Renter Agreement

Ride Blue B.V. Rental Agreement and Liability Release (Effective 2024)

This is the Rental Agreement and Release of Liability ("Agreement") between you ("Renter," "you," or "user") and Ride Blue B.V., a company operating on the Dutch side of Sint Maarten including its employees, directors, officers, shareholders, vendors, agents, or representatives (collectively referred to as “Company”, “us”, “we”, or “our”),. We are collectively referred to as the "Parties" in this Agreement.

By using Ride Blue B.V.'s services, including the App (mobile app, website, and related services), you agree to the terms outlined in this Agreement. This includes the rental and/or use of electric vehicles, scooters, or other equipment ("Vehicle"), and all other services provided by Ride Blue B.V.

Before using our services or the App, carefully read and understand the terms and conditions in this Agreement. It covers your responsibilities and obligations, and it's important to know how it affects your use of Ride Blue B.V.'s services and the App. Please refer to Ride Blue B.V.'s Terms of Use and Privacy Policy, both of which are part of this Agreement. Your agreement to these terms is crucial as they are legally binding and govern your use of our services and the App.

Representations and Warranties:

  • You represent and warrant that you are 18 years of age or older, in sound mind, fully competent, and possess the right and authority to enter into this Agreement, including the authority to bind its successors, heirs, assigns, and beneficiaries hereto.

  • You represent and warrant that you are both legally allowed and physically fit to operate the Vehicle. You further represent that you are physically capable of using the Equipment, and no medical professional has advised against such use. There are no health-related reasons or problems that may preclude your use of the Equipment or aggravate any pre-existing conditions.

  • Additionally, you represent and warrant that you have the capability and agree to satisfy all terms, conditions, and obligations herein. Your use of the Services and App is and will be in compliance with all applicable local laws.

  • You represent that you have read, understood, agree with, and will abide by the terms of this Agreement. Furthermore, you represent and warrant that you are the sole user and renter, the sole occupant of the Vehicle, and solely responsible for compliance with the terms of this Agreement.

Vehicle Usage:

  • All Equipment must be used safely and prudently, following the manufacturer’s and Company’s instructions, its intended purpose, and in compliance with all applicable local laws.

  • Vehicles may not always be available and are accessible only during Company’s operating hours on a first-come, first-served basis. Availability is not guaranteed due to limited numbers.

  • If you wear glasses or similar apparatuses, you must wear them at all times while operating the Vehicle.

  • By choosing to ride or operate a Vehicle, you assume all responsibilities and risks for any injuries or medical conditions. You are responsible for assessing whether conditions, such as road conditions, weather, visibility, and traffic, make it unsafe to operate a Vehicle.

  • The Vehicles and other products or Services provided by the Company are the exclusive property of the Company.

  • Do not dismantle, write on, or modify, repair, or deface a Vehicle, any part of a Vehicle, helmet, phone/charger, or other Company equipment.

  • Do not write on, peel, or modify any sticker on a Vehicle.

  • Do not use a Vehicle or other Company equipment for advertising or commercial purposes without express written permission from the Company.

  • At any time, with or without reason, the Company may request the return of the Vehicle.

  • Operate the Vehicle according to its design, following the Company’s and manufacturer’s instructions, and ensure safe operation.

  • Avoid using the Vehicle in prohibited areas or over surfaces that may reasonably cause damage to the Vehicle.

  • Adhere to all local, state, federal, and other applicable laws, ordinances, regulations, and traffic signs related to the use, riding, parking, charging, and operation of the Vehicle (including helmet laws). Review and comply with appropriate helmet standards.

  • Understand that the Vehicle is electronic and requires periodic charging for operation. Charge the Vehicle appropriately before intended use, as operational capabilities decrease with use.

  • Recognize that the charge level varies among individual Vehicles, and the operational duration is not guaranteed. Maintain an adequate and safe charge level, as burn rate and charging rate differ for each Vehicle.

  • Acknowledge sole responsibility for any consequences, claims, demands, losses, liabilities, damages, injuries, costs, expenses, penalties, attorney’s fees, judgments, suits, or disbursements related to charging or attempting to charge the Vehicle.

Prohibited Uses:

  • Engaging in road rage, verbal or physical altercations, or disturbances while using, operating, or possessing the Vehicle.

  • Carrying or holding items that may impair your ability to drive safely or add excess weight to the Vehicle.

  • Using a cell phone, text messaging device, smartwatch, or other communications device, or portable music player.

  • Operating the Vehicle under the influence of drugs, medications, alcohol, or substances impairing your ability to safely operate the Vehicle.

  • Carrying or transporting another person or child.

  • Using locking mechanisms or security devices other than those provided by the Company or manufacturer.

  • Parking or storing the Vehicle in prohibited locations, on private property without the property owner's permission, in a right of way or easement blocking access to others, or in high-traffic areas that may damage the Vehicle.

  • Using the Vehicle in any manner contrary to the manufacturer's intended use, violating this Agreement, or the Company's instructions. Prohibited uses include racing, stunt or trick riding, dangerous operation, or any deviation from the intended purpose.

