EXPLUR LLC

Explur.fun

[email protected]

(919) 675-2252

RENTAL AGREEMENT / TERMS & CONDITIONS

BIKE RENTAL AGREEMENT between: "the Owner" EXPLUR LLC (NC SOSID: 2725260, NC Lic.#004175188) and the “Customer”- “Renter” 

TERMS AND CONDITIONS (E-)BIKE RENTAL
The Customer-Renter agrees and acknowledges that the activities for which the bicycle is designed can be dangerous with the risk of bodily injury and /or death. 

The Customer-Renter assumes and accepts all risks associated with the usage of the bicycle. 

The Customer-Renter agrees that he/she will not make any claims or sue the Owner, or her employees, for bodily injury, death, or property damage.

*****The Customer-Renter is responsible for risks that may occur during the rental period. The Owner is not liable for any claims regarding bodily injury or harm, accident or loss of personal belongings caused by weather, sickness, or any other causes outside the control of the Owner. 

Renting a bike or e-bike, means the Customer-Renter adheres to these Terms and Conditions.
The Customer-Renter reservation will be valid from the moment the reservation is submitted. The Customer-Renter will receive an e-mail with reservation confirmation. Doing this the Customer- Renter agrees to the Terms and Conditions as laid out in this document. 

Bike Collection & Payment 

The Owner accepts payment via credit card at explur.fun website. The Customer-Renter will need to give the Owner a copy of ID.

The Customer-Renter and the Owner will check the bike(s) together to ensure all is in good condition. The Customer-Renter should notify the Owner immediately, before leaving to ride, if there are any problems with the bike(s). After having left the delivery location, the Customer-Renter is fully responsible for the bike(s) and will make sure he/she returns the bike in the same condition, apart from the normal wear and tear, at the delivery location or other place previously agreed. 

*****All equipment must be returned directly to Explur LLC or wherever agreed. The customer will bring the bike(s) and/or accessories back within the agreed time as indicated on the booking agreement. In case of delay in returning the rental bike, the Customer-Renter will be obliged to pay a penalty of $30.00 per every hour exceeded or $20.00 per every half hour exceeded. 

When returning the bike / accessories the Customer-Renter and the Owner will check the bike(s) together for damages. In case there are damages that have not been caused by normal wear and usage of a bike, the Customer-Renter will have to pay the Owner for the damages. The damages will be valued by the Owner. The Customer-Renter is responsible for any damages he/she caused to himself, to others, or to property while using the bike. 

Care & Cleanliness

*****The Customer-Renter is obliged to take good care of the rented equipment and to protect from damage, loss or theft. In case of damage, loss or theft of the bicycle itself or components thereof, the Owner will charge the Customer-Renter the full cost of the missing items at purchased prices. The renter is required to return the bike in a clean condition. Cleaning costs to a minimum of $10 may be charged if this obligation is not observed. 

Bikes are rented with a security lock and helmet as well as an original charger upon request. The customer is obliged to lock the e-bike at all times properly when unattended, passing the lock through the frame and attaching the bike(s) to something fixed to the ground eg. a post or fence, if allowed, or a bicycle parking station. It is highly recommended to keep bike(s) secured at all times, especially during over-night rental. 

Technical Assistance 

In case of assistance you have to inform us and we will come assess the problem.

*****It is the Customer-Renter’s responsibility in case of puncture of inner tube to have it repaired, we charge $25.00. If unable to get it repaired, we charge $40.00. If the bike needs to be collected, we charge $35.00 (plus assessed damages) and replacement (assuming availability) we charge $40.00. 

Cancellation 

*****In case the Customer-Renter needs to cancel a rental within 24 hours, or in case of a no-show at the agreed time and place, the Owner will reserve the right to keep the down payment paid when making the reservation, the Customer-Renter has no right to any form of reimbursement.

In the event of advance cancellation, the following charges apply:

• 15-7 days prior to the start of the bike rental: 100% reimbursement. 
• 6-2 days prior to the start of the bike rental: 50% reimbursement.

Risks and Responsibilities 

Use of the bikes are only for people of 18 years or older, unless accompanied by an adult who takes full responsibility for any damages that may occur, both to the minor and other people/property involved.
The Customer-Renter and his/her group must respect traffic regulations. Any ticket or fine due to incorrect use of the bicycle will be completely assumed by the Customer-Renter. 

Therefore, when renting a (e-) bike, the Customer-Renter takes the full risk of responsibility and will not impute to the Owner any accidents, etc. This is valid for the Customer-Renter and those included in his/her group.
In case the Customer-Renter does not bring the bike(s) or accessories back within 24 hours after the agreed period, this will be considered theft. The Owner may inform the Police. In case of theft of the bike and/or its accessories, the Customer-Renter will have to present the Owner with a copy of the Police Report within 2 days of the date of theft and will be required to pay the full price of the bike and/or its accessories. In the case that the bike(s) are found, the Customer-Renter will be reimbursed this payment. 

