driveway, or surface likely to cause damage to the Vehicle.

• You will not smoke or allow anyone to smoke inside the Vehicle.

• You will not drive or transport the Vehicle outside the province of British Columbia.

• Where the Renter is found to be in violation of this section 4, the Renter agrees that this constitutes a material breach of this agreement and the Company will be entitled to terminate this agreement forthwith.

5. ADDITIONAL CHARGES AND SECURITY DEPOSIT

• The Renter understands and agrees that he or she may be liable for additional charges, and authorizes the Company satisfy these charges without further notice to the Renter by deducting the charge from the Renter’s Security Deposit and charging any remaining balance to the Renter’s credit card on file, including but not limited to:

• any additional optional services such as the Loss Damage Waiver;
• surcharge for authorized additional drivers;
• applicable taxes and bank charges;
• theft and damage costs;
• specialist cleaning charges;
• loss of use;
• diminution of the Vehicle’s value;
• and costs to enforce such charges including administrative fees for processing any claims and legal expenses arising from any prohibited conduct or Restrictions on Use under the terms of this agreement;
• all fines, penalties, traffic and/ or parking violations, court costs, towing charges and other expenses relating to the Vehicle assessed against Vancity Slingshot or the Vehicle during the Rental Period; and
• all expenses Vancity Slingshot incurs due to Renter’s failure to return the Vehicle including costs in locating and recovering the Vehicle.

• The Renter will be charged a $75 fee for returning the Vehicle outside of the Hours of Operation.

• The Renter will be charged a $75 late fee if the Vehicle is returned between 10 minutes to an hour past the return time set out in the booking; after an hour, the Renter will be charged a total of $150 for their late return.

• In the event the Vehicle is impounded by the police as a result of any misconduct of the Renter or in violation of the Restrictions on Use, the Renter will be liable to pay Vancity Slingshot loss of use for the time the Vehicle is not accessible to Vancity Slingshot. The rate will be 100% of the daily rental rate for the first 7 days and 70% of the daily rental rate for any days thereafter.

• We have the right to charge a $250.00 processing fee for forwarding of any traffic violations and parking offences to You.

• You are responsible for maintaining the Vehicle in a reasonably clean and sanitary condition. Where You fail to return the Vehicle according to these terms and there is, for example, odor or visible mess, or You will be charged a cleaning fee of $200.00.

• You are responsible for all damage to the Vehicle, including damage caused by weather, acts of God or terrain conditions.

• Security Deposits will be refunded in full within 15 days of the termination of this agreement if no additional charges or damages have occurred during the Rental.

• Any non-payment of fees or fines will bear interest at a rate of 18% per annum, or the maximum amount allowed by law, for any monies which remain owing after termination of the Rental Period.

6. VEHICLE MAINTENANCE

• The Company regularly maintains and adjusts the Vehicle including, and not limited to the Vehicle’s Brakes, Throttle, Steering, Suspension, Electronics, Cooling System and Fuel System. Such maintenance and adjustments are to be performed by individuals approved by Company only. Failure to comply with these rules will result in partial or full forfeiture of Your Security Deposit and constitutes a material breach of this agreement. You agree that if You feel something is out of adjustment or needs attention in any way, the vehicle is to be returned to the rental facility where it can be attended to by individuals approved by Company.

7. MECHANICAL BREAKDOWNS, COLLISIONS, OR THEFTS

• If the Vehicle is involved in an accident, is damaged, breaks down or requires repair or salvage, regardless of cause, the Renter must contact the Company immediately. The Renter must not arrange or undertake any repairs or salvage without our authority (this includes, but is not limited to, purchasing replacement tires) except to the extent that repairs or salvage are necessary to prevent further damage to the vehicle or to other property.

• If the Renter has reasonable cause to believe that the Vehicle is stolen, they must contact the Company immediately.

8. INSURANCE

• We provide mandatory third-party liability insurance in the amount of $2,000,000 as part of the daily rental rate (the “Policy”). The Policy also offers roadside assistance. For further information about the Policy, please reach out to the Company.

• In addition to the insurance coverage, the Renter has the option to purchase Loss Damage Waiver from Vancity Slingshot (“LDW”). LDW is not insurance but a waiver of Vancity Slingshot ‘s right to collect from the Renter or other Authorized Driver(s) for the loss or damage to the Vehicle. If the Renter purchases LDW, Vancity Slingshot agrees, subject to the actions that invalidate LDW listed below, to contractually waive the Renter’s responsibility for all or part of the cost of damage to, loss or theft of the Vehicle or any part or accessory and any related costs regardless of fault or negligence, up to the full value of the vehicle including administrative and loss of use fees less the applicable deductible. Notwithstanding the foregoing, LDW does not provide protection for lost keys or key fobs, or any optional services. The following will invalidate any LDW plan:

• if the Vehicle is damaged when used or driven in violation of the Restrictions on Use;
• if Renter misrepresents facts to Vancity Slingshot pertaining to rental, use, or operation of the Vehicle;
• if Renter fails or refuses to provide Vancity Slingshot, police, or other authorities with a full report of any accident or vandalism involving Vehicle or otherwise fails to cooperate with Vancity Slingshot, police, or other authorities in the investigation of any accident or vandalism; or
• if the Vehicle is stolen and Renter fails to:

1. inform Vancity Slingshot as soon as possible;
2. return the original ignition key of key fob; or

• cooperate fully with Vancity Slingshot, police or other authorities in all matters connected with the investigation of the theft.

