TERMS & CONDITIONS

for Explorify Motorcycle Rentals LLC.

(CA Corporation No: 82-4431605)


These terms and conditions (the “Terms and Conditions”) govern all purchases and sales of rentals, services and products between Explorify Motorcycle Rentals LLC, P.O.Box 16058, San Diego, CA 92176; California corporation (entity number: 82-4431605), hereafter referred to as “Explorify” “We” or “Us”, and the Customer, hereafter referred to as “You” or ‘Your”. These Terms and Conditions, along with Your rental agreement, constitute the entire contract between You and Explorify.  By placing an order with Explorify You agree to be bound by these Terms and Conditions as well as the terms and conditions of Explorify AS, Explorify AB/INC and all the companies’ partners that will be used to deliver the services and products included in Your order.  These Terms and Conditions affect Your legal rights and obligations.  If You do not agree to be bound by the Terms and Conditions, do not place an order with Explorify.

GENERAL TERMS

By placing an order, You accept our Terms and Conditions, and declare that You have a valid driver’s license authorizing You to operate the vehicle You are renting for the entire rental period. Explorify shall not be liable for losses resulting from refusal to approve/accept Your driver’s license. You covenant and declare that You carry appropriate levels of travel and medical insurance coverage for the entire rental period.

Definition of Rental Agreement” means all terms and conditions found in these Terms & Conditions, the Face Page, the Waiver “Vehicle/Motorcycle Renter Passenger Release of Liability” and “Acknowledgement and Assumption of Risk”, any addenda and any additional materials We provide at the time You make a reservation on OUR web shop and/or that You sign at the time of rental (vehicle pick-up). “You” or “Your” means the person identified as the renter on the reverse, any person committing to this Agreement, any Authorized Driver and any person or organization to whom charges are billed by Us at its or the renter’s direction. All persons referred to as “You” or “Your” are jointly and severally bound by this Agreement. “Authorized Driver” means the renter and any additional driver listed by Us on this Agreement, provided that each such person has a valid operator’s license for the type of vehicle rented and is at least 21 years of age.

Authorized Drivers are the only persons permitted to operate the Vehicle. “Vehicle” means the motorized “power sport” vehicle (e.g. motorcycle, scooter, ATV, LSV, UTV, dirt bike, golf cart, or similar vehicle) identified in this Agreement and any vehicle We substitute for it, and all its tires, tools, accessories, equipment, keys and vehicle documents. “Loss of Use” means the loss of our ability to use the Vehicle for our purposes due to Vehicle damage or loss during this rental, including, without limitation, use for rent, display for rent and sale, opportunity to upgrade or sell, or transportation of employees. “Diminished Value” means the difference between the fair market value of the Vehicle before damage and its value after repairs as calculated by a third‐party estimate obtained by Us or on our behalf. “Charges” means the fees and charges that are incurred under this Agreement. “Rental Period” means the period between the time You take possession of the Vehicle until the Vehicle is either returned to or recovered by Us and checked in by Us.


Where these Terms and Conditions require authorization in writing, that requirement is fulfilled when such authorization in conveyed via email or other digital media.

 

1.1 Parties’ Contact Information

 

Vendor: Explorify Motorcycle Rentals LLC, P.O. Box 16058, San Diego, CA 92176, Phone: +1 (800) 395-0591, Email: tours@explorifyrentals.com.

 

Customer: The person(s) identified as the customer on the order is/are responsible for providing correct personal and valid email addresses, telephone numbers, and save our e-mail address.

 

2.1 Vehicle Rentals includes

– Motorcycle rental for 24 hours, rates vary according to model choice & seasonality. Unlimited mileage (for selected models), vehicle insurance required by law, are included – if not otherwise specified.

–  Helmet rental (open half helmet). We encourage You to bring Your own helmet for comfort and style.

