Our Policies

Agreement Terms and Conditions and Release of Liability

WAIKIKI MOPED AND CAR RENTAL Rental Policies For more information on our policies before starting out on your adventure, please read them below. All renters will be asked to agree to our policies before checkout to ensure safety and security for you and Waikiki Moped and Car. • Terms and Conditions • Cancellation Agreement Terms and Conditions and 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 Waikiki Moped and Car 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. “Scooter” means the scooter identified in this Agreement and any scooter we substitute for it, and all its tires, tools, accessories, equipment, keys and scooter documents. “Loss of use” means the loss of our ability to use the Scooter 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 Scooter. We may repossess the Scooter at your expense without notice to you, if the Scooter is WAIKIKI MOPED AND CAR RENTAL 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 Scooter. We make no warranties, express, implied or apparent, regarding the Scooter, no warranty of merchantability and no warranty that the Scooter is fit for a particular purpose.

3. Condition and Return of Scooter. You must return the Scooter on the date and time specified in this Agreement, and in the same condition that you received it.The Scooter remains our property and failure to return it on the agreed date may constitute larceny. A full tank of gas is required upon return or an additional $25 will be charged to your card. You are responsible for the loss of the rental moped and will be required to pay a minimum of $1200 depending on the type of moped.

4. Responsibility for Scooter Damage or Loss; Reporting to Police. You are responsible for all damage to or loss of the Scooter, including the cost of repair, or the actual cash retail value of the Scooter on the date of the loss if the Scooter 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 Scooter, loss of use, diminished value of the Scooter 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. WAIKIKI MOPED AND CAR RENTAL

5. Further responsibilities. You are further responsible for all damage to or loss of the Scooter 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 nonprescription drugs or alcohol; (c) is caused by anyone who obtained the Scooter or extended the rental period by giving us false, fraudulent or misleading information; (d) occurs while the Scooter 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 Scooter; (f) occurs while carrying dangerous or hazardous items or illegal material in or on the Scooter; (g) occurs outside the geographic limitations indicated on the reverse; (h) occurs as a result of driving the Scooter on unpaved roads; (i) occurs and the odometer has been tampered with or disconnected; (j) occurs when the Scooter’s fluid levels are low, or it is otherwise reasonable to expect you to know that further operation would damage the Scooter; (k) occurs as a result of your willful, wanton or reckless act; (l) occurs and you fail to summon the police to any Scooter accident involving personal injury or property damage.

6. Insurance. You are responsible for all damage or loss you cause to the Vehicle and to others. You agree to provide liability, collision and comprehensive insurance covering you, us, and the Vehicle. We also provide an insurance policy (“Policy”) that covers automobile liability coverage for bodily injury and property damage to third parties with limits no higher than the minimum amounts stated in the financial responsibility insurance laws of the state whose laws apply to the loss. Any insurance we are required to provide is excess to any other valid and collectible insurance whether primary, secondary, excess or contingent. The Policy contains exclusions, conditions, and limitations applicable to anyone claiming coverage. You and we reject PIP, medical payments, no-fault, uninsured and under- insured motorist coverage. To the extent such protection is imposed by operation of law, that protection will be for the minimum limits required by applicable law. You must: (a) report all damage to us and all accidents to us and the police as soon as you discover them and complete our incident report form; and (b) provide us with a legible copy of any service of process, pleading, or notice of any kind related to an accident or other incident involving the Vehicle. Coverage under the Policy is void if you give the Vehicle to an unauthorized driver or otherwise materially breach this Agreement; or if you fail to cooperate in a loss investigation or to file a timely and accurate incident report.

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 Scooter assessed against us or the Scooter; 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 Scooter if you fail to return it or if we elect to repossess the Scooter 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 Scooter if returned substantially less clean than when rented. We and the riders will both inspect the scooters before the scooter is rented, and upon the return, or pickup of the scooters. A $50 security deposit will be taken per bike on a major credit only at the time of rental. Renter is responsible for all loss and damage to the moped. If returned with no issues deposit will be returned in 3 to 7 business days.

8. Deposit. We may use your deposit of $250.00 to pay any amounts owed to us under this Agreement. You understand that you will remain liable for charges that exceed your deposit.

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 WAIKIKI MOPED AND CAR RENTAL was left or carried in or on the Scooter 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. 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 SCOOTER. YOU ARE RESPONSIBLE FOR THE SAFETY OF YOURSELF AND ANY GUESTS YOU MAY HAVE ON THE SCOOTER. YOU HEREBY STATE, THAT TO THE BEST OF YOUR KNOWLEDGE, YOU ARE IN GOOD PHYSICAL AND MENTAL CONDITION, AND UNDERSTAND THE SCOOTER 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 SCOOTER. ____ INITIAL HERE

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 WAIKIKI MOPED AND CAR RENTAL DESCRIPTION) THAT MAY ARISE OUT OF, OR YOU MAY SUSTAIN, IN CONNECTION WITH YOUR USE, OPERATION, OR RENTAL OF THE SCOOTER. 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 SCOOTER. 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 scooter 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 Scooter, shall be determined by the courts of Hawaii and under the laws of the State of Hawaii. 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 scooter. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions are valid and enforceable.

14. AN IMMEDIATE CHARGE TO YOUR CREDIT CARD WILL BE MADE FOR THE FOLLOWING:

LOSS (STOLEN) ($1300 Soleil GT/$2500 Scooter/ Soleil GT Sport $2000)
DAMAGES
UNPAID PARKING TICKETS PLUS $75 ADMINISTRATION FEE
TOWING
BLOWN ENGINE $800
DOUBLE RIDING (moped) $100
BROKEN SEAT $70
LATE FEE

15. WE ARE NOT RESPONSIBLE FOR ANY INJURIES CAUSED TO THE RENTER WHILE RENTING FROM WAIKIKI MOPEDS.

Cancellation Policy For Online Moped Reservations

Reservations are a two way street. You are purchasing something in the future to guarantee you will have on the day and time of your choosing. This is the advantage. However, there is a downside in that if you cannot make the appointment, then you do not get your money back. This is the disadvantage of the reservation.