  • Operating the Vehicle through unusual, unsafe, or hazardous conditions (e.g., water, fire, ice, unpaved roads, construction sites, off-roading, road hazards).

  • Leasing or subleasing the Vehicle to any third party or using the Vehicle for commercial purposes without the Company's express written consent.

  • Operating the Vehicle in a manner causing a nuisance to others or violating any local, state, federal, and other applicable laws, ordinances, regulations, or traffic signs.

  • Operating the Vehicle with excess weight beyond the manufacturer's specifications or beyond 240 lbs/109 kgs.

  • Tampering with the Vehicle or any other equipment.

  • Operating or using any Equipment in a negligent or reckless manner.

  • Permitting the Equipment to be used by any unauthorized person.

  • Operating or using the Equipment in violation of the law.

  • Operating or using the Equipment in a manner likely to cause damage to the Equipment.

Payment:

The Renter agrees to pay the Company a “Total Rental Fee” of $2.00 to unlock the vehicle and 0.35 cents per minute thereafter for each new ride, as outlined in the provided fee schedule. By signing this Agreement, the Renter authorizes the Company to charge their credit or debit card for the total owed. Furthermore, the Renter agrees not to chargeback, dispute, or attempt to reverse any payments. Access to the Company's Services requires a valid credit card, debit card, or other payment method, along with accurate billing information. By providing payment, the Renter confirms they are authorized to use the payment method and can provide valid, lawful, and complete payment to the Company. The Renter must maintain accurate payment information at all times. Prices advertised by the Company are in United States Dollars; however, payments may be converted by the financial institution or payment processor. The Company is not liable for any inaccuracies in currency conversions. Saving payment information to the Application or its processor is done at the Renter's risk. Before disputing any payment, the Renter agrees to notify the Company, provide necessary details, and allow at least 10 days for investigation and response, which may include payment adjustments.

Deposit:

A $25.00 hold may be placed on the Renter's debit/credit card after twenty-four (24) hours, once payment has been automatically processed through the Ride Blue App. The hold/deposit will be released at the end of each ride. It may take seven (7) to ten (10) days for this release to reflect in your bank account, depending on the financial institution.

Non-Sufficient Funds Fees:

In the event of a payment denial due to insufficient funds, I hereby agree to pay an additional $10.00 as a non-sufficient funds fee.

Damage Fees:

If the Equipment sustains damage, either wholly or partially, the Renter is liable for the following: the value of the damage, repair costs, loss of use, decrease in the Equipment's value due to damage, replacement expenses, and any other losses suffered by the Company due to said damage.

Failure to Return Equipment:

In the event the Equipment, in whole or in part, is lost, missing, not parked in designated spot, or not timely returned to the Company, the Renter shall be charged the market value of the lost or non-returned Equipment, plus any damages or losses incurred by the Company for such failure to timely return the Equipment. In the event the Company is able to retrieve the Vehicle or Equipment, then the Company shall charge an administrative pick-up fee to compensate its staff for the time and cost to retrieve the Equipment, as determined by the Company in its sole discretion.

Fees:

The Renter shall be responsible for any and all traffic citations, toll fees, fines, impound or tow charges, or other amounts assessed to the Company or imposed on the Vehicle, in addition to all other payments owed under this Agreement.

Total Rental Fee:

The “Total Rental Fee” shall include all fees and costs due under this Agreement for the Equipment and Services described herein, plus all applicable taxes.

Location of Equipment:

During the Term, all Services shall be rendered, and the Equipment shall only be operated in designated geofence area, designated on the Ride Blue App. The Renter agrees to not relocate any of the Equipment.

Condition of Vehicle:

In case of any crash, accident, damage, personal injury, traffic violation, theft, loss, or other incident, you must immediately report it to the Company via the Ride Blue App. If applicable, you should also file a police report and provide it to the Company. You agree that you are solely responsible and liable for any misuse, consequences, claims, demands, causes of action, losses, liabilities, damages, injuries, costs, expenses, penalties, attorneys’ fees, judgments, suits, or disbursements of any kind or nature whatsoever related to a stolen or lost Vehicle or related equipment provided by the Company. If fines, citations, impound charges, or other assessments are imposed on you, the Vehicle, or the Company, you are accountable for all owed sums. These amounts shall be payable to the Company if it chooses to cover such sums to repossess the Vehicle. Your automotive insurance policies might not extend coverage to accidents involving or damage to this vehicle. To determine coverage availability, please contact your automotive insurance company or agent. If you possess automotive or any other insurance that could potentially cover claims, you agree that such insurance would be primary and non-contributory. Unless otherwise specified in writing and delivered to the Company at the time of delivery, you acknowledge and agree that you have inspected the Equipment and accept it in AS-IS and WHERE-IS condition. The COMPANY MAKES NO WARRANTIES WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. You acknowledge that you are not relying on the Company’s skill or judgment to select or furnish goods suitable for any particular purpose. The COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES FOR THE EQUIPMENT OR ANY COMPONENT THEREOF.