 

Exclusion & Optional add-ons:

– Taxes   – Loss Damage Waiver (LDW)

– One-way and/or Drop-off fees   – Supplemental Liability insurance

– First choice of motorcycle – Insurance upgrade (rates will vary according to vehicle choice)

– Travel and cancellation insurance

– Addition driver insurance

 

2.2 Charges.

You permit Us to reserve or set aside against Your credit/debit card (“Reserve”) or take a cash deposit (“Deposit”) at the time of rental a reasonable amount in addition to the estimated charges. We may use the Reserve or Deposit to pay all Charges. We will authorize the release of any excess Reserve or refund any excess Deposit upon the completion of Your rental. Your debit/credit card issuer’s rules will apply to Your account being credited for the excess, which may not be immediately released by the card issuer. You will pay Us, or the appropriate government authorities, at or before conclusion of this rental or on demand all Charges, including: (a) time and mileage for the period during that You keep the Vehicle, or a mileage charged based on our experience if the odometer is tampered with or disconnected; (b) charges for additional drivers; (c) optional products and services You purchased; (d) fuel, if You return the Vehicle with less fuel than when rented; (e) applicable taxes; (f) tolls (“Tolls”) and Toll, parking, and traffic fees, fines, and penalties (“Violations”) assessed against Us or the Vehicle; if We are required to pay the charging authority for Tolls or Violations, You will reimburse the amount that We pay, plus our administrative fee of up to $50 for each such Toll or Violation; (g) all expenses We incur in locating and recovering the Vehicle if You fail to return it or if We elect to repossess the Vehicle under the terms of this Agreement; (h) all costs, including pre‐ and post‐judgment attorney fees, We incur collecting payment from You or otherwise enforcing our rights under this Agreement; (i) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (j) $50 or the maximum amount permitted by law, whichever is greater, if You pay Us with a check returned unpaid for any reason; (k) a reasonable fee not to exceed $250 to clean the Vehicle if returned substantially less clean than when rented; and (l) a fee of up to  $250 if You lose the keys to the Vehicle. All Charges are subject to our final audit. If errors are discovered after the close of this transaction, You authorize Us to correct the Charges with the payment card issuer.

 

2.3 Vehicle orientation

You will receive orientation of the motorcycle model You are renting. The orientation will cover all aspects of safe motorcycle operation and the maintenance responsibilities.

 

2.4 Fuel

Fuel costs are Your responsibility. We claim no responsibility for motorcycle fuel consumption and mileage. You will receive the motorcycle with a Full Tank of fuel and is responsible to return the motorcycle with a full tank of fuel. You may prepay for fuel refill. If prepaid fuel is not purchased and vehicle needs refueling, a $35 charge will be added.

 

2.5 Additional Rider

Additional driver is permitted at no extra rental fee, however, there will incur an additional daily insurance charge. The minimum age for an additional driver is 21 and a valid motorcycle license is required.

 

2.6 Maintenance Responsibility

You are responsible for checking engine oil levels at each refueling and reporting mechanical failures immediately to Explorify. You may be held responsible for mechanical damage due to negligence in motorcycle operation or failure to provide normal maintenance.

 

2.7 Restrictions

A Violation of the listed restrictions voids all Loss Damage Waivers (sect. 2.10) and You will be held liable for damages. Road Restriction: Rental street motorcycles are not allowed on gravel roads, beaches, logging or other non-public roads. Mexico Restriction: Clients cannot enter Mexico on a USA bike without written authorization. Furthermore, additional insurance is required. Death Valley WARNING: Entering Death Valley during the months of June & August is dangerous and not recommended.

 

2.8 Return policy/Late return

One rental day is based on a 24-hour rental period starting from the time of pick-up. For rentals, We apply a 59-minute grace period for returns. If You return the vehicle more than 59 minutes from the scheduled drop-off date and time, You will be charged an additional rental day. Vehicles that are returned after hours, or when the store location is closed, will not be checked-in until the next business day. Customers are responsible for the vehicle until the check-in is completed on the next business day. No refunds for early motorcycle returns are granted.

