These terms and conditions are a legal agreement between you (“Rider”, “You” or “Your”) and SKRT INC. (“Name”, “Our” “We” or “Us”), a company duly incorporated under the laws of the United States of America, with its principal place of business at 8 THE GRN STE B Dover, DE 19901, establishing terms and conditions under which You will submit information to us and rent a vehicle, golf cart, or personal electric vehicle (“cart”, “carts”, “vehicle”, “vehicles”) from Us.
THIS AGREEMENT CONTAINS RELEASES, DISCLAIMERS AND ASSUMPTION OF RISK PROVISIONS THAT LIMITS YOUR LEGAL RIGHTS AND REMEDIES. PLEASE READ THROUGH THIS ENTIRE AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION THAT YOU SHOULD CONSIDER BEFORE RENTING VEHICLES FROM US.
We offer an on-line matching service between Vehicle owners and riders enabling riders to rent Vehicles from owners for indefinite periods of time. (the “Program” or “Service”). In consideration of Your use of the Service, We require that You agree to all the terms and conditions in this Rental Agreement, Liability Waiver, and Release (collectively, the “Rental Agreement” or this “Agreement”).
Use of the Service
You agree and acknowledge that You are renting the Vehicle and that ownership of the Vehicle remains with the Vehicle Owner at all times. You are considered to be the user and all transactions will be executed between You, the Vehicle owner and Us.
The Vehicle(s) may only be rented by persons age 18 or older with a valid license. By using this Service and registering as a member, You affirm that you have reached the legal age required above. If You falsify or misrepresent Your age, Your legal guardian shall bear full responsibility for all Claims (as defined below) related to such misrepresentation and Your legal guardian affirms that he/she accepts this agreement on behalf of, and accepts all legal and financial responsibility and liability for, Your actions or inactions. A valid credit card or payment method is required to rent a Vehicle.
It is mandatory for every user to register as a member on our website application or through our mobile application (“App”) on a mobile device or personal computer. You are responsible for providing and maintaining current email, mobile phone, address, and/or other account information requested at the time of registration. You will be permitted to rent a Vehicle only after You have obtained a registered account on Our website or App.
Vehicle(s) should only be used by our members. If You are not registered with Us as an active member, You will not be allowed to ride the Vehicle(s). By applying for membership, You authorize Us to verify the submitted documents through the concerned authorities.
You are not allowed to create multiple accounts with the same license. We retain the right to cancel membership and ride if You are found to be using the same driving license for the creation of multiple accounts.
We retain the right to refuse membership to any applicant, even if You have satisfied all the above criteria. Granting of membership is solely Our discretion.
You acknowledge and agree that you are solely responsible for maintaining the confidentiality of your account, and for all activities that occur on or through your account. You agree to immediately notify Us of any unauthorized use of your account, or any other security breach involving your account. You agree that We will not be responsible for any losses arising out of any use of your account.
Modifications to the Agreement
We reserve the right, in Our sole discretion, to unilaterally amend, modify, or change this Rental Agreement (each a “Modification”), at any time and from time to time. Whenever a Modification is made to this Rental Agreement, We will post an updated version of this Rental Agreement on our website at https://www.us.skrtshare.com/en/terms and, where the change is material, we will require You to accept the new terms before renting on the Service. By accepting the new terms or continuing to use the Service after any Modification posted, you agree to be bound by such Modification. You agree to carefully review this Agreement on the website from time to time in order to maintain awareness of all Modifications, and agree that each time you rent a Vehicle, the then-current version of the Rental Agreement as posted on the website will apply.
Personal Information and Documents
You will need to supply certain information, including but not limited to, your credit card number, debit card number, or other payment account number, and your billing address (“Personal Financial Information”).
You must upload a scanned image or a photograph of Your license on our website or App. Only official Documents issued by a recognized government , such as Original Driver’s license, ID, Passport etc. will be considered as valid ID proof.
You agree that all Personal Financial Information or other information you provide to use will be (a) accurate, current, and complete; (b) promptly updated when there is a change; and (c) Your own information and not that of another individual. If you provide any information that is untrue, inaccurate or incomplete, or We have reason to suspect that such information is untrue, inaccurate or incomplete, we retain the right to suspend or terminate any account you establish and/or refuse any or all current or future use of Your account on any devices linked thereto.
