Equipment Rental Terms and Conditions
For the purpose of this Hire/Rental Agreement, “MAT” shall mean Morocco Accessible Travel Consultants S.A.R.L. its owners, officers, directors, shareholders, employees, agents, representatives, independent contractors, operators and “Renter” shall mean Renter, its agents and/or employees or user of the equipment provided by Morocco Accessible Travel Consultants S.A.R.L. In consideration of hiring of the equipment (herein “the rental equipment” or “equipment” or “equipment hire”) described above or below in the Rental/Hire Agreement it is agreed as follows:
- INDEMNITY/HOLD HARMLESS. RENTER WILL TAKE ALL NECESSARY PRECAUTIONS REGARDING THE EQUIPMENT RENTED, AND PROTECT ALL PERSONS AND PROPERTY FROM INJURY OR DAMAGE. RENTER AGREES TO HOLD “MAT” FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, JUDGMENTS, ATTORNEYS’ FEES AND COSTS, OF EVERY KIND AND NATURE, INCLUDING, BUT NOT LIMITED, TO INJURIES OR DEATH TO PERSONS AND DAMAGE TO PROPERTY, ARISING OUT OF THE USE, MAINTENANCE, INSTRUCTION, OPERATION, POSSESSION, OWNERSHIP OR RENTAL OF THE EQUIPMENT RENTED, HOWEVER CAUSED, EXCEPT CLAIMS OR LITIGATION ARISING THROUGH THE SOLE NEGLIGENCE OR WILLFUL MISCONDUCT OF MOROCCO ACCESSIBLE TRAVEL CONSULTANTS, S.A.R.L.
- ASSUMPTION OF RISK/RELEASE-DISCHARGE OF LIABILITY. RENTER IS FULLY AWARE AND ACKNOWLEDGES THERE IS A RISK OF INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT RENTED HEREUNDER AND HEREBY ELECTS TO VOLUNTARILY ENTER INTO THIS RENTAL AGREEMENT AND ASSUME ALL OF THE ABOVE RISKS OF INJURY OR DAMAGE. RENTER AGREES TO RELEASE AND DISCHARGE MAT FROM ANY AND ALL RESPONSIBILITY OR LIABILITY FROM SUCH INJURY OR DAMAGE ARISING OUT OF THE USE OR OPERATION OF THE EQUIPMENT; AND RENTER FURTHER AGREES TO WAIVE, RELEASE AND DISCHARGE ANY AND ALL CLAIMS FOR INJURY OR DAMAGE AGAINST MAT WHICH RENTER OTHERWISE MAY BE ENTITLED TO ASSERT.
- OPERATORS. Operators may or may not be furnished, directly or indirectly with the equipment.
- RECEIPT/INSPECTION OF EQUIPMENT. Renter hires the equipment on an “as is” basis. Renter acknowledges that he/she has, or will, personally inspect the equipment prior to its use and finds it suitable for Renter’s needs. Renter acknowledges receipt of all items listed in this Rental Agreement and that the equipment is in good working order and repair and that renter understands (without further instructions) its proper operation and use.
- POSSESSION/TITLE. Customers right to possession of the equipment begins upon the equipment leaving the MAT office or being handed the equipment by a company representative or employee or agent or independent contractor or operator and terminates on the return of the equipment to MAT’s office or handed to a representative or agent or employee or independent contractor or operator of the company. Title to the equipment belongs and shall remain MAT If the equipment is not returned and/or levied upon for any reason whatsoever, MAT may re-take the equipment without further notice or legal process and use whatever force is reasonably necessary to do so. Renter hereby agrees to indemnify, defend and hold MAT harmless from any and all claims and costs arising from such re-taking and/or levy. If equipment are levied upon, Renter shall notify MAT immediately.
- RENTAL PERIOD/RATE/PAYMENT. The rate of hire for Rental Period is for the length of the specified tour period or rental period. Rental rates are requested and provided based off availability, season, and several other factors. All prices will be quoted in Moroccan Dirhams and it is the responsibility of the renter to understand the fluctuation of exchange rates between Moroccan Dirhams and their home currency. The payment for the rental period must occur in full prior to the start of the tour. The rental hire charges begin immediately upon the equipment when handed over by a company representative, agent, employee, independent contractor, or operator to the renter. A surcharge may apply if the equipment must be delivered to a city different than Fes. Rental charges end upon return of the equipment to MAT or its agents, representatives or employees independent contractors, operators in an acceptable condition. No allowance will be made for Saturdays, Sundays, Holidays, or time in transit, nor for any period of time the equipment may not be in actual use while in Renter’s possession. If the equipment is returned prior to the end of the rental period, MAT reserves the right to collect or keep the full payment amount due to the inability to rent the equipment otherwise. MAT may terminate rental at any time and re-take the equipment without further notice in case of violation by Renter of any terms or conditions of this Rental Agreement. Renter agrees to pay any collection costs and attorney fees incurred in collection of this account or any dispute arising out of this Rental Agreement.
- ORDINARY WEAR AND TEAR. Renter shall be responsible for all damage not caused from ordinary wear and tear. “Ordinary wear and tear” shall mean only the normal deterioration of the equipment caused by ordinary, reasonable and proper use of the equipment. Damage which is not “ordinary wear and tear” includes, but is not limited to: damage due to overturning, overloading or exceeding rated capacities; breakage; improper use; abuse; lack of cleaning; dirtying of equipment by any other material. A cleaning charge will be made on equipment returned unclean.