 

2.9 Insurance and Protection

You are responsible for all damage or loss You cause to the Vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering You, Us, and the Vehicle. We also provide an insurance policy (“Policy”) that covers motorcycle/automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance We are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and We reject PIP, medical payments, nofault, uninsured and underinsured motorist coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to Us and all accidents to Us and the police as soon as You discover them and complete our incident report form; and (b) provide Us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if You give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if You fail to cooperate in a loss investigation or to file a timely and accurate incident report.

You are not insured for vehicle Damage or Theft. We offer several options from upgrading Your Liability or Damage Waiver (sect. 2.10 and 2.11). Please carefully check Your insurance coverage with Your insurance provider and/or from Your credit card company. Because motorcycle rentals are considered an exotic rental most credit cards and insurance do not provide the same coverage as they do with normal car rentals.

 

2.10 Loss/Theft Damage Waiver Coverage (LDW)

All Loss/Theft Damage Waivers (LDW) and Supplemental Liability Insurance options are subject to the specified terms and conditions of the rental contract and do not include coverage for injury, personal property, or damage as the result of negligence such as illegal use or use of rental while under the influence of drugs or alcohol.  A Police Report is required for all accidents resulting in damage or injury. All damage to a rented motorcycle or car without a police report will be considered to be the responsibility of the Renter.

 

Specified below are the LDW options:

 

 

NO Coverage purchased

Loss/Theft & Damage Waiver

Zero Loss/Theft & Damage Waiver

Daily Rate

 

$25/Day

$35/Day

Theft (Covers Theft of Motorcycle and motorcycle accessories provided motorcycle was locked with all locks supplied Us. Does NOT include personal belongings left on motorcycle or in saddlebags.)

Renter pays

Full Retail Value of Motorcycle

$2.500 deductible Renter pays Up to $5,000 per occurrence.

$1.000 deductible Renter pays Up to $1.000 per occurrence.

Damage (covers any and all accidental; non-negligent, damage to motorcycle and motorcycle accessories)

Renter pays

Full Retail Value of ALL damages

$2.500 deductible Renter pays Up to $2.500 per occurrence.

$0 deductible

Renter pays $0

Personal Property Loss Protection

(In the event of theft or damage to personal property and belongings.)

Not included

Not included

Not included

Additional Driver

Renters are fully covered when exchanging rental motorcycles within Your riding group.

Not included

Not included

Not included

Flat Tire Coverage

Not included

Not included

Covers tire repair/labor

Towing

Not included

Towing is covered up to an amount of $100 per occurrence

Towing is covered up to an amount of $350 per occurrence

Security Deposit

$5.000,-

$750,-

$500,-

 

 

2.11 SUPPLEMENT LIABILITY INSURANCE (SLI)

Supplemental Liability Insurance (SLI) provides supplemental third-party liability insurance at limits excess of state-required minimum financial responsibility limits. Note: SLI is supplemental and secondary to all other available insurance where permitted by law.  NB: SLI is only available at participating license US locations.

We offer and SLI $300,000 Upgrade Coverage.

 

Specified below is the SLI option We offer:

 

 

NO Coverage purchased

$300.000 Supplemental Liability

 

Daily Rate

 

$15/Day

Provides supplemental third-party liability insurance at limits excess of state-required minimum financial responsibility limits.

Renter is only covered by state minimum.

Renter is covered up to $300,000 per occurrence

 

2.12 Roadside assistance

Roadside Assistance Coverage provides towing and roadside assistance by an approved vendor if Your motorcycle becomes inoperable. Your benefits include emergency road service towing (within 30 miles of occurrence), emergency fuel delivery (up to 2 gallons) and jump start services. If You purchase Roadside Assistance, We will waive the cost of any approved tow or road side assistance service up to the amount of $400 USD per incident.

 

3. Rental, Indemnity and Warranties.


This is a contract for the rental of the Vehicle. We may repossess the Vehicle at Your expense without notice to You, if the Vehicle is abandoned or used in violation of law or this Agreement. You agree to indemnify Us, defend Us and hold Us harmless from all claims, liability, costs and attorney fees We incur resulting from, or arising out of, this rental and Your use of the Vehicle. We make no warranties, express, implied or apparent, regarding the Vehicle, no warranty of merchantability and no warranty that the Vehicle, including, but not limited to, its design, capacity, condition, merchantability, or fitness for use or for any particular purpose. You agree that We will not be liable to You for any loss, consequential or other damages or expenses of any kind caused directly or indirectly by, or arising in connection with, the vehicle, its use, operation or failure to operate, maintenance or failure to be maintained, or by any interruption of service or loss of use of the motorcycle.

