1. Rental Agreement. These Terms and Conditions, any rental document signed by the Customer, any rental drop off record and any return record with computed rental charges will together constitute the “Rental Agreement” between the Customer and 2 Go Trailer Rentals Inc. (hereafter, “2Go Rentals”). The terms contained in the Rental Agreement are effective and binding upon the Customer and the Customer agrees that any services or products provided by or through 2Go Rentals to the Customer are provided strictly under these terms.
2. The Customer. The Customer will rent from 2Go Rentals the trailer described on the rental document, which rental is solely a bailment for mutual benefit. The Customer agrees to the terms contained in the Rental Agreement, provided any such terms are not prohibited by the law of a jurisdiction covering this rental, in which case such law prevails. The Customer also agrees that the Customer is not an agent of 2Go Rentals for any purpose and that the Customer cannot assign or transfer its obligations hereunder. If the Customer is a company, the individual who signs and accepts these Term and Conditions on behalf of the Customer hereby confirms that he or she has authority to sign and accepts these Terms and Conditions on behalf of the Customer and that by so doing, these Terms and Conditions will be binding upon the Customer.
3. Meaning of Trailer. The word “Trailer” means the non-motorized vehicle rented to the Customer or its replacement and includes tires, tools, equipment, accessories, plates, and documents, unless otherwise explicitly specified in the Rental Agreement.
4. Changes. Any change to the Rental Agreement or to 2Go Rentals’ rights must be in writing and signed by an authorized 2Go Rentals officer. The Customer further agrees that 2Go Rentals has the right to change these Terms and Conditions from time to time either upon written notice to the Customer, in paper or electronic form, or upon our posting such changes on the 2Go Rentals website. Such changes will apply to rentals that the Customer reserves after such notice has been given, as indicated by the date of such notice, if sent in written form, or the date such changes are posted on the 2Go Rentals website, which date will be indicated therein. Changes to the Terms and Conditions will be posted as they occur on the 2Go Rentals web site at 2GoRentals.com/terms and will govern all rentals even if the terms provided at the time of reservation are different.
5. Moving and Relocating the Trailer. The Trailer may only be moved by 2Go Rentals. The Customer will not and will not permit any other party to tow, move or relocate the Trailer.
6. Trailer Placement. The Customer agrees that the area where the Trailer is to be placed is to be free of obstruction and accessible at the scheduled delivery time. Any delays incurred as a result of the site not being ready or accessible at the scheduled delivery time will result in additional fees being charged to the Customer. Any request or requirement for 2Go Rentals to return to the delivery location to relocate the Trailer will result in additional fees, including travel expenses, being charged to the Customer.
7. Trailer Delivery & Pick Up. The Customer agrees to accept responsibility for electrical power supply to Trailer junction box, (connection and disconnection), and any necessary licenses, permits and inspections that may be required by local governing bodies. The Customer (or representative on site) will sign off on the condition of the Trailer upon delivery and upon pickup of the Trailer. The Customer will ensure that the Trailer will be free of product and ready for pick up by 2Go Rentals as scheduled or a fee for late pick up will be charged to the Customer and rental charges will continue until the Trailer and all equipment and accessories are accessible and available and 2Go Rentals is advised. It is the Customer’s responsibility to ensure all locks, keys, electrical cords, steps, shelving and any other accessories provided with the Trailer are available upon pick up. A separate pick up charge will apply for each pick up trip required. If an extension on the rental period is requested, it is the Customer’s responsibility to provide 2Go Rentals with a minimum of 24 hours’ notice of a request for an extension. If the Customer wishes to extend any rental the Customer will contact 2Go Rentals at 1-877-246-2828 to request an extension. 2Go Rentals may or may not grant an extension or decline to grant it for the entire period requested by the Customer, in 2Go Rentals sole discretion. If 2Go Rentals does grant an extension, a different or higher rate may be applied to the extension period and a service fee may also apply.
8. Cleaning. The Customer is responsible to ensure that the Trailer is tidy and ready for pickup at the scheduled time. The Customer agrees to leave the Trailer interior clean using minimal water. Power washing of the Trailer is prohibited. During the rental period, evidence of normal usage is expected, however if the Trailer has sustained unusual levels of “stains, dirt or soilage”, cleaning charges will be applicable at the discretion of 2Go Rentals and will be charged to the Customer on the same credit card provided for rental.
