Molokai Moped Rental Terms & Conditions
Release of Liability
1. Definitions. “Agreement” means all terms and conditions found in this form. “You” or “your” means the person identified as the renter and/or the person signing 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. “We”, “our” or “us” means Molokai Moped Rental, LLC. “Authorized Driver” means the renter and any additional driver listed by us on this Agreement, provided that each such person has a valid driver’s license and, is at least 18 years of age. “Moped” means the moped identified in this Agreement and any moped we substitute for it, and all its tires, tools, accessories, equipment, keys and moped documents. “Loss of use” means the loss of our ability to use the Moped for any purpose due to damage to it during this rental.
2. Rental, Indemnity and Warranties. This is a contract for the rental of the Moped. We may repossess the Moped at your expense without notice to you, if the Moped 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 Moped. We make no warranties, express, implied or apparent, regarding the Moped, no warranty of merchantability and no warranty that the Moped is fit for a particular purpose.
3. Condition and Return of Moped. You must make arrangements for us to pick up the Moped on the date and time specified in this Agreement, and in the same condition that you received it, except for ordinary wear. The Moped remains our property and failure to return it on the agreed date may constitute larceny. If the Moped is not available at the time arranged for pick up, charges will start to accrue until arrangement is made for pick up.
4. Responsibility for Moped Damage or Loss: Reporting to Police. You are responsible for all damage to or loss of the Moped, including the cost of repair, or the actual cash retail value of the Moped on the date of the loss if the Moped is not repairable or if we elect not to repair it, whether or not you are at fault. You are responsible for theft of the Moped, loss of use, diminished value of the Moped caused by damage to it or repair of it, and a reasonable charge to cover our administrative expenses connected with any damage claim, whether or not you are at fault. You must report accidents or incidents of theft and vandalism to us and the police as soon as you discover them.
5. Further responsibilities. You are further responsible for all damage to or loss of the Moped which: (a) is caused by anyone who is not an Authorized Driver, or by anyone whose driving license is suspended in any jurisdiction; (b) is caused by anyone under the influence of prescription or non-prescription drugs or alcohol; (c) is caused by anyone who obtained the Moped or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Moped is used in furtherance of any illegal purpose or under any circumstance that would constitute a violation of law, other than a minor traffic violation; (e) occurs while pushing or towing anything, or in any race, speed test or contest, or while teaching anyone to drive the Moped; (f) occurs while carrying dangerous or hazardous items or illegal material in or on the Moped; (g) occurs outside the geographic limitations indicated on the reverse; (h) occurs as a result of driving the Moped on unpaved roads; (i) occurs and the odometer has been tampered with or disconnected; (j) occurs when the Moped’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Moped; (k) occurs as a result of your willful, wanton or reckless act; (l) occurs and you fail to summon the police to any Moped accident involving personal injury or property damage.
6. Insurance. You are responsible for all damage or loss you cause to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Moped. Your insurance is primary to any insurance that we may provide.
7. Charges. You will pay us, or the appropriate government authorities, on demand all charges due us under this Agreement, including:(a) optional products and services you purchased; (b) any parking, traffic and toll fines, penalties, forfeitures, court costs, towing, storage and impound charges and other expenses involving the Moped assessed against us or the Moped; if you fail to pay a traffic or toll charge to the charging authority, you will pay us all fees owed to the charging authority plus our administrative fee of $20 for each such charge; (c) all expenses we incur in locating and recovering the Moped if you fail to return it or if we elect to repossess the Moped under the terms of this Agreement; (d) all costs, including pre- and post-judgment attorney fees, we incur collecting payment from you or otherwise enforcing our rights under this Agreement; (e) a 2% per month late payment fee, or the maximum amount allowed by law (if less than 2%), on all amounts past due; (f) $25 or the maximum amount permitted by law, whichever is greater, if you pay us with a check returned unpaid for any reason; and (g) a reasonable fee not to exceed $25 to clean the Moped if returned substantially less clean than when rented, or if the key is missing and needs to be replaced. We will inspect the Mopeds before the Moped is rented, and upon the return, or pickup of the Mopeds.
8. Deposit. We may use your deposit of $150.00 to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your
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 Moped or in any service or delivery vehicles, whether or not the loss or damage was caused by our negligence or was otherwise our responsibility.
10. Terms and Conditions
- All renters and drivers must be at least 18 years old and have valid identification (driver's license/passport).
- All renters and drivers must have a valid driver's license, but they do not need a motorcycle license.
- A credit card is required for a security hold for renting our mopeds.
- Rental charges may be paid in cash or credit card, as long as a security hold is given via a major credit card.
- All renters and drivers assume full responsibility for the security of their rented moped, and are fully responsible for any parking tickets or loss or damage to their rented vehicle.
- Renters will be charged for any lost keys.
- Renters and drivers are responsible for following all driving regulations and relevant moped rules as documented on the State of Hawaii Motor Vehicle Safety website.
- Moped and Moped renters and drivers are responsible for their own safety. Drivers must provide their own helmets. Helmets are recommended.
- Only ONE person is allowed to ride the 49cc moped at a time per Hawaii State Laws.