We agree to rent to You and You agree to rent from Us, the Vehicle(s) through the Service subject to the terms and conditions of this Rental Agreement and in accordance with the rates provided to you before rental or which are available on Our website, which are exclusive of any applicable sales taxes and other local government charges where required by law and which may be modified from time to time at Our sole discretion. You understand and agree that the purpose of the Service is provide access to Vehicle rentals for a definite rental period. Any Vehicle not returned within 1 hour of the designated return time will be deemed stolen or lost. You assume full responsibility for the care of the Vehicle during the period of time You rent the Vehicle (“Rental Period”). If the Vehicle is damaged, stolen, or lost during the Rental Period, you shall immediately return any such damaged Vehicle(s) and/or report any such damaged or stolen Vehicle(s) to Us and to the police authorities. You shall compensate Us if the Vehicle is damaged (excluding damage from normal wear and tear), stolen, or lost during the Rental Period. Amounts due for a damaged, stolen, or lost Vehicle(s) will be charged to the credit or debit card associated with Your account up to a maximum of $25,000 USD when the accident, theft or loss is reported to or discovered by Us. You hereby authorize Us to charge your credit or debit card for all fees incurred by You as well as such amounts due in connection with any overdue, damaged, stolen or lost Vehicle(s), and We may, at Our sole discretion, place an authorization hold on your credit or debit card to cover any such amounts. If You dispute any charge on Your account, then You must contact Us within ten (10) days of Your receipt of Your statement containing the disputed charge.
|Description||Fixed fee||Variable fee||Example||Rider pays|
|Rider cancels||$10.00||-||Rider cancels less than 24 hours before rental||$10.00|
|Rider no-show||-||100% of rental rate||Rider no-shows for a $100.00 rental.||$100.00|
|Late return||$25.00||1.5x hourly rate + 3% processing||Rider returns 5 hours late and price is $15.00/hour*||$141.63|
|Gas not full||$10.00||Gas cost + 3% processing||$25.00 gas needed to fill tank||$36.05|
|Damage fee||$20.00||Repair cost + 3% processing||Rider causes $500.00 damage||$535.60|
|Unpaid ticket fee||$10.00||Ticket cost + 3% processing||Rider gets a $75.00 ticket and does not pay it||$87.55|
bookings have to be made solely by the registered user themselves via
Our Website or App prior to pick up. Bookings are processed by our system
automatically on a first come first serve basis. We do not guarantee
the availability of any particular vehicle at any given time.
Vehicle availability is dynamically updated in our system to reflect
For Riders, in the event of cancellation of a booking within 24 hours prior to pick up, a cancellation fee of $10 shall be automatically deducted from Your credit card (see fee table above).
For Owners, in the event of cancellation of a booking within 7 days prior to pick up, a cancellation fee of $50 shall be incurred. This fee may be deducted from pending payouts or paid by Your credit card; no additional rentals shall be accepted until the balance of this fee is paid in full. Bookings made previous to incurring a cancellation fee shall be unaffected. Owners who continuously cancel rentals may have their SKRT account suspended.
For Riders and Owners who cancel a trip by using the "Report Issue" function, or similar functions, in an effort to circumvent the system, cancellation fees may apply, at our sole discretion, if the cancellation was unnecessary or made under false pretences.
We reserve the right to make any changes or modifications to the cancellation period and fees in our sole discretion. Any such changes or modifications shall be posted on our website
Extensions to the booking may be granted if and only if the vehicle is available for the requested period of time. Charges for the extension period will be applicable as per normal rates provided on our Website.
Refunds for bookings will only be provided if at the time of pick-up, the Vehicle(s) are not able to be used, or the Owner has cancelled the rental.
Pick-Up. Upon confirmation of a booking, You will receive notice on the App on where to pick up the Vehicle from the Vehicle Owner. Failure to pick up the Vehicle at the designated location will be deemed to be a breach of Your Rental Agreement, and You understand and agree that we shall charge your credit card for the full amount of your rental.
Availability of Service and State of Good Repair
No Warranty. The Vehicle(s) are rented to You AS IS and all Services are provided AS AVAILABLE without any warranty, express or implied, including warranties of merchantability or fitness for any particular purpose.
Availability of Service. We do not guarantee that the Service will be available at all times, as use of the Vehicle(s) by other members of the Program, repairs, force majeure events, or other circumstances might prevent Us from providing the Service. Access to Vehicle(s) is conditioned upon their availability. We do not guarantee, represent, or warrant the availability of the Service or the availability of any Vehicle. We may suspend all or part of the Service, may relocate Locations, reduce the number of Vehicle(s) available for rent, and otherwise operate the Program in Our sole discretion. Members should visit the Website or Our App to check the availability of Vehicle(s). You agree that We may require You to return a Vehicle at any time, regardless of the period of which it was originally rented, and that You shall comply with any such requirement.
