Terms of service
Mobility Equipment Rental Agreement
Definitions:
- "Agreement": This Mobility Equipment Rental Agreement.
- "Empire Mobility Scooter": The company providing the rental services.
- "Renter": The individual or entity renting the mobility equipment.
- "Equipment": The mobility equipment being rented, including scooters, manual wheelchairs, electric wheelchairs, kneewalkers, ramps, and transport chairs.
- "Rental Period": The duration for which the equipment is rented.
- "Security Deposit": The refundable deposit paid by the Renter, which is returned after the rental period.
- "Credit Card Policies": The policies related to the use of credit and debit cards for payment and security deposits.
- "Force Majeure": Unforeseeable circumstances that prevent Empire Mobility Scooter from fulfilling its obligations under this Agreement.
- "Booking Fee": The fee charged for using the Service to obtain a reservation for the Provider’s products or services.
- "Activity Contract": The direct contractual relationship between the Renter and the Provider upon completing an online reservation.
- "Provider": The entity offering the products or services booked through the Service.
- "Service": The online booking, reservation, and facilitated payments solution provided by Empire Mobility Scooter.
- "PSP": Payment Services Provider engaged by Empire Mobility Scooter to facilitate payments.
- "Terms of Service": The terms and conditions outlined in this Agreement.
Mobility Equipment Rental Agreement
Empire Mobility Scooter rents mobility equipment (scooters, manual wheelchairs, electric wheelchairs, kneewalkers, ramps, and transport chairs) to the Renter who agrees to the terms and conditions by checking the "I have read and agreed to the terms" box. The Renter agrees to the following:
Ownership and Condition: The equipment remains the property of Empire Mobility Scooter and is provided in good condition. The Renter agrees to return the equipment in the same condition at the end of the rental period or sooner upon demand. Empire Mobility Scooter reserves the right to repossess the equipment without prior notice if used in violation of this agreement.
Cancellation Policy: Reservations can be canceled up to 24 hours before delivery without a cancellation fee. Cancellations made within 24 hours of delivery will incur a fee equal to the full rental amount.
Renewal: The rental period may be extended at the original rates, provided the terms and conditions remain the same.
Liability for Personal Property: Empire Mobility Scooter is not responsible for any loss or damage to personal property left, lost, damaged, stolen, stored, or transported by the Renter or any other person using the equipment. The Renter assumes all risks and agrees to indemnify Empire Mobility Scooter against any claims arising from such incidents.
Risk and Liability: The Renter assumes full responsibility for any loss, damage, injury, or death resulting from the use of the equipment.
Replacement Costs: The Renter agrees to reimburse Empire Mobility Scooter $1,000 for a scooter or $500 for a manual wheelchair or ramp if the equipment is damaged, lost, stolen, or destroyed. The Renter authorizes Empire Mobility Scooter to charge the credit card on file for any such costs.
Usage Restrictions: The equipment must not be used by anyone under the age of 18, under the influence of alcohol or drugs, or in an unsafe manner.
Indemnification: The Renter agrees to indemnify and hold harmless Empire Mobility Scooter, its agents, officers, and employees from any claims, damages, or injuries arising from the use of the equipment, except in cases of gross negligence or willful misconduct by Empire Mobility Scooter.
Costs and Expenses: The Renter is responsible for all costs and expenses, including legal fees, arising from the use of the equipment.
No Liability for Acts or Omissions: Empire Mobility Scooter is not liable for any acts or omissions of the Renter or the Renter’s agents, servants, or employees.
Reasonable Care: The Renter must ensure that the equipment is used with reasonable care and notify Empire Mobility Scooter immediately of any accidents or damage.
Collection and Enforcement Costs: The Renter agrees to pay all costs, expenses, and attorney’s fees incurred by Empire Mobility Scooter in collecting dues, regaining possession of equipment, or enforcing any claims.
No Agency: The Renter or the driver of the equipment is not an agent or employee of Empire Mobility Scooter for any purpose.
Binding Agreement: Any individual signing this agreement on behalf of a company or entity is personally bound by its terms.
Severability: If any provision of this agreement is deemed invalid, the remaining provisions will continue to be enforceable.
Insurance: Empire Mobility Scooter does not provide insurance coverage for the rented equipment. The Renter is responsible for ensuring that their personal insurance policies provide adequate coverage for any potential damages, injuries, or liabilities that may arise during the rental period.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of New York. Any disputes arising from or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of New York.
Waiver of Liability: By renting equipment from Empire Mobility Scooter, the Renter agrees to waive any and all claims against Empire Mobility Scooter for any injuries, damages, or losses incurred during the use of the equipment, except in cases of gross negligence or willful misconduct by Empire Mobility Scooter.
Force Majeure: Empire Mobility Scooter shall not be liable for any delay or failure to perform its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, civil unrest, labor disputes, and governmental actions.
Modification of Terms: Empire Mobility Scooter reserves the right to modify these terms and conditions at any time. Any changes will be communicated to the Renter via the contact information provided during the booking process. Continued use of the rental equipment constitutes acceptance of the modified terms.
Credit and Debit Card Policies
Empire Mobility Scooter accepts most major credit cards for identification, security deposit, and payment at the time of rental.
Empire Mobility Scooter reserves the right to place a Debit Card authorization hold that exceeds the estimated rental charges, at its sole discretion. When using a debit card, a minimum hold of $500 and up to the total estimated rental charges may be placed on your account.
Upon returning the equipment, Empire Mobility Scooter will release the unused portion of the hold according to your bank's procedures, which may take up to 2 weeks to process.
If the equipment is not returned as agreed, Empire Mobility Scooter will obtain additional authorizations from your account to cover the rental charges and the remaining value of the equipment.
Empire Mobility Scooter is not responsible for any returned checks or overdraft fees resulting from this policy.
Additional identification, in addition to your driver's license, may be required.
Cash or check cards can be used for the final payment of rental charges at the end of the rental period.
Note: Prepaid Debit/Gift cards are not accepted for credit identification but are accepted for final payment upon return.
No Show Policy
Please cancel any unneeded reservations promptly. Failure to cancel at least 24 hours prior to delivery or failure to pick up the equipment will result in a cancellation fee equal to 100% of the rental.
Rental Extensions
Rentals must be returned by the specified date/time. Extensions must be arranged before the rental period expires.
Out of Battery
Scooters are delivered fully charged. The Renter is responsible for charging the battery as needed. If you become stranded due to a low battery, a fully charged replacement battery can be delivered for $25 during business hours and $30 after hours.
Delivery Charges
Delivery Charges to Hotels, Businesses, or Residences:
- Manhattan south of 96th Street: $25
- Other areas of Manhattan: $69
- Bronx, Queens, and Brooklyn: $69
- Jersey City, Bayonne, Hoboken, Newark: $69
Delivery Charges to other areas will be quoted individually.