*****Those who rent a bike will be held responsible for any damages to the equipment provided by the Owner and will have to report and repay the damages.

Wherever used herein, the term “equipment” shall include any equipment rented from Explur LLC. Explur LLC, its agents and employees shall not be responsible for personal injuries or property damage, loss or delay incurred by any person arising out of the act of negligence of any direct or supplemental carrier or other person rendering any of the services or products being offered in these rentals; nor shall Explur LLC be responsible for any injuries, death, damage, loss or delay in any means of transportation or by reasons of any event beyond the actual control of Explur LLC, or of any agent or supplier. 

Renters follow any suggested itinerary at their own risk and agree not to Explur LLC responsible for injury or death resulting from accidents. Helmets must be worn at all times while riding bikes.

*****The bicycles provided for use are in satisfactory operating condition and participants agree to use them at their own risk or call deficiencies to the attention of a company representative. ​Individual bike specifications are subject to change based on availability of replacement components. 

Instruction in the use, assembly and maintenance of bicycles will not be provided and participants affirm that they are competent and familiar with the use of a multi-speed bicycle.

DELIVERY AND COLLECTION

Delivery and collection service is subject to approval by management at delivery and collection location, and Explur LLC. 

Renters are responsible for ensuring that management at their accommodation is agreeable to accepting bike delivery and providing safe storage for bikes pending the renters arrival. Similarly, renters are responsible for ensuring that management at the designated collection address are agreeable to safely storing bikes and handing them over to Explur LLC. 

Renters are responsible for ensuring bikes are ready for collection at the designated collection location and at time agreed per reservation. 

*****Changes to your collection location after the rental start date and/or during your rental will incur a fee of $35.00.

GENERAL RIDING RULES

Safety Checks

It is Your responsibility to conduct a diligent safety check prior to use of the Bike that includes, without limitation, the following:

(a) good condition of the frame;

(b) good condition of wheels (i.e. that the wheels are not flat or impeded by debris or

mud);

(c) safe operation of brakes;

(d) testing that the bell of the Bike is working;

(e) lights and reflectors are in good working condition if You intend to ride the Bike during the hours of darkness;

(f) Bike is free from any sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need; and

(g) follow the instructions provided to You at the time of hiring the Bike.

Throughout the ride You shall constantly monitor that the Bike and its operation complies with the above safety requirements. If at any time during the ride You discover a breach of safety requirement(s) or notice any other potentially unsafe defect, condition or threat, You must immediately cease riding the Bike, when it is safe to do so, and notify Explur LLC.

Road Safety

You shall ride and operate the Bike safely at all times. When using, riding or operating the Bike, You shall:

(a) comply with all applicable traffic laws and regulations;

(b) use the safety gear as recommended and as required pursuant to the applicable laws and regulations, and, which are reasonably required to mitigate the risk of personal injury (such as helmet and proper shoes);

(c) not operate the Bike under the influence of alcohol, drugs, medication or other substances that may impair Your ability to safely operate the Bike;

(d) observe the speed limit and adapt the speed according to the situation taking into account Your driving experience, road conditions, state of the road and the Bike, weather conditions, density of the traffic and other traffic conditions so that You are able to stop the Bike without hitting any obstacle that is or can reasonably be expected to be on the road;

(e) not use any mobile phone, tablet, laptop, text messaging device, music player, or other device that may distract You from safely operating the Bike;

(f) not ride the Bike through water (beyond normal urban riding), or in any location that is prohibited, illegal or poses nuisance to others;

(g) not use the Bike for racing, mountain riding, stunt or trick riding;

(h) not ride the Bike on expressways and restricted roads;

(i) not ride the Bike against the flow of traffic;

(j) not ride the Bike on roads that are meant exclusively for pedestrians;

(k) shall not ride beyond permitted riding perimeter of NC Triangle region;

(l) not ride in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it dangerous to ride the Bike;

(m) not carry additional person(s);

(n) not carry any items (e.g. briefcases, backpacks, bags and/or other items) if these may prevent You from being safely able to operate the Bike; and

(p) wear light coloured clothes or a reflector to ensure that other road users are able to notice You easily.

TRACKING DEVICE
The bikes are equipped with a tracking device that collects location data. Renter consents to the use of the tracking device and acknowledges that Explur may use the collected data in the case of customer requiring assistance and/or getting lost, equipment recovery, all while protecting the privacy of Renter's location collected through the tracking device. Explur will not share such information with third parties, except as required by law or with Renter's written consent. Tampering with or disabling the tracking device is prohibited and may result in termination of this Agreement and additional charges.

SUBLEASING PROHIBITED
Customer understands and agrees that any subleasing of rental equipment is prohibited and that any such sublease shall immediately cause termination and cancellation of this contract.

Customer has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation. 

TERMINATION OF AGREEMENT

Customer agrees that Explur LLC has the right to terminate this agreement at any time and retake possession of said equipment and for said purpose Explur LLC may enter upon the premises of the customer without becoming liable for trespass.