Your Commitment to Us and Vehicle Use Requirements
Use of Vehicle(s). You agree to treat the Vehicle(s) with due care. You are responsible for loss or damage to the Vehicle(s) rented by You due to theft, disappearance for known or unknown reasons, accidents, or any other cause, other than ordinary wear and tear. Before using a Vehicle, You shall inspect such Vehicle for defects and report to Us any such defect prior to the commencement of your rental, including but not limited to, (a) trueness of the wheels; (ii) proper functioning of all brakes and lights; (c) condition of the frame; (d) sufficient power charge; (e) sufficient fuel, if applicable; and (v) any sign of damage, unusual or excessive wear, or other open and obvious mechanical problems or maintenance need. If you discover a defect at the inspection, you shall upload a photo of the Vehicle and the defect to the system. In the event that no photo is uploaded by You before using the Vehicle, the Vehicle shall be deemed as free of defects. If You notice a Vehicle has a defect that in any way may impair Your ability to operate it safely, You must use a different Vehicle. You should take extra precautions while riding Vehicle(s), as accelerating and braking may differ from doing so on other vehicles. All Vehicles must be returned with the fuel refilled. Charges to your credit card may apply if the Vehicle is returned without refueling (see fee table above).
Parking and Locking the Vehicles. You are responsible for securing the Vehicle at a lawful location to protect against theft of the Vehicle. You shall not leave any Vehicle unattended at any location at any time for any reason, unless it is secured. You shall not lock and/or leave the Vehicle in a location where it cannot be accessed by Us, nor in a location outside the designated service area or in violation of any applicable law.
Returning the Vehicle(s). Upon the end of the Rental Period, You shall drop off the Vehicle at a location indicated on the Website or App. Failure to drop off within 1 hour of the designated return time at the designated location shall render the Vehicle being a lost or stolen Vehicle and we shall charge your credit card in accordance with Article VI as a lost or stolen Vehicle. You agree to refer to the Website for further requirements for returning the Vehicle(s) and to comply with any and all such requirements and instructions.
Collections. All amounts due and payable to Us will be charged to Your credit or debit card or other payment method available. In the event that the credit or debit card charges are not paid to Us, other collection procedures will be employed. You agree to pay all of Our costs of collection, including without limitation reasonable attorneys’ fees, if You do not pay amounts owed hereunder when due.
Not a Common Carrier. You agree that We are not a common carrier. Alternative means of public and private transportation are available to the general public and to You individually, including public buses and light rail service, taxis and pedestrian paths. We provide Vehicle(s) only as a convenience, and the Service is intended for those persons who are able and qualified to operate Vehicle(s) on their own and who have agreed to all terms and conditions of this Agreement.
Accidents. In case of accidents involving the Vehicle(s), You shall:
Obtain the names, identity card numbers, addresses, license numbers and insurance details of the parties involved and of any witnesses;
Notify Us and the police and file accident reports in accordance with relevant local regulations; and
Submit the police report to Us within 2 days after receipt thereof from the police.
Emergencies. In case of an emergency situation, such as a break down or accident, immediately move the vehicle to a safe location and contact the Owner, through our App, for their preferred method of providing assistance.
Restricted Uses. You shall not do any of the following acts, or similar acts that may result in a risk, an incident, or damage to You, the Vehicle or others (“Restricted Uses”)
Use any Vehicle if you are younger than 18 years of age or the legal age limit in your location.
Use any Vehicle if You exceed the maximum weight limit of the Vehicle.
Use any Vehicle if you have any existing physical or mental condition that would prohibit You from safely operating the Vehicle.
Use any Vehicle if You have a physical condition that puts you at risk when undergoing strenuous physical activity.
Operate the Vehicle while carrying any item that impedes your ability to safely operate the Vehicle, or while placing an item on the Vehicle or the Vehicle's steering mechanism.
Operate a Vehicle while under the influence of alcohol, drugs, or any other substance or medication that impairs Your ability to safely operate the Vehicle.
Use any cell phone or mobile electronic device for any use that distracts You from the safe operation of the Vehicle, including but not limited to phone calls, text messages, or music.
Allow any other person to operate the Vehicle or allow more than the Vehicle manufacturer's recommended maximum occupancy to be carried on the Vehicle.
Overfill a Vehicle basket, container, or other compartment, if and where applicable.
Violate any applicable law or regulation.
Operate or use a Vehicle in any manner during adverse weather conditions that would reasonably prevent a safe operation of the Vehicle or that would unreasonably hamper normal traffic conditions, including but not limited to, torrential rains, typhoon, hurricane, hail, dust storms, fog, heavy rains, or lightning storms.