- COMPLIANCE WITH LAWS/USE OF EQUIPMENT. Renter agrees not to use or allow anyone to use the equipment for any illegal purpose or in any illegal manner or in an unsafe manner. Renter agrees at his sole cost and expense to comply with all municipal, county, state and federal laws, or country laws, ordinances and regulations which may apply to the use of the equipment during the rental period. Renter further agrees to pay all licenses, fines, fees, permits, or taxes arising from his use of the equipment, including any subsequently determined to be due. Renter shall not allow any person who is not qualified and who has not received and understands safety and operating instructions and who does not utilize all equipment required to operate the equipment properly. Renter shall not allow any person to use or operate the equipment when it is in need of repair or when it is in an unsafe condition or situation; modify, misuse, harm or abuse the equipment; permit any repairs to the equipment without MAT’s prior written permission; or, allow a lien to be placed upon the equipment. Renter agrees to check any brakes, wheels, lifts, electronic components, clean and visually inspect the equipment immediately before use and to immediately discontinue use and notify MAT when equipment is found to need repair or maintenance or is not properly functioning. Renter acknowledges that MAT has no responsibility to inspect the equipment while it is in Renter’s possession.
- RETURN OF EQUIPMENT. Renter agrees to return to MAT the equipment in as good condition as when received, ordinary wear and tear excepted by the Rental Agreement. Renter shall be liable for all damages to or loss of the equipment and liability incurred prior to equipment’s return to MAT Renter shall be responsible for all costs incurred by MAT recovering and returning damaged equipment to MAT’s premises, depots, agents, representatives or employees or agents or independent contractors or operators. If equipment is to be picked up/collected by MAT, Renter agrees to provide a secure storage location and Renter accepts all risk including damage to and liability relative to equipment for a reasonable period of time until the equipment is picked-up/collected by MAT
- DISCLAIMER OF WARRANTIES. MAT makes no warranty of merchantability or fitness for any particular use or purpose, either express or implied. There is no warranty or representation that the equipment is fit for Renter’s particular intended use, or that it is free of latent defects. MAT shall not be responsible to Renter or any third party for any loss, damage or injury resulting from, or in any way attributable to the operation of, use of, or any failure of the equipment. MAT shall not be responsible for any defect or failure unknown to MAT Renter’s sole remedy for any failure of or defect in the equipment shall be termination of the rental charges at the time of failure provided that Renter notifies MAT immediately of such failure.
- SUBLETTING/LOCATION OF EQUIPMENT. Renter agrees NOT to sublet, loan or assign the equipment.
- DEFAULT. Should Renter in any way fail to observe or comply with any provision of this Rental Agreement, MAT may, at its sole option, terminate this Rental Agreement, re-take the equipment, declare any charges due and payable and initiate legal process to recover monies owed, and/or, pursue any other legal rights and remedies available to MAT Exercise of any remedy available to MAT shall not constitute an election of remedies or a waiver of any additional remedies to which MAT may be entitled. MAT has the right to give notice by email, letter or fax, whereby MAT, will give fourteen days for the monies owed to be paid. Failure to pay outstanding monies after this period of time, the Renter will be charged interest of 5% per month over the base rate of the central bank of the country it is hired within.
- RETAKING OF EQUIPMENT. If for any reason it becomes necessary for MAT to re-take the equipment, Renter authorizes MAT to re-take the equipment without further notice or further legal process and agrees that MAT shall not be liable for any claims for damage or trespass arising out of the removal of the equipment.
- LEGAL FEES. In the event an attorney is retained to enforce any provision of this Rental Agreement, the prevailing party in the dispute shall be entitled to recover reasonable attorney’s fees and court costs in such action, or proceeding, in an amount to be determined by the court.
- NOTICE OF NON-WAIVER/SEVERABILITY. Any failure of MAT to insist upon strict performance by Renter as regards any provision of this Rental Agreement shall not be interpreted as a waiver of MAT right to demand strict compliance with all other provisions of this Rental Agreement against Renter or any other person. The provisions of this Rental Agreement shall be severable so that in the event any provision of this agreement is invalid or not enforceable, shall not effect any other provision or clause.
- MISCELLANEOUS. Renter is fully aware and acknowledges: (a) that the terms and conditions of this Rental Agreement shall apply to all subsequent rentals of the equipment by Renter from MAT via its agents, representatives, employees, independent contractors, or operators; (b) that the Terms and Conditions of this Agreement shall govern all future “delivery without signature,” deliveries should Renter fail or be unable to sign the Rental Agreement at time of delivery; (c ) and is responsible for packing and shipment charges to return the equipment to MAT nominated return address, agent representative or employee, independent contractor, operator; (d) for online and overseas transactions the Renter will contact their bank/credit facility to clear funds for payment and that MAT will assess the cost of the credit card, Paypal, or any other payment system cost that MAT will incur for any declined payment; (e) is responsible for damage to the equipment (except fair wear and tear), and will be assessed the cost of replacement of equipment and will be payable to MAT; (f) that no alterations, additions or improvements occur to the equipment without written or email from MAT
- By paying for and requesting this rental you acknowledge that you have read and agree to operate under these terms and conditions and that you are happy for MAT to contact you to arrange for further payments in accordance with any of the above necessary and applicative charges.
END OF EQUIPMENT RENTAL TERMS AND CONDITIONS
