Rental Terms & Conditions
Terms and Conditions
Conditions Of Rental
The term “equipment” means any and all types of items provided for rent from Sundance Bike Rental, LLC to Customer. Equipment is leased to Customer and no transfer of right, title, or interest is given and equipment shall remain the property of Sundance Bike Rental, LLC. The term “Customer” means the person listed in the rental agreement and all others for whom they obtained equipment. The person listed in the rental agreement warrants and affirms they are over 18 years of age and have the right to bind and agree to these Terms and Conditions for ALL members of their group.
Waiver Of Liability- Assumption of Risk
Customer is aware that Biking and rental of Biking equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, trees, roots, tree stumps, lagoons, and man-made structures such as bridges, ladders, berms; changing weather conditions; exposure to temperature extremes or inclement weather; travel and transport to and from sites used for Biking; travel on paths, roads, and highways; encounters with domestic and wild animals; collision with pedestrians, motor vehicles, and cyclists; becoming lost or separated from one’s party; negligence of other participants; and NEGLIGENCE ON THE PART OF SUNDANCE BIKE RENTAL, LLC AND MANUFACTURES AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF SUNDANCE BIKE RENTAL, LLC TO SAFEGUARD OR PROTECT CUSTOMER FROM THE RISKS, DANGERS AND HAZARDS OF BIKING AND ELECTRIC BIKING AS A RESULT OF CUSTOMER’S USE OF THE EQUIPMENT. FUTHERMORE, CUSTOMER IS AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BIKING AND THE RENTAL OF BIKING EQUIPMENT AND CUSTOMER FREELY AND FULLY ASSUMES ALL SUCH RISKS, DANGERS AND HAZARDS, BOTH KNOWN AND UNKNOWN, AND THE POSSIBIILTY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM. In consideration of services or equipment provided, Customer, on behalf of their heirs, successors, assigns, next of kin, and personal representatives, do hereby release and forever discharge and hold harmless Sundance Bike Rental, LLC, its DBAs, principals, directors, trustees, officers, owners, agents, and employees from all liability arising out of the activity and waive any claim for damage arising from any cause whatsoever, including but not limited to all personal, bodily or mental injury, disability, death and loss or damage to person or property, whether caused by the negligence of the those persons released or otherwise. Customer also agrees to indemnify and hold harmless Sundance Bike Rental, LLC, its DBAs, principals, directors, trustees, officers, owners, agents, and employees from all claims, judgments and costs, including attorney’s fees, incurred in connection with any action brought as a result of Customer’s use of equipment.
Helmets
Sundance Bike Rental, LLC recommends Customer use a helmet when riding a bicycle of any type. Helmets are available for use or Customer may provide their own. Customers who do not use a helmet do so at their own will and at their own peril.
Use Of Equipment
Customer agrees to use equipment in a safe manner and in accordance with all South Carolina traffic laws and regulations as well as the regulations of the Town of Hilton Head and neighborhood requirements. Customer shall not use phones or cameras while riding. Customer shall not subject equipment to any body of water, including the ocean, and is responsible for all water damage. Customer shall only ride on open paths, trails and roads and shall not trespass. Customer agrees not to modify, change, add, or remove items from equipment. Customer is responsible for the safe use of equipment for all members of its group and shall ensure their safe use of equipment. Customer understands how to use the equipment. Customer understands that bikes do not have lights and that Customer agrees to ride at dusk and at night at their own risk. Customer agrees no child will be left unattended in any child seat, carrier, highchair, pack and play, crib, or any other equipment. Customer agrees to comply the minimum/maximum age and weight standards listed in Sundance Bike Rental, LLC, online order page.
Payments
All payments shall be made in full at the time of order. Orders may be canceled up to forty-eight (48) hours prior to delivery date. After that time, all orders are final and no rain checks or refunds will be given. Once equipment is delivered, should Customer not be able to utilize equipment for the full rental period for any reason, no refund for unused time will be given. All sales are final and no refunds or returns for rented or purchased items.