9. Return of the Trailer. The Customer agrees to return the Trailer to 2Go Rentals in the same condition the Customer received it, ordinary wear and tear excepted. The Customer will ensure that the Trailer is available and accessible for pick-up on the date, at the time, and at the location specified in the rental document. All keys received by the Customer shall be returned when the Trailer is picked up. If 2Go Rentals does not find the Trailer accessible and available at the pick-up time, the Customer’s responsibility for damage to or loss of the Trailer will continue, and all charges stated on the rental document as a periodic rate will continue to accrue until 2Go Rentals retakes actual possession of the Trailer.
10. Rental Charges. The Customer will pay for the number of miles/kilometers required to deliver the Trailer and for the period of time the Customer rents the Trailer at the rate indicated on the rental document. The minimum charge is one day (24 hours), unless “calendar day” is indicated on the rental document, plus mileage, or a fixed fee. 2Go Rentals will determine the miles/kilometers based upon the postal code of the delivery location, and such determination by 2Go Rentals will be final and binding. The daily charge applies to consecutive 24-hour periods starting at the hour and minute the rental begins at the time of delivery or, if a calendar day is specified on the rental document, each consecutive calendar day or any part of a calendar day starting on the calendar day on which the rental occurs. If the Customer fails to comply with any conditions for special rates specified on the rental document 2Go Rentals’ otherwise applicable rates will be charged. The Customer will pay all charges that apply to the rental for miscellaneous services and, where permitted, airport facility fees and/or concession recovery fees, vehicle license recovery fees, other fees and surcharges. Further, the Customer agrees as follows:
(a) The Customer will also pay a reasonable fee for cleaning the Trailer upon return for excessive stains, dirt or soilage attributable to the Customer’s use as determined solely by 2Go Rentals;
(b) If key(s) are not returned with the Trailer, the Customer may be charged an additional fee of $150 plus applicable taxes;
(c) 2Go Rentals maintains a non-smoking fleet. The Customer will pay an additional charge if the Customer returns the Trailer and it smells of smoke as determined solely by 2Go Rentals;
(d) The Customer will pay a fee equal to the cost of replacing any locks, including without limitation any tongue locks, door locks, power locks and immobilizers, provided by 2Go Rentals which are not returned with the Trailer; and
(e) The Customer and any third party to whom any rental charges are billed, such as an insurer or employer, are jointly and severally responsible for payment of all such charges. If the Customer requests 2Go Rentals to bill any such charges to a third party, the Customer represent that the Customer is authorized to do so.
11. Taxes and Additional Charges. The Customer will pay all applicable taxes in connection with the rental as well as any additional charges provided in the Rental Agreement which are over and above the base rental rate. These may be surcharges and or recovery fees to recover certain costs.
12. Card Reserve. If the Customer has paid for the rental or any other amounts by way of credit card charge or if the Customer has provided 2Go Rentals with a credit card number or imprint upon entering into the Rental Agreement, the Customers agrees that 2Go Rentals is authorized to add applicable rental charges and taxes, and 2Go Rentals’ charges and expenses, if any, and any other amounts which may be or become due under the Rental Agreement to the applicable credit card transaction record. The Customer agrees to the reservation of credit, by a credit card issuer, up to the amount of the estimated charges due under the Rental Agreement and authorizes 2Go Rentals to process a credit card voucher, if applicable, in the Customer’s name for all charges due under the Rental Agreement.
13. Cancellation. Cancellations must be made in writing or by email to Sales@2GoRentals.com, and are effective once received by 2Go Rentals. For cancellations made more than 7 days prior to the schedule delivery, the Customer will be refunded the deposit in full. For cancellations made 1 to 7 days prior to the scheduled delivery, the Customer will be charged a cancellation charge equal to the deposit. For cancellations made less than 24 hours prior to the scheduled delivery, the Customer will be charged a cancellation charge equal to 100% of the total rental. In the unlikely event that 2Go Rentals must cancel a rental due to circumstances beyond its control, all payments received to date will be refunded to the Customer, which will constitute full settlement.