 

4. YOUR REPRESENTATIONS.

You represent that (i) You are at least 21 years of age and in sound medical condition; (ii) You understand that unique risks are involved in motorcycle riding; (iii) You possess the skill, knowledge, confidence and experience on motorcycles the size of the Motorcycle to operate the Motorcycle in a safe manner; (iv) You will not operate the Motorcycle without wearing a D.O.T. certified helmet; (v) You possess a valid driver’s license that qualifies me to operate a motorcycle in the state or country of my permanent residence with the same rating as the Motorcycle; and (vi) You are not under the influence of an alcoholic beverage or a controlled substance or any prescription or nonprescription drug which could impair my ability to operate the Motorcycle.

 

 5. WAIVER OF LIABILITY.

By confirming Your order & Our Terms & Conditions YOU RELEASE, WAIVE, DISCHARGE, COVENANT NOT TO SUE AND AGREE TO HOLD US, EXPLORIFY Motorcycle Rentals LLC, JOYRIDES TOURS INC, AND ITS AFFILIATED COMPANIES, AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND ASSIGNS (COLLECTIVELY, “RELEASED PARTIES”), HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, LEGAL PROCEEDINGS, WHETHER CIVIL OR CRIMINAL, PENALTIES, FINES, OR OTHER SANCTIONS, THAT MAY HAVE ACCRUED OR MAY ACCRUE IN THE FUTURE AGAINST ANY RELEASED PARTY DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING IN ANY RESPECT TO THE RENTAL OR  PERATION OF THE MOTORCYCLE BY YOU OR ANY OTHER PERSON. THIS WAIVER AND RELEASE WILL INCLUDE, BUT NOT BE LIMITED TO, ANY INJURY, DAMAGE OR LOSS TO YOUR PERSON OR PROPERTY WHICH MAY BE (A) CAUSED BY ANY ACT, OR FAILURE TO ACT, BY ANY RELEASED PARTY OR (B) SUSTAINED BY YOU BEFORE, DURING, OR AFTER THE RENTAL. THIS WAIVER AND RELEASE DOES NOT RELEASE YOU FROM ANY LIABILITY THAT IS CAUSED BY YOUR INTENTIONAL MISCONDUCT OR FROM ANY OTHER LIABILITY THAT CAN NOT BE EFFECTIVELY RELEASED BY YOU UNDER APPLICABLE LAW. THIS WAIVER AND RELEASE IS IN ADDITION TO, AND IS NOT INTENDED TO LIMIT IN ANY MANNER, THE MOTORCYCLE RENTAL RELEASE OF LIABILITY EXECUTED BY YOU ALONG WITH THIS AGREEMENT. IN THE EVENT THAT THE TERMS OF THIS WAIVER AND RELEASE AND THE MOTORCYCLE RENTAL RELEASE OF LIABILITY CONFLICT IN ANY MANNER, THE TERMS OF THE MOTORCYCLE RENTAL RELEASE OF LIABILITY WILL GOVERN.

 

 6. Condition and Return of Vehicle.

You must return the Vehicle to our rental office or other location We specify, on the date and time specified in this Agreement, and in the same condition that You received it, except for ordinary wear. If You wish to extend the Rental Period, You must return the Vehicle to our rental office for inspection and written amendment by Us before the due‐in date. If the Vehicle is returned after closing hours, You remain responsible for the loss of, and any damage to, the Vehicle until We inspect it upon our next opening for business, and Charges will continue to accrue. Service to the Vehicle or replacement of parts or accessories during the rental must have our prior approval. You must check and maintain all fluid levels and return the Vehicle with at least the same amount of fuel as when rented. Any vehicle not returned within four hours of the return time specified above will be reported to the police as stolen. You waive all claims against US for any consequences ensuing from You making such report. Failure to return the vehicle may constitute a felony punishable by up to five years in prison.

