Terms & Conditions

These Terms and Conditions, along with the Reservation Form containing the rental details, collectively constitute the entire Rental Agreement. The Rental Agreement is entered into between Accessible Puerto Rico (hereinafter referred to as “APR”) and the individual signing this agreement (hereinafter referred to as “the Renter”), whose particulars are recorded in the Reservation Form. It is hereby agreed as follows:

SCOPE OF SERVICES

1. The Renter agrees to lease the Equipment specified in the Reservation Form, (hereinafter referred to as “the Equipment”). APR will provide the Equipment on a rental basis, and the Renter will utilize it as a bailment for mutual benefit.

TERM

2. The rental term commences on the delivery date and ends upon the date when the Equipment is returned to APR in accordance with this Agreement.

3. APR shall have the right to immediately retake and repossess the Equipment and terminate this Agreement if the Renter fails to comply with any of the terms, covenants, conditions, and understandings herein. The Renter waives all claims to damages or expenses in respect of such seizure and repossessions.

EARLY RETURN

4. If the Renter returns the Equipment before the agreed-upon end date of the rental period, no refund or proration will be provided for the unused portion of the rental period. The Renter acknowledges and agrees that the rental fee is based on the agreed-upon rental period and not on actual usage. Early return does not entitle the Renter to a refund or reduction in the rental fee. 

LATE RETURN

5. If the Equipment is not returned by the designated date and time specified on the Reservation Form, the Renter acknowledges that the credit card associated with this rental will be charged for each additional day beyond the agreed-upon return time. The first penalty day starts at the originally negotiated pickup time and concludes upon the Equipment’s return. The Renter explicitly understands and authorizes APR to charge the credit card associated with this rental for the additional rental day(s) at a daily rate of $95.00, in addition to the pickup fee.

RENTAL EXTENSION

6. The Renter agrees to obtain APR consent before the expiration of the rental term if there is a desire to continue with the Equipment and extend the rental period. The Renter acknowledges that extending the rental will represent additional costs compared to renting the equipment for the full original period. The Renter explicitly understands and authorizes APR to charge the credit card associated with this rental for the extension of the rental term. If the Renter fails to comply with this clause, late return charges will apply until the Equipment is returned.

RETURN LOCATION

7. Upon completion of the rental period, the Renter acknowledges the requirement to return the Equipment to the pickup location designated on the Reservation Form. The Renter understands and grants authorization to APR to charge the credit card associated with this rental a pickup fee if the Equipment is returned to a location different from the agreed pickup location. 

CANCELLATION POLICY

8. If the Renter cancels the Agreement seven (7) days or more before the delivery date, the Renter is responsible for a $75.00 cancellation fee. A cancellation of less than seven (7) days is non-refundable.

LOSS AND DAMAGE

9. The Renter acknowledges that they have fully inspected and accepted the Equipment in good condition and repair. The Renter further acknowledges that the Renter is familiar and knowledgeable with the operation, care, and control of the Equipment and is capable of safely operating the Equipment.

10. The Renter shall return the Equipment at the end of the term in the same conditions as received and agrees to be the sole operator of the Equipment and to operate the Equipment in a safe and reasonable manner.

11. In the event of loss or damage of any kind whatsoever to the Equipment, the Renter shall, at the option of APR, place the Equipment in good repair, condition, and working order as determined by APR (in its sole and absolute discretion), at the Renter’s sole cost and expense or, alternatively, replace the damage or lost Equipment at the prevailing new market value.

12. The Renter agrees to pay all costs, expenses, and legal fees incurred by APR in regaining possession of the Equipment or in enforcing or recovering any damage, losses, or claims against the Renter.

SERVICE

13. Should the Renter experience any problems with the Equipment, the Renter or his/her representative is responsible for contacting APR immediately. An APR representative will attempt to resolve any service issues over the phone prior to dispatching equipment to replace the Equipment. Failure to contact APR during the rental period will void any change of refund or compensation. Please have your equipment readily available. 