14. Repossessing the Trailer. 2Go Rentals reserves the right to terminate the Rental Agreement and repossess the Trailer at any time in its sole discretions for reasons that include, but are not limited to, the following: (a) the Trailer is found illegally parked; (b) the Trailer is found being used in violation of the law or the terms of the Rental Agreement; or (c) the Trailer appears to be abandoned. The Customer agrees that 2Go Rentals need not notify the Customer in advance. If the Trailer is repossessed, the Customer agrees to pay the actual and reasonable costs incurred by 2Go Rentals to repossess the Trailer. The Customer agrees that such costs will be charged to the card which the Customer used to rent the Trailer.
15. Loss of Use. If, when the Trailer is picked up or repossessed, it is discovered that the Trailer is damaged or in need of repair, regardless of fault, then the Customer agrees to pay a sum equal to the regular daily rental rate of the Trailer for each day the Trailer is unavailable for rent while any damage and/or mechanical repairs are made or in accordance with the terms set forth in paragraph 18.
16. Loss Damage Waiver (LDW). LDW is not insurance and it is not mandatory. If the Customer accepts the LDW by their initials on the rental document at the additional daily rate, 2Go Rentals will waive its claim against the Customer under paragraph 18 hereof for loss of or damage to the Trailer (except as set out in this paragraph 16) for any amount in excess of the following:
(a) For Theft: 10% of the retail purchase price of new Trailer.
(b) For Damage: 10% of the cost of the repairs to the Trailer.
If the Customer does not accept LDW, the Customer will be responsible for all loss or damage to the Trailer. Loss and damage are described in paragraph 18 below. The Customer acknowledges having been advised that the Customer’s own insurance may cover loss or damage to the Trailer. The Customer also acknowledges reading the notice on loss damage shown on the rental document, or in these terms. If the Customer accepts LDW, there may nevertheless be a non-waivable amount for which the Customer will be responsible to pay in the event of loss or damage to the Trailer, which amount will be specified on the rental document at the time of rental.
17. LDW Exceptions. Notwithstanding the Customer’s acceptance of the LDW, the Customer will be liable for all resulting loss or damage to the Trailer and expense of 2Go Rentals, to the extent it:
(a) results from the gross negligence of the Customer which includes, but is not limited to, the use or operation of the Trailer in a reckless or abusive manner, or intentional damage to the Trailer by the Customer or by Customer’s permission;
(b) results from a violation under paragraph 19; or
(c) occurs under any of the following circumstances:
(i) Loss, damage or failure of tires and tubes under any circumstances.
(ii) All loss or damage associated with vandalism, malicious mischief, theft or conversion of the Trailer, not documented by the Customer’s prompt filing with the applicable public authorities, (with an immediate copy delivered in writing or emailed to 2Go Rentals).
(iii) All loss or damage associated with the Trailer being overloaded.
(iv) The Customer’s failure to properly secure the Trailer by, among other things, leaving keys readily available to any unauthorized individual or not reasonably restricting access to the Trailer.
18. Damage to/Loss of the Trailer. If the Customer does not accept LDW, or if the Trailer is lost or damaged as a direct or indirect result of a violation of paragraph 19, or damaged as a result of an act of nature where the Customer did not take reasonable measures and precautions to prevent or mitigate such damage, the Customer is responsible and will pay 2Go Rentals for all loss of or damage to the Trailer regardless of cause. If the Trailer is damaged, the Customer will pay our estimated repair cost, or if, in the sole opinion of 2Go Rentals, they determine to sell the Trailer in its damaged condition, the Customer will pay the greater of the Trailer’s retail fair market value or its value on 2Go Rentals’ books of account (also known as depreciated book value) before theft or, in the case of damage, the sale proceeds. Depreciated book value may be higher than retail fair market value. Where permitted by law, the Customer authorizes 2Go Rentals to charge the Customer for the actual cost of repair or replacement of lost or damaged items such as glass, locks, keys, electrical equipment, steps, shelving, doors, tires and any other accessories provided with the Trailer, as part of the Customer’s rental charges at the time of return. If the Trailer is stolen and not recovered, the Customer will pay 2Go Rentals the Trailer’s fair market value before it was stolen. As part of our loss, the Customer will also pay for loss of use of the Trailer, without regard to our fleet utilization, plus an administrative fee, plus towing and storage charges, if any (“Incidental Loss”). If the Customer’s responsibility is covered by any insurance, credit card benefit, travel insurance or such other insurance or benefits, the Customer authorizes 2Go Rentals to contact the benefit provider directly on the Customer’s behalf and assign all of the Customer’s benefits directly to 2Go Rentals to recover all consequential and incidental damages including, but not limited to the repairs of the Trailer plus diminished value or the fair market retail value of the Trailer (less salvage value plus costs incurred in the salvage-sale), and all loss of use, towing, storage and administrative fees. If 2Go Rentals collects its loss from a third party after we have collected our loss from the Customer, 2Go Rentals will refund the difference, if any, between what the Customer paid and what 2Go Rentals collected from the third party. If the law of a jurisdiction covering this rental requires conditions on LDW that are different than the terms of the Rental Agreement, such as if the Customer’s liability for ordinary negligence is limited by such law, that law prevails. The Customer understands that the Customer is not authorized to repair or have the Trailer repaired without 2Go Rentals’ express prior written consent. If the Customer repairs or has the Trailer repaired without such consent, the Customer will pay the estimated cost to restore the Trailer to the condition it was in prior to the Customer’s rental. If 2Go Rentals authorizes the Customer to have the Trailer repaired, 2Go Rentals will reimburse the Customer for those repairs only if agreed upon in advance and only then if the Customer provides 2Go Rentals the repair receipt.