If you make a scooter reservation online and need to cancel 24 hours before the time of the reservation, we will only guarantee a credit towards a future rental. Good for lifetime. We will not refund your money. If you need to cancel within 24 hours of the appointment time, then it is up to the discretion of Waikiki Mopeds Rental, not you, as to whether or not we extend a credit for future reservation. It is almost always ok to adjust the time for a reservation, but not always. You have to call to have the time adjusted to make sure there are no conflicts with other customers.
If this sounds unreasonable than give us a call and we can have an informal appointment with no guarantees. Not a problem, this is a common way rent scooters.

If you need to cancel a reservation, call 808-209-3877. If it is within the 24-hours of the reservation, it is not guaranteed, but may be possible to get a full or partial credit towards a future reservation.

You cannot cancel due to a weather forecast. During the summer the chance of rain is over 60% for weeks at a time. There are also many days where the chance of rain is even 100%, but it is not common for it to rain all day. Most days that it rains, it is for an hour or less. This is why we don’t allow cancellations due to a forecast.
If it is actually raining at the time of your appointment, then you can cancel/reschedule your reservation by calling 808-209-3877. This does not mean you get a cash refund. It means you get to apply the full dollar amount towards a future rental. Usually customers choose to adjust the time by a few hours or a day. If it rains while you are riding the scooters, give us a call and we will allow you to extend your time at no extra cost to you. We prefer our riders to seek shelter until the weather clears.

If you have questions or want to get some reassurances on cancelling, then please call us at 808-209-3877.
If the time of your reservation has passed, and for some reason you did not make the appointment time, call us anyway. We may be able to work something out. We are not difficult and we will still work to accommodate you.
If this policy for cancellations seems unreasonable to you we urge you to not make a reservation. Simply call us and we can have an informal arrangement. No guarantees from either side.

Last updated: March 03, 2022

This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your information when You use the Service and tells You about Your privacy rights and how the law protects You.

We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection and use of information in accordance with this Privacy Policy. This Privacy Policy has been created with the help of the Privacy Policy Template.

Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions
For the purposes of this Privacy Policy:

Account means a unique account created for You to access our Service or parts of our Service.

Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Waikiki Mopeds, 2449 F Kuhio Avenue, Honolulu, Hi 96815.

Cookies are small files that are placed on Your computer, mobile device or any other device by a website, containing the details of Your browsing history on that website among its many uses.

Country refers to: Hawaii, United States

Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.

Personal Data is any information that relates to an identified or identifiable individual.

Service refers to the Website.

Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analyzing how the Service is used.

Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Website refers to Waikiki Mopeds, accessible from https://waikikimopedandcar.com/

You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Collecting and Using Your Personal Data
Types of Data Collected
Personal Data
While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be used to contact or identify You. Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data
Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically, including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the Service by or through a mobile device.

Tracking Technologies and Cookies
We use Cookies and similar tracking technologies to track the activity on Our Service and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze Our Service. The technologies We use may include:

Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will refuse Cookies, our Service may use Cookies.
Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about Your preferences or Your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for Browser Cookies. For more information on how You can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com/flash-player/kb/disable-local-shared-objects-flash.html#main_Where_can_I_change_the_settings_for_disabling__or_deleting_local_shared_objects_
Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).
Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. You can learn more about cookies here: Cookies by TermsFeed Generator.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies Policy or the Cookies section of our Privacy Policy.

Use of Your Personal Data
The Company may use Personal Data for the following purposes:

To provide and maintain our Service, including to monitor the usage of our Service.

To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide can give You access to different functionalities of the Service that are available to You as a registered user.

For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services You have purchased or of any other contract with Us through the Service.

To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.

To provide You with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless You have opted not to receive such information.

To manage Your requests: To attend and manage Your requests to Us.

For business transfers: We may use Your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us about our Service users is among the assets transferred.

For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share Your personal information in the following situations:

With Service Providers: We may share Your personal information with Service Providers to monitor and analyze the use of our Service, to contact You.
For business transfers: We may share or transfer Your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our business to another company.
With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture partners or other companies that We control or that are under common control with Us.
With business partners: We may share Your information with Our business partners to offer You certain products, services or promotions.
With other users: when You share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside.
With Your consent: We may disclose Your personal information for any other purpose with Your consent.
Retention of Your Personal Data
The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of Our Service, or We are legally obligated to retain this data for longer time periods.

Transfer of Your Personal Data
Your information, including Personal Data, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of Your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of Your data and other personal information.

Disclosure of Your Personal Data
Business Transactions
If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement
Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other legal requirements
The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

Comply with a legal obligation
Protect and defend the rights or property of the Company
Prevent or investigate possible wrongdoing in connection with the Service
Protect the personal safety of Users of the Service or the public
Protect against legal liability
Security of Your Personal Data
The security of Your Personal Data is important to Us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means to protect Your Personal Data, We cannot guarantee its absolute security.

Children’s Privacy
Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent from a parent, We may require Your parent’s consent before We collect and use that information.

Links to Other Websites
Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You will be directed to that third party’s site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Changes to this Privacy Policy
We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new Privacy Policy on this page.

We will let You know via email and/or a prominent notice on Our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us
If you have any questions about this Privacy Policy, You can contact us:

By email: support@waikikimopedandcar.com

By visiting this page on our website: https://waikikimopedandcar.com/contact/

By phone number: 808.209.3877