- Mopeds are only allowed to be driven on paved roads. Driving on beaches or sidewalks is prohibited in Maui County.
10. ASSUMPTION OF RISK. YOU UNDERSTAND THAT THERE ARE POSSIBLE
RISKS TO YOURSELF AND OTHERS, INCLUDING THE RISKS OF DEATH, SERIOUS BODILY INJURY, AND PROPERTY DAMAGE THAT MAY BE ASSOCIATED WITH OPERATING A MOPED.
YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS
YOU MAY HAVE ON THE MOPED.
YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE
IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE
MOPED SAFETY PROCEDURES. YOU VOLUNTARILY ASSUME ALL RISK OF
ACCIDENT OR DAMAGE TO YOUR PERSON OR PROPERTY WHICH MAY BE
INCURRED FROM OR BE CONNECTED IN ANY MANNER WITH YOUR USE,
OPERATION OR RENTAL OF THE MOPED.
11. RELEASE AND INDEMNIFICATION. YOU HEREBY RELEASE US, OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS AND FROM ALL LIABILITY FOR DAMAGE, LOSS OR INJURY (OF WHATEVER KIND, NATURE OR DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE MOPED. YOU FURTHER AGREE TO INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, FROM ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, INCLUDING ATTORNEY’S FEES, EXPENSES AND COSTS, OF YOURSELF OR OF THIRD PARTIES (OF WHATEVER KIND, NATURE OR DESCRIPTION), WHICH MAY ARISE OUT OF, OR IN ANY MANNER CONNECTED WITH, OR CAUSED BY YOUR USE OR BY YOUR GUESTS OR AGENTS, OR OPERATION OR RENTAL OF THE MOPED. THIS RELEASE AND INDEMNIFICATION SHALL BE BINDING UPON YOUR HEIRS,
ADMINISTRATORS, EXECUTORS, AND ASSIGNS.
12. Modifications. No term of this Agreement can be waived or modified except by a writing that we have signed. If you wish to extend the rental period, you must reserve the Moped again and be approved before riding it beyond the original agreed upon pickup date and time. This Agreement constitutes the entire agreement between you and us. All prior representations and agreements between you and us regarding this rental are void.
13. Miscellaneous. 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 agree that this Agreement and any dispute arising therefrom, as well as any dispute arising from your operation or use of the Moped, shall be determined by the courts of Florida and under the laws of the State of Florida.
Hawaii State Law Regarding Mopeds and Rules of the Road:
Motorcycles, motor scooters and mopeds.
(a) The following shall apply to on-street parking of motorcycles, motorscooters, and mopeds in spaces marked for parallel parking on street blocks where there are no designated parking spaces for motorcycles, motorscooters, and mopeds as provided for in subsection (b) of this section:
(1) More than one motorcycle, motorscooter, or moped, or a combination of such motorcycle, motorscooters, or mopeds shall be permitted to park in spaces marked for parallel parking. (2) Regardless of the number of motorcycles, motorscooters, or mopeds parked within a metered parking space, the parking fee shall be the rate established for such parking space. (3) Any motorcycle, motorscooter, or moped parked within any space marked for parallel parking, shall be parked diagonally (at an angle of approximately 60 degrees to the curb line) with the front end facing the street and in the direction which the vehicles in the near lane of traffic are traveling. (4) A minimum clearance of three feet at each end of the parallel parking space shall be maintained; provided that only the vehicle parked within the three-foot area shall be deemed to be in violation of the minimum clearance requirement. (5) No person shall prevent the parking of additional motorcycles, motorscooters, or mopeds when space is available within any parallel parking space. (6) Any motorcycle, motorscooter, or moped parked within any parallel parking space shall be entitled to the full parking time permitted by law; provided that in any metered space each and every vehicle parked within such space shall be deemed to be parked illegally, if the meter displays a violation.
(b) Nothing herein shall prohibit the director of the department of transportation services from establishing, marking and designating parking stalls specifically for the parking of motorcycles, motorscooters, and mopeds upon any street.
(1) Wherever parking stalls for motorcycles, motorscooters, and mopeds are so established, marked off, and designated, the driver of such vehicle shall park the vehicle completely within a designated stall. (2) If on-street parking stalls or spaces are established, marked off and designated for motorcycles, motorscooters, and mopeds along any street block, it shall be unlawful for the driver of any motorcycle, motorscooter, or moped to park such vehicle on any portion of such street block, other than in a stall or space so established, marked off and designated for parking motorcycles, motorscooters, and mopeds along such street block. (3) Wherever parking stalls for motorcycles, motorscooters, and mopeds are so established, marked off and designated, it shall be unlawful for the driver of any other vehicle to park in a stall designated for motorcycles, motorscooters, or mopeds. (4) The term “street block” as used in this section shall mean one side of any street, the length of such side extending between two consecutive intersections; or, in the case of a dead-end street, one side of such dead-end street, the length of such side extending between the dead-end and the nearest intersection. (Sec. 15-13.12, R.O. 1978 (1983 Ed.); Am. Ord. 90-76)
Rules of the Road
When riding a 50cc moped you generally must obey all traffic laws just like every motor vehicle that is on the road.