19. Prohibited Use of the Trailer. Certain uses of the Trailer and other actions or inaction by the Customer or a third party may violate the Rental Agreement. A VIOLATION OF THIS PARAGRAPH, WILL AUTOMATICALLY TERMINATE THE CUSTOMER’S RENTAL, AND IS AN EXCLUSION TO AND VOIDS ALL LIABILITY PROTECTION AND ANY OPTIONAL SERVICES WHICH THE CUSTOMER HAS ACCEPTED, INCLUDING BUT NOT LIMITED TO ADDITIONAL LIABILITY INSURANCE AND LOSS DAMAGE WAIVER. A VIOLATION OF THIS PARAGRAPH WILL ALSO MAKE THE CUSTOMER LIABLE TO 2GO RENTALS FOR ALL PENALTIES, FINES, FORFEITURES, LIENS AND RECOVERY AND STORAGE COSTS, INCLUDING ALL RELATED LEGAL EXPENSES, FEES AND COSTS WHICH 2GO RENTALS MAY INCUR.
It is a violation of this paragraph if:
(a) The Trailer is used in violation of any law.
(b) The Trailer is towed, moved or relocated without the prior authorization of 2Go Rentals.
(c) The Customer: (i) fails to promptly report any damage to or loss of the Trailer when it occurs, or when the Customer learns of it and provides 2Go Rentals with a written accident/incident report, fails to cooperate with 2Go Rentals’ investigation; (ii) where required by law, fails to report an accident to law enforcement; (iii) obtains the Trailer through fraud or misrepresentation; (iv) leaves the Trailer unsecured or fails to remove the keys or close and lock all doors, and the Trailer is stolen or vandalized; (v) intentionally or with willful disregard causes or allows damage to the Trailer; or (vi) returns the Trailer damaged, vandalized or otherwise stolen and fails to take reasonable steps to secure the Trailer, its keys or accessories and devices.
20. Fines, Expenses, Costs and Administrative Fees. The Customer will pay all fines, penalties and court costs for parking, traffic, toll and other violations, including storage liens and charges. The Customer will also pay a reasonable administrative fee with respect to any violation of the Rental Agreement, such as for repossessing or recovering the Trailer for any reason. The Customer agrees that 2Go Rentals may, in its sole discretion, pay all tickets, citations, fines and penalties on the Customer’s behalf directly to the appropriate authority and that the Customer will pay 2Go Rentals for what it paid to the appropriate authority or their designated agents plus a reasonable administrative fee. The Customer agrees and acknowledged that 2Go Rentals cooperates with all federal, provincial, municipal and local officials charged with enforcing these infractions to provide any information necessary as they may request or may otherwise be required. In the event 2Go Rentals uses a third party collection and or administrative agent to resolve any tickets, citations, fines and penalties, the Customer agrees to pay all costs and collection fees including but not limited to administrative and legal costs to such agent upon demand without protest. The Customer agrees to indemnify and hold 2Go Rentals harmless for any tickets, citations, fines, penalties and administrative fees.