All purchases online include tax and 3.5% convenience fee. Items purchased with cash at our physical location receive a cash discount of 3.5%
Delivery, Ride Off, & Pickup
Delivery and pick-up of equipment is included on all orders over a two (2) day rental within the traditional tourist destination areas of Hilton Head. Delivery fee to areas outside of the traditional tourist areas is $25 each trip plus any applicable gate fees. Sundance Bike Rental, LLC reserves the right to include delivery at a lower amount or refuse to deliver to non-tourist areas at its sole discretion. Sundance Bike Rental, LLC may add the Sea Pines bike fee on the invoice, if not added by customer at time of order. Should there be a gate fee associated with entrance to a private neighborhood for which Sundance Bike Rental, LLC does not have a commercial pass, Customer shall provide a pass or pay the cost associated with obtaining such pass. Customer must provide delivery address at time of order.Customer may ride off from Sundance Bike Rental, LLC’s facility at 71 Pope Avenue, Suite A Hilton Head, SC 29928. No ride off rentals are allowed from any other location. We will begin pickup as early as 8:00 AM so please ensure the bikes and equipment are locked where we left them. If we attempt to pick up the items and they are not available, we will charge an amount equal to the current 1 day rental rate on all items listed in the order as a fee for the second trip. During times of high demand, Sundance Bike Rental, LLC reserves the right to deliver orders for Saturday delivery the following Sunday morning without any discount owed to or right to cancel by Customer.Customer agrees Sundance Bike Rental, LLC has the right to terminate this agreement and the rental contract at any time due to Customer’s actions or improper conduct and re-take possession of equipment. Sundance Bike Rental, LLC and its DBAs may enter the property or premises where equipment is located to effect its return without liability for trespassing.
Customer Inspection
Customer agrees and acknowledges they are to inspect equipment upon receipt and should they find any equipment not in proper mechanical or aesthetic condition, they shall immediately notify Sundance Bike Rental, LLC. Upon use of equipment, Customer accepts the condition of equipment as is, agrees it is in proper functioning condition, and accepts responsibility for the care of equipment while in Customer’s possession. Customer further understands equipment may not have visibility enhancement equipment, such as reflectors, blinking lights, or other lights, and agrees to use of equipment in its delivered condition.
Responsibility For Damage, Loss And/Or Late Return.
Customer agrees that they will return equipment in the same condition as it was at rental, normal wear and tear excepted. Customer assumes liability for any and all damage or loss of equipment and damage or loss to personal property, accident/injury to other persons related to the use of equipment. It is Customer’s responsibility to prevent damage, loss, or theft of equipment. Customer shall not misuse or abuse equipment and agrees to not subject equipment to any water, unsafe use, use while under the effect of alcohol or drugs, and not assign its rights to use of equipment. Customer shall comply with all laws, ordinances, and regulations governing use of equipment and return equipment to the same location as it was delivered to them at the end of their rental period clean and undamaged. Customer is responsible for the cost of excessive cleaning and to repair any damage to equipment while in Customer’s possession at the normal shop rate plus retail cost of repair parts required to return equipment to is condition at time of rental. Customer agrees any bicycle ridden in wet sand is subject to a minimum $75 cleaning and repair charge. Should equipment be lost or stolen, Customer agrees to pay the current replacement cost unless the loss/damage waiver was chosen at time of order. There are no warranties, expressed or implied, in connection with the use of the rented equipment. Should equipment not be returned or available for pickup at the agreed day and time, Customer shall be charged an additional fee equal to the one day rental rate for all items on the order. Customer agrees Sundance Bike Rental, LLC may charge the credit card on file for any damage, loss, or late return fees.
Choice Of Law And Venue.
The rental and this agreement shall be governed and interpreted solely in accordance with the law of the State of South Carolina. Any litigation involving the use of equipment shall be brought solely within the State of South Carolina and shall be in the exclusive jurisdiction of the courts of Beaufort County South Carolina. If any provision is deemed invalid or unenforceable, the remainder of this agreement remains in full force and effect.
Consent To Contact
Customer agrees that Sundance Bike Rental, LLC, its DBAs, employees, and marketing partners may contact Customer utilizing information provided by Customer. Customer confirms that the information provided is correct and is responsible for updating information as it changes. Customer has the right to opt out of any marketing contact by notifying Sundance Bike Rental, LLC in writing of its request to be removed. Sundance Bike Rental, LLC may contact Customer for reasons related to its rental of equipment irregardless of marketing preference.
Acceptance Of Terms And Conditions
Customer understands and agrees to its acceptance of Sundance Bike Rental, LLC’s Terms and Conditions by either checking the acceptance box during online or by signing; having the Terms and Conditions link emailed to Customer with their confirmation email; and/or through their use of equipment constitutes the equivalent of a legal signature confirming their agreement to all Terms and Conditions set forth in this agreement. Should Customer not agree with these Terms and Conditions, Customer shall not utilize any equipment and immediately contact Sundance Bike Rental, LLC at the number listed in its rental communications.