Jaco Beach Golf Cart terms & conditions

Lease Agreement clauses:

First: Jaco Beach Golf Cart here in after “LESSOR” in his capacity as owner, leases to the lessee, and he receives it as such, the vehicle described in the back of this agreement in good mechanic conditions, interior and exterior cleanliness, bodywork and paint, and the equipment and fittings detailed in the attached sheet denominated “physical cheek” of the vehicle, which, for legal effects shall become an integral part of this agreement. The lessee commits to maintain it and return it in the same conditions it is being delivered.

Second: The lessee shall be fully responsible for the payment of damages (overturns and collisions) to the leasing company, if he uses or allows any third party to use the vehicle, against any legal provision or anything established in this agreement, or if he uses it or allows anybody to use it in an abusive way, so as to causing damage to it.

Third: The lessee be fully responsible for the payment of the vehicle in case of loss or theft.

Fourth: The lessee shall use the leased vehicle solely for the transportation within Jacó Down Town. It use shall be personal, and he cannot sublease it or use it for the paid transportation of people or things. It cannot be driven by anybody different from the lessee or the person he designates as it additional driver; and he cannot otherwise dispose of the vehicle, except if he has LESSOR´s written consent. It cannot be used in events or competitions of any kind (except Golf and related activities), nor introduced in rivers, beaches, marshes or oceans.

Fifth: The duration of this agreement is stipulated under “date in” Upon expiry of this term, and unless expressly extended by LESSOR, the lessee commits to return the vehicle at the same offices where he subscribed this agreement, or at any other authorized company´s office.

Sixth: The lessee shall be responsible to paying to LESSOR all chargers, ´pursuant to the headings set forth in the back of this agreement, such as leasing time, taxes, and any others that apply. These charges shall be fully paid in advance, when delivered by LESSOR. In case of arrears in payment for any reason, the leasing rent and other chargers shall continue running until fully paid. In addition, default interests of 5% monthly shall be charged over the amount owed at the time the debt should have been paid.

Seventh: Following are the lessee´s obligations, without prejudice to any established here in:

a) Being 18 years of age and have valid driving license

b) Carry this agreement at all times.

c) Not to overload the vehicle, that is, use it in relation to its capacity and resistance authorized by LESSOR.

d) Being completely sober when driving the vehicle. This must be understood as refraining from ingesting drugs or alcohol of any kind and in any proportion.

e) Taking care of the vehicle as his own, and attend to his maintenance regarding daily load and water in the batteries.

f) Drive the vehicle solely and exclusively within Jacó Down Town, therefore, it is strictly forbidden to circulate in public route #34 (Costanera Sur road or Pacífica Fernández Road) or drive to Los Sueños Resort or Playa Hermosa. If cart it is found to be in one of those places, we agree to immediately surrender to LESSOR and will not receive any compensation or return of deposit or funds.

g) Not to take the vehicle out of Costa Rica.

h) Respect the traffic laws and the regulations established by the competent authorities.

i) Promptly notify the LESSOR of any accident or event that might occur.

j) Not to carry any kind pf flammable materials inside the vehicle.

k) In case of accident or damage, the lessees are obligated to attend a public or private hospital within the national territory for a medical examination. In case of failure to fulfill this obligation, the lessee releases the LESSOR from liability.

Eight: In case of accident or damage to people, to third parties or their property, due to failure to comply with the obligations imposed herein, the lessees shall be liable and shall pay LESSOR all the amounts related, paid in or out of court, plus interests and entirely independent of the damages to be cover for third parties for damages caused.

Ninth: In case the lessee was covered by an insurance policy, and it was found to be invalid or inapplicable for reasons imputable to the lessee, as provided herein, the lessee shall be obligated to forthwith pay for the acquired responsibilities, plus legal fees, costs and related expenses. If the accident is actually covered by the insurance policy, the lessee shall be obligated to pay for the deductible sum; and if the damage is less than the deductible amount, then lessee shall be pay for it.

Tenth: The lessee shall be responsible for the payment of all damages to the LESSOR. This includes if LESSEE uses or allows any third party to use the vehicle, against any legal provision or anything established in this agreement, or if he uses the vehicle or allows anybody to use the vehicle causing damage. Examples of common chargers are:

1- Broken or damaged windshield $275.00

2- Lost Keys require a new ignition $50.00

3- Rear platform $300.00

4- Side Rails (armrests) $120.00

5- Lost or stolen license plates (tags) – up to $500.00

6- Body damage Front – up to $300.00

7- Body damage Rear – up to $300.00

8- Drained battery – service call $50.00

9- Towing – $100.00

10- Driving on Highway or beach – $100

Eleventh: The following shall be paid the lessee, the payment of these damages without prejudice to others established herein:

a) The damages caused to the vehicle, its equipment or fittings, while under lease.

b) The damages caused to himself and other occupants of the vehicle, for causes imputable to the lessee.

c) The damages caused by the vehicle to third property, for causes imputable to the lessee.

d) The sanctions imposed by the competent authorities for offenses against the traffic laws.

e) The amount of all kinds of fines, crane services, in and out of court expenses, resulting from offenses against traffic laws, damages, accidents or others, imposed against the leased vehicle at any time throughout the duration of this agreement.

Twelfth: Upon signature of this agreement, the lessee shall be pay to LESSOR, in the amount set forth as “Guarantee Deposit” as performance bond regarding the terms and conditions of care established herein. LESSOR shall use such sum to pay for all the owned amounts resulting from the breach of the aforesaid terms, without need of prior notice, requirement or formality of aby kind. Therefore, any balance to be paid by the lessee shall be immediately become due and payable.

All chargers shall be subject to a final audit. In case, any error was found in the original calculations (leasing days, extra charges, etc.). The lessee shall pay for the corrected charges, thus authorizing LESSOR to correct any charge in the credit card signed by the client, reflecting the correct charge.

Thirteenth: The lessee commits to strictly abide by the stipulations and commitments established herein. Failure to comply shall entitle the LESSOR to file the corresponding civil or criminal actions, without prejudice to the respective indemnifications.

Fourteenth: Both parties hereby submit to the jurisdiction to the judges or the Republic of Costa Rica, as provided in article forty-six of the code of civil procedure.

Fifteenth: Any claim or denunciation concerning any party, regardless of their origin, must be report to the insurance company within 2 days after the accident occurred. The same applies in case of any type of injury caused to people. After this term, the insurer shall not accept any claim, and the lessee shall not be entitled to the insurance coverage, without exception. Therefore, LESSOR shall not be responsible if the lessee does not comply accordingly. The insurance policy shall not cover any accident. If the lessee drives the vehicle in a negligent, dangerous or unlawful away, or against the provisions of this agreement. In that case, the lessee shall be fully responsible for all loses or damages of any nature, direct or indirect, caused both to the leased vehicle or to third parties or their property.

Sixteenth: According to the foregoing clauses, the client accepts that any claim, legal proceedings, suits, etc., resulting from this lease agreement, can only be litigated, dealt or processed in the Republic of Costa Rica. Therefore if filed before any court elsewhere in the world, they shall be null and void, and without any legal foundation, for resorting to the wrong jurisdiction.

Seventeenth: I hereby declare that I have carefully read and understood the foregoing clauses, as well as those on the back of this document, which I accept unconditionally by signing here ______________________ in the city of Jacó, on the date and time set forth on the back.

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