In using the Kite Mobility app in conjunction with electric mobility vehicles, reserving products or services, purchasing products and services, and providing information, you are deemed to have read and agreed to the following terms and conditions:

 

General Terms

• Participants must read and sign the Assumption of Risk, Waiver and Release Agreement prior to renting an e-vehicle from the fleet or taking a tour.

• Participants riding electric bikes and scooters must be at least 18 years of age.

• Participants using electric cars must be at least 22 years of age and have a valid driver’s license.

• Participants must comply with all traffic laws and ride with caution.

• Helmets and bicycle/scooter appropriate safety gear; such as, but not limited to proper footwear is highly recommended.

• Participants must be in good health and able to operate, control and balance the equipment at time of rental or use.

• Participants are responsible for the e-vehicles (bikes, scooters and cars) from the time the unit is reserved, until the time the unit is returned or the ride ends (ride ends when rider is stopped, ends the ride via the app, and the unit self-locks, including damage and/or theft of the unit

• Participants must inform customer support (via the app) if the equipment is damaged or not working properly.

• Participants may not transfer any active ride to anyone, without ending current ride first.

• Participants may allow family members, spouses, or friends to access and utilize e-vehicles, provided aforementioned sign up and utilize the Kite Mobility app during any rides or use.

• We strongly recommend that participants always carry a personal insurance policy.

• The customer accepts use of the equipment, AS IS, clean and in good condition, and accepts full responsibility for care of the equipment while under his/her possession. Renters are encouraged to check their e-vehicle and equipment and raise any concerns before starting their ride. If the e-vehicle becomes dirty during a rental period, customers are requested NOT to clean the e-vehicle themselves to prevent damage and allow the fleet service team to ensure units are cleaned and in perfect working order for the next reservation.
  
  Limitations on Availability of Services

• Kite makes every effort to provide the Services for 365 days per year; however, Kite does not guarantee that the Services will be available at all times, as force major events or other circumstances might prevent Kite from providing the Services from time to time. Access to the Services also is conditioned on the availability of e-vehicles. Kite does not represent or warrant the availability of any Services or the availability of any e-vehicle. No sponsor of Kite has any responsibility for providing any Services. You may use the app to check the inventory of e-vehicles available. You agree that Kite, as applicable, may require You to return an e-vehicle at any time.
  
  Checkout and Return

• All checkouts and returns of electric bikes and scooters shall occur between the hours of 7:00 am and 11:00 pm.

• The user shall pay a $300.00 deposit, by credit card, to secure the return of the equipment in a condition acceptable under the terms of this Agreement.

• Unauthorized Riders, Passengers, and Towing Prohibited

• No other person may drive or otherwise operate the e-vehicles except the active user. Active user is prohibited from carrying any passengers on the bikes and scooters at any time. Active user may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars or crossbar at any time.  Active user is prohibited from pulling or towing any passenger or object with the e-vehicles at any time.

• Subleasing Prohibited

• Active user understands and agrees that any subleasing or re-letting of e-vehicle or related equipment is prohibited and that any such sublease or re-letting shall immediately cause termination and cancellation of this Agreement.

 

Termination of Agreement

Active user agrees that Kite has the right to terminate this agreement at any time and to re-take possession of said equipment, and for said purpose Kite may enter upon the premises of the active user without becoming liable for trespass. DEPOSIT: To reserve the equipment, we require a security deposit for damages or loss on all equipment rented, in the form of signed and imprinted credit card authorization. Any deposit given by the active user shall be applied to and guarantee the faithful performance of all the provisions of this Agreement and all repairs necessary to said equipment. If any action is brought to enforce any of the terms of conditions of this Agreement, or to recover any sums due to hereunder, active user agrees to pay all attorneys’ fees, court costs, or other expenses of Kite. COMPLIANCE WITH LOCAL LAWS: The active user hereby agrees to obey all local traffic laws and regulations while riding, as well as the traffic laws and regulations of any other local, state/province, or federal jurisdiction into which the active user takes the equipment. The active user shall not use cellular devices to talk or other peripheral devices that would reasonably distract a user while riding.