• We recognize that major credit cards and Canadian personal car insurance policies may provide insurance. It is Your responsibility to ensure that such coverage covers the Vehicle, such that the Vehicle meets the definition of automobile and otherwise satisfies the terms of the coverage. In other words, the Vehicle is a “Slingshot Autocycle” and not all rental/credit card insurance plans cover these kinds of vehicles. If You elect to use Your own automobile or credit card insurance, the Renter is solely responsible for any and all costs not covered by his or her insurance. If You elect to use Your own automobile or credit card insurance, and the Vehicle is covered under such policy, You hereby grant and appoint to the Company a limited power of attorney:

• to present insurance claims to Renter’s insurer and/or credit card if:
  1. the Vehicle is damaged, lost or stolen, and where the Renter fails to pay for any such damages; or
  2. any liability claims against Vancity Slingshot that arise in connection with this agreement that are not already indemnified by the Renter; and
• to endorse Renter’s name for Vancity Slingshot to receive insurance or credit card payments directly for any such claims, liabilities or rental charges

9. GPS TRACKING

• The Renter acknowledges that the Vehicle is equipped with a gee-location system used to locate the Vehicle. Vancity Slingshot has the right to access the Vehicle’s GPS in the event it is:

• stolen;
• not returned by the Renter;
• involved in an accident; or
• damaged as a result of a deliberate breach of the Restrictions on Use.

10. INDEMNITY

• You agree to defend, indemnify and hold the Company and each of our and their directors, officers, managers, partners, agents, other representatives, employees (each an “Indemnified Party” and collectively, the “Indemnified Parties”), harmless from any claim, demand, action, damage, loss, cost or expense incurred in connection with any investigation, claim, action, suit or proceeding of any kind brought against any Indemnified Party arising out of Your use of the Website, any injury or damage to property or person, any act by You in connection with any user of the Website or any other third party, or alleging facts or circumstances that could constitute a breach by You of any provision of these Terms.

• You agree to defend, indemnify and hold the Indemnified Parties harmless from any claim, demand, action, damage, loss, cost or expense incurred in connection with any investigation, claim, action, suit or proceeding of any kind arising in connection with Your Rental and use of the Vehicle, except to the extent that such proceeding is caused by the Company’s gross negligence or wilful misconduct.

• You agree that all representations, warranties, responsibilities, or other obligations of the Company with respect to your booking are intended for Your sole benefit. If the Vehicle is driven by an unauthorized driver or Your use is otherwise in contravention of the Restrictions on Use or is otherwise in any way inconsistent with the Company’s records, without the express written consent of the Company, You agree to release the Company from any and all obligations under this agreement, and You agree to indemnify the Company from all claims, losses, damages, costs or causes of action arising out of or resulting from such sale, transfer, or use.

• You agree that these indemnity provisions will survive the termination of this agreement.

11. THIRD PARTY LINKS

• We may provide links through the Website to the websites of third parties. These websites are owned and operated by third parties over whom we do not have control. We have not reviewed all of the sites linked through the Website and accept no responsibility for the contents or use of third party websites. The inclusion of any link does not imply endorsement by us of the website. Use of any such linked websites is at the user’s own risk. Any links to third party websites are provided for Your interest and convenience only. We are not responsible or liable for any loss or damage You may suffer or incur in connection with Your use of any third party websites or for any acts, omissions, errors or defaults of any third party in connection with their websites.

12. DISPUTE RESOLUTION

• In the event a dispute arises out of or in connection with these Terms, the issue will be referred to mediation on notice by one party to the other, with the assistance of a neutral mediator jointly selected by the parties. If the dispute cannot be settled within thirty (30) days after the mediator has been appointed, or within such other period as agreed to by us in writing, either party may commence a legal action in any British Columbia court.

13. CHANGES TO THE TERMS OF USE

• These Terms may be changed, removed, added to, or otherwise modified by us from time to time at our sole discretion. Any such modifications we may make to our Terms in the future will be posted on our Website. Such modifications will become effective upon posting on the Website. We will notify You of changes to the Terms through notices on the Website, by email, or by both. To withdraw Your consent, You must cease using the Website. The date these Terms were last revised is identified on the top or bottom of this page. Please bookmark this page and check back frequently to see any updates or changes to our Terms.

• Your continued use of the Website or the Services, subsequent to any modifications to these Terms, signifies that You accept the modified Terms.

14. GENERAL

• We will not be liable for any failure or delay in performing under these Terms where such failure or delay is due to causes beyond our reasonable control, including natural catastrophes, governmental acts or omissions, laws or regulations, terrorism, labour strikes or difficulties, communication system breakdowns, hardware or software failures, transportation stoppages or slowdowns or the inability to procure vehicles, supplies or materials.

• These Terms will be governed by, and construed under, the laws of the Province of British Columbia.

• In the event that any portion of these Terms are held to be unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect its original intentions and the remainder of the provisions will remain in full force and effect.

• This agreement may not be assigned by the Renter without the prior written consent of Vancity Slingshot.

• No failure or delay by either party in exercising any right under these Terms will constitute a waiver of that right.

• All payments under this agreement must be submitted in Canadian or United States dollars.

• These Terms of Service and the Privacy Policy constitutes the entire agreement between You and the Company in respect of your use of the Website and the Company’s Services and supersedes and cancels all prior or contemporaneous discussions, writings, negotiations, and agreements whether electronic, oral, or written between You and us with respect to the Website or the Services.

• This agreement may not be amended or modified except in writing or by making such amendments or modifications available on this Website.

15. CONTACT US

• If You have any questions or concerns regarding these Terms, please e-mail us at info@vancityslingshot.com or call us at (204) 915-8828.

• You can also deliver registered mail to us at 9388 Odlin Road, Richmond, BC V6X 0L5.

 

16. Effective Date

• Effective as of [LAST REVISION DATE].