Return of Equipment:

Renter shall return the Equipment on the date/time required by the Company in the same condition s/he/it received it. Renter shall return the Equipment to the agreed return location. If Equipment is not returned on said date/time, Company reserves the right to take any action necessary to regain possession of the Equipment or pursue all applicable remedies under the law or as stated herein.

Indemnification and Liability:

  • Renter is responsible for indemnifying, defending, and holding the Company harmless from any claims, losses, or liabilities, including attorneys’ fees and costs, arising from the Agreement or the rental/use of Equipment, regardless of cause. This provision remains valid even after termination of the Agreement.

  • The Company shall not be liable for any indirect, special, punitive, or consequential losses or damages resulting from the Agreement or the rental/use of Equipment, including but not limited to lost profits, revenue, or wages.

  • The Company, its affiliates, licensors, service providers, employees, agents, officers, or directors shall not be liable for any damages arising from your use or inability to use the Equipment, under any legal theory, including personal injury, emotional distress, loss of revenue, data or personal property, regardless of foreseeability.

  • If there's any issue with the Equipment or the Service, your sole remedy is to stop using the Equipment. The Company's total liability for damages, losses, and causes of action shall not exceed the greater of $25.00 or the total fees paid to the Company in the previous six months.

  • This indemnification is construed broadly to the fullest extent allowed by law.

Release:

You agree to release, waive, discharge, and covenant not to sue the Company, absolving it from liability for any injuries or damages incurred by you, your invitees, licensees, or guests, as well as their property. This includes claims related to wrongful death, disability, criminal acts, theft, property damage, or any other form of injury or damage, whether physical or emotional. You relinquish any claims arising from acts of negligence, including gross negligence, on the part of the Company, past, present, or future. You expressly release the Company from all liability and agree to hold it harmless from any claims, demands, injuries, damages, or causes of action, including those resulting from your own actions or omissions, whether willful or negligent, and including any violations of this Agreement or misrepresentations made herein. Furthermore, you agree to indemnify the Company and hold it harmless against any claims, demands, injuries, or damages resulting from your actions, those of your invitees, licensees, or guests, whether direct or indirect, and whether due to willful or negligent conduct, including any violations of this Agreement. You also release and hold harmless the Company from any liability arising from this Agreement or its subject matter. This release is to be construed broadly to the maximum extent permitted by applicable law.

Assumption of Risks:

Renter explicitly acknowledges and accepts the risks associated with this Agreement and the use of the Equipment. These risks include, but are not limited to: physical or emotional injuries, falls, fractures, concussions, terrain difficulties, adverse weather conditions, overexertion, overheating, physical strains, encounters with hostile or aggressive wildlife, bites or stings from animals or insects, collisions, fire, death, drowning, traffic accidents, injuries resulting from negligence or failure to avoid hazards, lack of fitness or conditioning, dangerous or defective equipment, intentional acts or negligence of others, loss of control, equipment malfunctions, burns or cuts, allergic reactions, food-borne illnesses, and injuries caused by environmental factors such as terrain, weather, or facilities. Renter acknowledges that some of these risks are inherent to the Agreement or the use of the Equipment, while others are secondary to the aforementioned risks. Renter expressly assumes all such risks associated with this Agreement and the use of the Equipment. Additionally, the Company has provided full disclosure of all risks to the Renter either before or upon delivery of the Equipment.

Termination:

The Company reserves the right to suspend or revoke your access to our Services, Equipment, or Application, without prior notice, for any reason or without reason. Additionally, we retain the authority to restrict your access to our Services, Equipment, or Application. While the Renter can terminate their usage of the Services or Equipment at any time, it is important to note that:

  • No refunds, either full or partial, will be issued by the Company.

  • The terms of this Agreement will persist until the original expiration date.

  • Despite the Renter terminating the Company's Services or Equipment early, the Renter remains responsible for any outstanding amounts owed under this Agreement.

Class Action Waiver:

The Parties acknowledge that any dispute, claim, complaint, litigation, arbitration, mediation, or other legal proceeding, whether or not formalized as a lawsuit, shall be pursued solely on an individual basis, and not as part of a class action or any other representative action. Both parties explicitly renounce their right to initiate or participate in class actions or seek remedies on a class-wide basis. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY ONLY ASSERT CLAIMS AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR MEMBER OF A CLASS IN ANY ALLEGED CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous:

  • All disputes, including matters, claims, complaints, litigations, arbitrations, or any other legal proceedings, irrespective of whether formalized as lawsuits, must be handled solely on an individual basis.

  • Both parties explicitly waive their right to engage in class actions or any form of representative action.

  • It is agreed that each party may only pursue claims against the other in their individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

  • This understanding applies regardless of the nature of the legal process, including but not limited to litigation, arbitration, mediation, or any other dispute resolution mechanism.

  • The parties acknowledge and accept that their agreement to resolve disputes exclusively on an individual basis is a fundamental element of their contract and cannot be waived or altered except through explicit mutual consent.