Traffic laws apply to persons driving mopeds. Every person driving a moped upon a roadway shall be granted all of the rights and shall be subject to all of the duties applicable to the driver of a vehicle under this chapter, except as to the special provisions of this part and except as to those provisions of this chapter which by their nature can have no application. [L 1978, c 175, pt of ∍15]
Effect of violations; vicarious responsibility; jurisdiction. (a) It is a violation for any person to do any act forbidden or fail to perform any act required in this part, except as otherwise provided by law. (b) Any negligence, misconduct, or violation of this part by a minor while driving a moped shall be imputed to the parent or guardian having custody of such minor, which person shall be jointly and severally liable with the minor for any damages caused by such negligence or misconduct and any penalty assessed by the courts for such violation. (c) This part applies to every person driving a moped upon any roadway or highway or any other publicly owned place under the jurisdiction of the State or any county. [L 1978, c 175, pt of §15]
Driver’s license required. (a) No person shall drive a moped unless the person:
(1) Possesses a valid driver’s license of any category listed in section 286-102 or 286-239; and (2) Meets the requirements of section 286-105(3). (b) The driver of a moped shall, upon the demand of a police officer, exhibit the driver’s driver’s license or instruction permit. (c) Any person who is convicted of violating this section shall be subject to penalties as provided under section 291C-161(b) and (e). [L 1978, c 175, pt of §15; am L 1979, c 107, §1; gen ch 1985; am L 1998, c 86, §1; am L 2002, c 37, §2] What persons are exempt from license. The following persons are exempt from license:… (3) Any person who is at least eighteen years of age and who has in the person’s possession a valid driver’s license to drive the categories of motor vehicles listed in section 286-102(b), except section 286-102(b)(4), that is equivalent to a driver’s license issued in this State but was issued to the person in another state of the United States, the Commonwealth of Puerto Rico, United States Virgin Islands, American Samoa, Guam, a province of the Dominion of Canada, or the Commonwealth of the Northern Mariana Islands for that category of motor vehicle which the person is operating; (4) Any person who has in the person’s possession a valid commercial motor vehicle driver’s license issued by any state of the United States, Mexico, or a province of the Dominion of Canada that issues licenses in accordance with the minimum federal standards for the issuance of commercial motor vehicle driver’s licenses.
Driving of mopeds.
(a) No person less than sixteen years of age shall drive a moped. (b) No person shall drive a moped except while sitting astride the seat, facing forward, with one leg on each side of the moped. (c) No person shall drive a moped which is carrying any other person nor shall any person other than the driver ride upon a moped. [L 1978, c 175, pt of §15]
Driving mopeds on roadways.
(a) Every person driving a moped upon a roadway at a speed less than the normal speed of traffic moving in the same direction at such time shall ride as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction, except under any of the following situations:
(1) When preparing for a left turn at an intersection or into a private road or driveway, except where prohibited by official traffic-control devices; (2) When reasonably necessary to avoid conditions (including, but not limited to fixed or moving objects, vehicles, bicycles, pedestrians, animals, surface hazards, or substandard width lanes) that make it unsafe to continue along the right-hand curb or edge; (3) When a roadway is designated and signposted to carry traffic in one direction only and has two or more marked traffic lanes, a person operating a moped may ride as near to the left-hand side of the roadway as practicable.
Driving mopeds on bicycle lanes and paths.
(a) Wherever bicycle lanes are provided on the roadway, moped drivers shall use such bicycle lanes. (b) The director of transportation by rule and the counties by ordinance may with respect to bicycle paths under their respective jurisdictions restrict or prohibit the use of such bicycle paths by mopeds. Signs clearly visible to an ordinarily observant person indicating the restriction or prohibition shall be placed along bicycle paths so designated and every moped driver shall obey the directions thereof (c) Persons driving mopeds upon a roadway shall drive in single file (d) No person shall drive a moped on any sidewalk or area intended for use as a sidewalk, nor shall any person drive a moped on any path or other area intended for the exclusive use of pedestrians. [L 1978, c 175, pt of §15; am L 1982, c 38, §1]
Consuming or possessing intoxicating liquor while operating motor vehicle or moped.
(a) No person shall consume any intoxicating liquor while operating a motor vehicle or moped upon any public street, road, or highway. (b) No person shall possess, while operating a motor vehicle or moped upon any public street, road, or highway, any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed. (c) Any person violating this section shall be fined not more than $2,000 or imprisoned not more than thirty days, or both. [L 1981, c 152, pt of §1; am L 1986, c 171, §3; am L 1987, c 33, §7; am L 1998, c 287, §3; am L 2000, c 62, §1]
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 Moped. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable. You agree to follow any and all laws, rules, terms and conditions of use. If you fail to do so, you agree to be responsible for the resulting consequences.
IMPORTANT!!!!!!!!!!!!!!!!! THIS RELEASE OF LIABILITY IS A LEGAL DOCUMENT WITH LEGAL CONSEQUENCES.
Please read this document carefully before you book. If you do not understand any provision of this Agreement, you should not book until you obtain clarification of the provision you do not understand. You are encouraged to have this document reviewed by your legal representative or by any other advisor you may have.