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Other Terms and Conditions

This Agreement, and any rights, duties, and obligations as between the parties to this Agreement, shall be governed by and interpreted solely in accordance with the local laws of the state/province and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the state/province and shall be within the exclusive jurisdiction of the state/provincial courts.

• I AGREE TO NOT RIDE OR USE RENTAL EQUIPMENT IN ANY RIVER, STREAM, LAKE, OR OTHER BODY OF WATER.

• I AGREE NOT TO RIDE ON TRAILS, PATHS, OR ROADS THAT ARE CLOSED OR TO TRESPASS ON POSTED LAND.

• I AGREE TO NOT CHANGE OR SUBSTITUTE ANY PARTS ON THE BICYCLE OR OTHER EQUIPMENT.

• I ACKNOWLEDGE FULL RESPONSIBILITY FOR MY SAFETY AND AGREE THAT I WILL RIDE SAFELY AND RESPONSIBLY.

• I UNDERSTAND THAT I AM RESPONSIBLE FOR RETURNING ALL EQUIPMENT LISTED BELOW AND THE COST OF ANY LOST OR REPAIRED EQUIPMENT WILL BE CHARGED TO MY CREDIT CARD.

• FINALLY, I AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS OUTLINED IN THIS AGREEMENT.

 

Deposits, Payment, Reservations and Cancellation Policy

• A credit card will be required to utilize the Kite Mobility app, however no payment will be charged with the access to your e-vehicle amenity.

• A $100 charge will be incurred, should the electric bike and/or scooter not be returned back to designated location.

• If you are running late for your reservation, call us and let us know. The rental time will start at the original booked time. You may extend your time and pay for an extension if it does not interrupt another reservation. 

• You will receive a full refund if you cancel your reservation 24 hours or more before your pick-up time. All other cancellations will be charged a fee per item.  

• Kite Mobility does not give credits or refunds for early returns. 

• In the event of a change of plans, you may cancel or reschedule your e-vehicle reservation at no charge or penalty.

• If for any reason you will not be able to return your e-vehicle active ride contact customer support.

• In addition to the self-locking hardware, which activates when your ride is ended via the Kite Mobility app, always ensure that you secure your e-vehicle with the lock provided within the building fleet amenity area.

 

Fees for Lost or Damaged Equipment

• Non-returns, damaged or missing parts and equipment are subject to costs for replacement or repair of the damaged parts or equipment.

 

Lost or Stolen e-Bikes or Equipment

• The active user is responsible for using care in choosing a safe place to secure the bike or scooter when not in use during the rental period.

• E-vehicles and related equipment which are lost or stolen while under user agreement will be replaced at Kite’s discretion. The active user will be notified of the replacement costs within 24 hours of the report of the theft and provided a cost estimate before charging replacement costs to their credit card.

 

Condition of e-vehicles and Equipment

• I agree to operate the Equipment in a safe and prudent fashion. I have inspected the Equipment and confirm that it has been provided to me in a clean, safe and usable condition, and I agree that I will return it to the registered property in the same condition it was provided to me, subject to reasonable wear and tear. Reasonable wear and tear does not include broken spokes, rims, bent rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

• If I damage the Equipment, I agree to pay Kite costs to repair or replace the Equipment, which will be done at Kite’s discretion, and I agree to pay Kite’s costs to replace parts, and to pay their current rates for repair, which are available to me at my request.

 

Late Returns

• Late returns are subject to a late fee of $200. All active users are asked to return the unit back on time or, request additional time via the app should time be available.

 

Other Terms

• These terms and conditions, the Kite Mobility app terms and conditions and release, are necessary to accept to active all reservations and are governed by the laws of Canada.

• If any portion of these terms or the Release is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not render any other term or provision of these terms of the Release invalid or unenforceable.

• These terms and conditions and the Release may not be amended or modified except in writing executed by Kite Mobility

• TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM YOUR PARTICIPATION IN THE MOBILITY AS AN AMENITY PROGRAM

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