Ride or operate a Vehicle that has any defect, fails to operate as a properly functioning Vehicle, or that is in need of repair.
Use the Vehicle if it, or any component of it, appears to be or becomes defective or malfunctions.
Use the Vehicle for racing, tricks, jumping, stunt riding, off-road riding, or in any other hazardous manner.
Tow, pull, carry or push any person or object with a Vehicle.
Remove, dismantle, write on, deface, misuse, or modify any accessories, parts, or components of any Vehicle.
Use any Vehicle without reading and agreeing to the Liability Waiver and Release.
Safe Riding. You agree to always:
Ride the Vehicle with caution, and be mindful of the local regulations and rules when riding and parking.
Abide by all applicable traffic laws in all respects.
Yield to pedestrians.
Ride in the same direction as traffic.
Wear protective gear or a seatbelt, if applicable, when riding.
Be mindful of others while parking your Vehicle; use allotted parking spaces or park by the curb without blocking traffic.
Avoid parking adjacent to, or within, a transit zone, loading zone, cross-walk, fire hydrants, entryway, or driveway.
Ensure Your Vehicle is not blocking a sidewalk, pathway, bus stop, cross-walk, or wheelchair ramp.
Avoid anything that may impede your ability to safely ride, including carrying heavy items, riding in bad weather, or operating a Vehicle under the influence of drugs or alcohol.
Assumption of Risk, Release and Waiver of Liability, and Indemnity
In consideration of your participation in the Program and Your use of any of the Services, You hereby freely and voluntarily acknowledge and/or take action for yourself, and on behalf of Your spouse, children, parents, guardians, heirs, next of kin, and any legal or personal representatives, executors, administrators, successors and assigns, or anyone else who might claim or sue on Your behalf as follows:
YOU HEREBY ACKNOWLEDGE AND ASSUME ALL RISKS OF PARTCIPATING IN THIS PROGRAM. You acknowledge that operating a Vehicle is inherently dangerous and carries with it the potential for serious bodily injury, permanent disability, paralysis and death, and property damage and loss. You acknowledge and agree that it is Your responsibility to determine whether You are sufficiently fit and healthy enough to safely participate in the Program, which You elect voluntarily. You have no physical or medical condition that would endanger You or others if You participate in the Program, or would interfere with Your ability to safely participate. You also certify that You have not been advised against riding a Vehicle or any other activity related to participation in the Program by any health professional. You understand and acknowledge that there may be heavy vehicles and pedestrian traffic. You assume all other risks associated with participation in the Program including without limitation, falls; dangers of collision with vehicles, pedestrians, and fixed objects; dangers arising from surface hazards, equipment design failure, and inadequate safety equipment; hazards posed by vehicles, pedestrians, and other riders and cyclists; and weather conditions. You further acknowledge that these risks include risks that may be the result of the failure and/or design of equipment supplied by, or the negligent acts, omissions and/or carelessness of, the Released Parties (as defined below). You understand that You will be participating in the Program at your own risk, that You are responsible for the risks of participation in the Program, and that Your participation in the Program is fully voluntary.
You have been advised to wear applicable protective gear while participating in the Program. You understand and acknowledge the increased risk for personal injury, permanent disability, paralysis and death due to not wearing protective gear. You assume responsibility for any injury, loss, or damage associated with Your choosing not to wear protective gear; further, because protective gear does not protect against all head injuries, and do not protect against other injuries, you assume responsibility for any injury, loss, or damage associated with Your participating in the Program even if You choose to wear protective gear. You also agree to follow the “Rules of the Road”; follow and obey all laws and regulations, obey all traffic signals and stop signs, ride with traffic, make your intentions clear to motorists and other road users, ride in a straight line and do not swerve, stay seated while riding, signal turns and check before turning or changing lanes.
You understand and acknowledge the dangers associated with the consumption of alcohol and/or drugs while riding a Vehicle while consuming or after having consumed alcohol and/or drugs and You recognize that any such consumption of alcohol and/or drugs might impair Your judgement and motor skills. You agree not to use the Vehicle while under the influence of alcohol and/or drugs, and further assume responsibility for any injury, loss, or damage associated with Your consumption of alcohol and/or drugs.