USE OF EQUIPMENT

14. The Renter will use the Equipment in a careful, diligent, and prudent manner and will comply with manufacturer requirements and recommendations regarding the Equipment, and with all applicable laws including, but not limited to, all local, provincial, state, or federal laws regarding the use of the Equipment.

15. The Renter acknowledges that he or she shall be the sole operator and occupant of the Equipment and will use the Equipment for the sole purpose for which it was designed and not for any other purpose. The Renter agrees not to make any modifications to the Equipment. There are not to be additional riders, including children on motorized vehicles.

WAIVER OF LIABILITY

16. The Renter acknowledges that operating the Equipment has inherent risk, dangers, and hazards, including (but not limited to) traffic conditions, weather conditions, road and sidewalks conditions, natural and unnatural objects and obstacles, impact or collision, and negligence of others. THE RENTER ASSUMES ALL RISK AND LIABILITY FOR ANY AND ALL LOSS, DAMAGE, OR INJURY, INCLUDING DEATH, TO PERSONS OR PROPERTY OF THE RENTER OR OTHERS ARISING OUT OF THE RENTAL, POSSESSION, USE, OPERATION, OR CARE AND CONTROL OF THE EQUIPMENT BY THE RENTER INCLUDING, BUT NOT LIMITED TO, ALL MEDICAL COSTS AND FINANCIAL AND ECONOMIC LOSSES.

RELEASE

17. The Renter waives, releases, and forever discharges APR, its directors, members, officers, shareholders, employees, affiliates, agents, servants, heir, executors, administrators, legal representative, and assigns from all manner of actions, causes of actions, costs, expenses, liability, claims, and demands for or by reason of any damage, loss, or injury to person and property which has been or may be sustained related to the rental, possession, use, operation or care and control of the Equipment. The Renter acknowledges that this release is given with the express intention of effecting the extinguishment of certain obligations owed to the Renter, and with the intention of binding the Renter’s spouses, heirs, executors, administrators, legal representatives and assigns.

FORCE MAJEURE

18. Execution of the services covered by this Agreement is contingent upon strikes, accidents, delays of carriers, delays of delivery, delay of personnel or other causes unavoidable or beyond the control of APR. If performance of this Agreement or any obligation under this Agreement is prevented, restricted, or interfered with by causes beyond either party’s reasonable control (“force majeure”,) and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term force majeure shall include, without limitation, acts of God, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, wars, supplier failures, shortages, breach, or delays. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.

INDEMNITY

19. The Renter shall defend, indemnify and hold harmless APR, all of its directors, officers, shareholders, employees, affiliates, agents, servants, heirs, executors, administrators, legal representatives and assigns from and against any and all losses, liability claims, damages, costs, expenses, attorney fees, injuries, demands, actions, and causes of actions, arising out of or related to (directly or indirectly) any loss, damage, injury claimed by any persons that may arise from the Renter’s rental, possession, use, operation or care and control of the Equipment. 

GOVERING LAW

20. It is the intention of the APR and the Renter that this Agreement and the performance under this Agreement, and all suits and proceedings under this Agreement, be construed in accordance with and governed, to the exclusion of the law of any other forum, by the laws of the Commonwealth of Puerto Rico without regard to the jurisdiction in which any action or proceeding may be instituted. The parties hereto attorn to the non-exclusive jurisdiction of the courts of the Commonwealth of Puerto Rico.

SEVERABILITY 

21. If any part of this Agreement be declared or held invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the validity and enforceability of the remainder, which shall continue in force and effect and be construed as if this Agreement had been executed without the invalid or unenforceable portion and it is hereby declared the intention of  the parties hereto that this Agreement would have been executed without reference to any portion which may, for any reason, be hereafter declared or held invalid or unenforceable. 

ENTIRE AGREEMENT 

22. This Agreement constitutes the entire agreement between APR and the Renter. This Agreement shall not be amended, altered or changed except by written agreement signed by APR and the Renter.