TERMS AND CONDITIONS
Mobirider Beach Wheelchair Rental Agreement

This Rental Agreement (“Agreement”) is entered into between Mobirider, represented by Jan Lombaard (“the Lessor”), and the undersigned renter (“the Lessee”).

By signing this Agreement, the Lessee confirms that they have read, understood, and agreed to be bound by the terms and conditions set out below.

1. CONTRACT TERMS AND CONDITIONS

These Terms and Conditions govern the rental and use of the Mobirider beach wheelchair (“the Equipment”) and form a binding agreement between the Lessor and the Lessee.

2. RENTAL

The Lessee hires the Equipment from Jan Lombaard (Mobirider), subject to the standard terms and conditions applicable at the time of rental.

3. TERMINATION

3.1 The Lessor may, at its sole discretion, terminate this Agreement at any time by giving notice (verbal or written) to the Lessee.
3.2 Upon termination, the Lessee shall immediately return the Equipment to Jan Lombaard (Mobirider).
3.3 All obligations of the Lessee and rights of the Lessor shall continue until the Equipment has been returned and all obligations under this Agreement have been fulfilled.

4. DELIVERY AND RETURN

4.1 The Equipment shall be deemed to have been delivered in good order and condition unless otherwise recorded in the rental inspection checklist signed by both parties. Any damage not recorded at handover shall be regarded as new damage and shall be for the Lessee’s account.

4.2 The Equipment must be returned in the same condition as received, fair wear and tear excepted, and to the same location where it was collected or delivered.

4.3 Upon expiry or termination of this Agreement, the Lessor is entitled, at its sole discretion, to take possession of the Equipment from any location or person in possession thereof. Any costs incurred in recovering the Equipment shall be for the Lessee’s account.

4.4 The Equipment must be returned by no later than 17:00 (5pm) on the final day of the rental period. Failure to do so will result in an additional full rental day being charged.

5. RENTAL FEES AND DEPOSIT

5.1 Rental Fees
5.1.1 Rental is calculated for the full rental period at the rates specified on page 1 and must be paid in advance.
5.1.2 No cash refunds will be granted for early returns. If the Lessee is dissatisfied with the Equipment, an exchange may be considered subject to availability and just cause.

5.2 Deposit
5.2.1 The Lessee shall pay a refundable deposit in advance, as specified on page 1.

5.3 Deposit Refund
5.3.1 The deposit will be refunded only after the Equipment has been returned and fully inspected.
5.3.2 The deposit may be withheld in full or in part to cover damage, loss, penalties, or outstanding charges.
5.3.3 Any outstanding amounts must be settled in full before the deposit is released.

5.4 Territorial Use
5.4.1 The Equipment may under no circumstances be used outside the borders of the Republic of South Africa.
5.4.2 Breach of this clause will result in forfeiture of the deposit, without exception.

6. LIABILITY AND DAMAGE

6.1 The Equipment remains at the sole risk of the Lessee throughout the rental period.
6.2 The Lessee is liable for all loss, theft, damage, or recovery costs, whether or not caused by negligence or fault.
6.3 The Lessor is not obliged to pursue claims against third parties for recovery of losses or damages.

7. BREACH OF AGREEMENT

7.1 Breach includes, but is not limited to:
7.1.1 Failure to return the Equipment as agreed.
7.1.2 Breach of any material term or condition of this Agreement.

8. RESPONSIBILITY AFTER LOSS OR DAMAGE

8.1 In the event of loss, theft, or damage during the rental period, the Lessee shall:
8.1.1 Notify Jan Lombaard (Mobirider) within 12 hours of the incident.
8.1.2 Take all reasonable steps to protect the interests of the Lessor.

9. NON-LIABILITY AND INDEMNITY

9.1 Neither Jan Lombaard (Mobirider), nor its members, employees, agents, or servants shall be liable for any direct or indirect, consequential, or incidental loss, damage, or injury arising from the rental or use of the Equipment, including mechanical failure or undetected defects.

9.2 The Lessee indemnifies and holds harmless Jan Lombaard (Mobirider) against any claims of any nature arising from the rental or use of the Equipment.

9.3 Jan Lombaard (Mobirider) and its employees shall not be held liable for any injuries sustained while using the Equipment.

10. GENERAL

10.1 This Agreement constitutes the entire agreement between the parties.
10.2 The Lessee authorizes the Lessor to complete or correct missing or bona fide incorrect details.
10.3 This Agreement shall be governed by the laws of the Republic of South Africa.
10.4 The Lessee may not cede rights, sublet, or part with possession of the Equipment.
10.5 The Lessor shall be entitled to recover all legal costs incurred in enforcing this Agreement.
10.6 Where the Lessee acts on behalf of another party, the Lessee shall be jointly and severally liable.

MOBIRIDER BEACH WHEELCHAIR
USAGE AGREEMENT

By using the Mobirider beach wheelchair, the user agrees to the following mandatory safety and usage conditions:

The wheelchair is for beach sand use only. Avoid rocky or gravel surfaces.

Maximum user weight: 120 kg.

The wheelchair is not a boat and is not designed to float with a user onboard.

Do not immerse the wheelchair beyond the height of the rear axle.

A buoyancy aid is mandatory when entering the water. Remain within designated swimming areas.

Lean forward when entering water to avoid loss of balance.

A carer or personal assistant is required when entering the water.

The wheelchair must be pushed or assisted only by capable adults.

Use extreme caution on slopes and slipways; apply brakes where necessary.

Do not use the wheelchair with a punctured or flat wheel.

Only one person may occupy the seat at any time.

Standing on the seat or footrest is prohibited.

Modifying the wheelchair structure is prohibited.

Avoid low obstacles and overhead obstructions.

Avoid hand-braking on steep surfaces to prevent injury.

Do not operate on inclines greater than 15%.

Do not attempt to clear obstacles higher than 10 cm.

Smoking while using the wheelchair is prohibited.

The user must always be accompanied when entering the water or when a harness is in use.

DECLARATION

I, the undersigned Lessee/User, confirm that I have read or had explained to me, understand, and agree to abide by the above Terms and Conditions and Usage Agreement.

Signature: ________
Date: ________