YOU WAIVE, RELEASE, AND FOREVER DISCHARGE Us, our parents, subsidiaries and affiliates (including without limitation, SKRT INC. and its subsidiaries and affiliates), the Program’s sponsors, organizers, promoters, staff, advertisers, administrators, contractors, any and all other vendors and all other individuals or entities involved with the Program, and each of their respective parent, subsidiary and affiliated companies, officers, directors, partners, board members, shareholders, attorneys, insurers, agents, employees, volunteers, and other participants and representatives (individually and collectively, the “Released Parties”) from any and all claims, liabilities of every kind, demands, damages (including without limitation, direct, indirect, incidental, consequential and punitive), losses and causes of action (whether known, unknown, asserted, un-asserted, fixed, conditional, or contingent), of any kind or nature (including without limitation, those based in contract, tort, statutory or other grounds), which You have or may have in the future, including court costs, attorneys’ fees and litigation expenses (individually and collectively, the “Claims”) that may arise out of, or result from, Your participating in the Program, including without limitation, death, personal injury, temporary or permanent disability, property damage and damages of any kind, property theft, and Claims relating to the provision of first aid, medical care, medical treatment, or medical decisions and any claims for medical or hospital expenses, EVEN IF SUCH CLAIMS ARE CAUSED BY THE NEGLIGENT ACTS, OMISSIONS, OR THE CARELESNESS OF THE RELASED PARTIES AND EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH CLAIMS.
YOU FURTHER COVENANT AND AGREE NOT TO SUE any of the Released Parties for any of the Claims that You have waived, released or discharged herein.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS the Released Parties from any and all expenses incurred, Claims made by You or third parties, for liabilities assessed against the Released Parties, including but not limited to court costs, attorneys’ fees, and litigation expenses, arising out of or resulting from, directly or indirectly, in whole or in part, Your breach or failure to abide by any part of this Wavier, by Your breach or failure to abide by the rules of the Program and/or Your actions or inactions which cause injury or damage to any other person.
You understand that the Program does not provide insurance coverage for damage or injuries incurred during the Program. You agree to be responsible and assume liability for any and all costs incurred as a result of participating in the Program, including without limitation ambulance transport services, hospital stays, medical treatment. You agree to indemnify and hold harmless the Released Parties from all liability for such costs.
You understand that We reserve the right, at Our sole and complete discretion, to deny Your participation in the Program.
FOR THE AVOIDANCE OF DOUBT, YOU DO HEREBY ACKNOWLEDGE AND AGREE THAT WE AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM THAT ARISES OUT OF OR RELATED TO (1) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (2) YOUR USE OF, OR INABILITY TO USE, ANY SERVICE, VEHICLE, OR RELATED INFORMATION, (3) YOUR BREACH OF THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW, (4) ANY MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU, OR (5) YOUR FAILURE TO WEAR PROTECTIVE GEAR WHILE PARTICPATING IN THE PROGRAM. YOU DO HEREBY WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT, STATUTORY, OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF SUCH CLAIMS. FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE OR ANY RELEASED PARTY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM PARTICIPATION IN THE PROGRAM OR THE USE OF, OR INABILITY TO USE, THE SERVICES. MOREOVER, IF WE, OR ANY RELEASED PARTY, ARE FOUND TO BE LIABLE FOR ANY CLAIMS ON ANY BASIS, SUCH LIABILTY SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU HEREUNDER.
Term and Termination
We may unilaterally terminate Your right to use the Service, in Our sole discretion and without any notice or cause. You may terminate Your use of the Services at any time; provided, however, that (a) no refund will be provided by Us and (b) you may still be charged any applicable additional fees arising under this Agreement. Sections VI, VII, VIII, IX, X, and XI shall survive any termination or expiration of this Agreement.
Termination of this Agreement or your right to use the Service will not relieve You of any payment obligations hereunder.
This Rental Agreement constitutes the entire agreement between You and Us with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings, representations, and undertakings with respect to the subject matter hereof.
The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement.
This Agreement shall be governed by and construed in accordance with the laws of the United States of America, without regards to its conflict of laws principles.
Any disputes arising from this Agreement shall be submitted to the exclusive jurisdiction of the Delaware District Courts as the court of first instance.
In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this Agreement, but this Agreement shall be construed as if such invalid or illegal or unenforceable provision had never been contained herein. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the court or other tribunal making such determination is authorized and instructed to modify this Agreement so as to effect the original intent of the parties as closely as possible so that the transactions and agreements contemplated herein are consummated as originally contemplated to the fullest extent possible.
We shall not be liable for failure to perform any of Our obligations hereunder for reasons that are beyond Our reasonable control, including, without limitation, fire, flood, earthquake, natural disaster, interruptions in supply, war, embargo, riots, or acts of terrorism.
YOU HEREBY AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE; YOU HAVE THE LEGAL RIGHT AND MENTAL CAPACITY TO ENTER INTO THIS AGREEMENT; AND YOU HAVE READ AND AGREED TO THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENT, AND INTENTIONALLY AND VOLUNTARILY ACCEPT ITS TERMS.