 

 7. Responsibility for Vehicle Damage or Loss; Reporting to Police.

You are responsible for all damage to or loss or theft of the Vehicle, including damage caused by weather, acts of god or terrain conditions. Subject to the law in the jurisdiction where the Vehicle was rented, Your responsibility will include: (a) all physical damage to the Vehicle measured as follows: (i) if We determine that the Vehicle is a total loss, the fair market value of the Vehicle, less salvage; (ii) if We determine that the Vehicle is repairable: (A) the difference between the value of the Vehicle immediately before the damage and the value immediately after the damage; or (B) the reasonable estimated retail value or actual cost of repair plus Diminished Value; (b) Loss of Use, which is measured by multiplying Your daily rental rate either by the actual or estimated number of days from the date the Vehicle is damaged until it is replaced or repaired, which You agree represents a reasonable estimate of Loss of Use damages and not a penalty; (c) an administrative fee, calculated based on the damage repair estimate as follows, which You agree is reasonable: $0‐$250 damage=$50 fee; $251‐$500 damage=$75 fee; $501‐750 damage=$100 fee; $751‐1500 damage=$150 fee; $1501‐2500 damage=$200 fee; over $2500 damage=$250 fee; (d) towing, storage, and impound charges and other reasonable incidental and consequential damages; and (e) all costs associated with our enforcement of this Agreement or collection of Charges, including attorneys’ fees, collection fees, and costs whether or not litigation is commenced. You must report all accidents or incidents of theft and vandalism to Us and the police as soon as You discover them.

If You believe Your responsibility for the Loss is covered by Your own insurance or my charge card issuer, You will provide Us Your insurer and policy number or card issuer and its insurer. You authorize Us to collect the Loss directly from the insurer. You also authorize US to collect the Loss directly from a third party responsible for the Loss. We will refund any sum We collect in excess of the Loss.

 

 8. Prohibited Uses.

The following uses of the Vehicle are prohibited and are material breaches of this Agreement. The Vehicle shall not be operated or used: (a) by anyone who is not an Authorized Driver, or by anyone whose driver’s or other operator’s license is suspended in any jurisdiction; (b) by anyone under the influence of prescription or nonprescription drugs or alcohol; (c) by anyone who obtained the Vehicle or extended the rental period by giving Us false, fraudulent or misleading information; (d) in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Vehicle; (f) while carrying dangerous or hazardous items or illegal materiel in or on the Vehicle; (g) outside the geographic limitations indicated elsewhere in this Agreement; (h) if the odometer has been tampered with or disconnected; (i) when the Vehicle’s fluid levels are low, or it is otherwise reasonable to expect You to know that further operation would damage the Vehicle; (j) to commit a willful, wanton or reckless act; (k) by anyone who is sending an electronic message, including text (SMS) messages or emails, while operating the Vehicle; or (l) in violation of any “Rules of the Road,” vehicle safety and operations training, or other similar materials that We provide to You at the time of rental.

 

 9. Your Property.

You release Us, our agents and employees from all claims for loss of, or damage to, Your personal property or that of any other person, that We received, handled or stored, or that was left or carried in or on the Vehicle or in our offices, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility

 

10. Miscellaneous.

No term of this Agreement can be waived or modified except by a writing that We have signed. This Agreement constitutes the entire agreement between You and Us. All prior representations and agreements between You and Us regarding this rental are void. A waiver by Us of any breach of this Agreement is not a waiver of any additional breach or waiver of the performance of Your obligations under this Agreement. Our acceptance of payment from You or our failure, refusal or neglect to exercise any of our rights under this Agreement does not constitute a waiver of any other provision of this Agreement. You waive all recourse against Us for any criminal reports or prosecutions that We take against You that arise out of Your breach of this Agreement. Unless prohibited by law, You release Us from any liability for consequential, special or punitive damages in connection with this rental or the reservation of a vehicle. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.