21. Customer’s Insurance. The Customer acknowledges and agrees that they are responsible to and that they will, prior to the delivery of the Trailer, contact and consult with their commercial insurance provider to ensure the Customer has adequate insurance coverage for the rental of the Trailer, including, without limitation, insurance for loss of the Trailer, damage to the Trailer, theft of the Trailer, vandalism of the Trailer, and loss and spoilage of products kept in the Trailer.
22. Renters Liability. The Customer will be fully liable for injury, disability and death of persons caused directly or indirectly by the operation of the Trailer during the rental period and the Customer will indemnify and save harmless 2Go Rentals against all said liability. The Customer will also indemnify and save harmless 2Go Rentals against all loss, expenses, damages and penalties which may arise out of the action for damages to property or person or persons occasioned directly or indirectly by the operation of the Trailer during the rental period, and 2Go Rentals will not be liable for any consequential damages arising from the use, failure or mechanical breakdown of the Trailer.
23. Malfunction. Should the Trailer become unsafe, malfunction or require repair, the Customer will immediately cease using the Trailer and will immediately notify 2Go Rentals. If such condition is the result of normal operations, 2Go Rentals will repair or replace the Trailer with a similar trailer in working order, if such replacement trailer is available. 2Go Rentals has no obligation to repair or replace the Trailer if it is rendered inoperable or which became unsafe, malfunctions or requires repair due to misuse, abuse or neglect by or on behalf of the Customer. The Customer’s sole remedy for any failure or defect in the Trailer, other than those for which the Customer is responsible thereunder, will be the termination of any rental charges accruing in respect of the Trailer during the period of the Customer’s cessation of use of the Trailer until the repair or replacement of the Trailer. In no circumstance will 2Go Rentals be liable for any damages or loss of revenues in connection with the Trailer becoming unsafe, malfunctioning or requiring repair for any reason.
24. Warranty. 2Go Rentals makes no warranties or conditions, either express or implied, as to any matter whatsoever, including, without limitation, the condition of the Trailer, it’s merchantability or fitness for a particular purpose, or that it is suited for the Customer’s intended use. The aggregate liability of 2Go Rentals hereunder, if any, shall be limited to the amount paid to it by Customer under the Rental Agreement. The Rental Agreement represents the entire agreement between the parties with respect to the Trailer. In no event shall 2Go Rentals be liable for special, consequential, punitive, incidental or indirect damages arising from any reason whatsoever, whether or not loss is based on contract, warranty, negligence, indemnity or otherwise.
25. Property in or on the Trailer. 2Go Rentals is not responsible for loss of or damage to any property in or on the Trailer, in any service vehicle, on its premises, or received or handled by 2Go Rentals, regardless of who is at fault. The Customer will be responsible to 2Go Rentals for claims by others for loss or damage.
26. Currency Conversion. If the Customer uses a credit or charge card that is issued by a financial institution outside of Canada and rental charges are billed to 2Go Rentals in a currency other than Canadian Dollars, the full amount of the rentals charges will be converted to the card account’s billing currency by 2Go Rentals unless the Customer has instructed 2Go Rentals not to perform the conversion process on the Customer’s personal account profile or submitted a written request in advance to have the currency conversion performed by the Customer’s card issuer. 2Go Rentals’ conversion will be based on a conversion rate published by Reuters and will incorporate a processing charge no higher than 3% applied to all amounts relating to the transaction. This charge will replace the currency conversion processing charge applied by the Customer’s card issuer. The Customer understands that the Customer’s card issuer has a currency conversion process; that the Customer has chosen not to use their card issuer’s currency conversion process; and that the Customer will have no recourse against its card issuer with respect to any matter related to the currency conversion or disclosure thereof.
27. Error in Rental Charges. The charges shown on the return record are not final and are subject to review. The Customer will pay any undercharges and the Customer will receive a refund for any overcharges 2Go Rentals discover on review.
28. Collections. If the Customer does not pay all amounts due to us under the Rental Agreement upon demand, including all charges, fees, expenses, fines, penalties, and all matters associated with the rental of the Trailer including, without limitation, payment for loss of or damage to the Trailer, rental charges, parking, traffic fines and penalties, towing, storage and impoundment fees, 2Go Rentals will take the following actions: (a) The Customer agrees to pay a late charge of 1.5% per month on the past due balance or the highest rate permitted by applicable law, whichever is less (collectively, “Charges”); (b) The Customer agrees to also pay for any costs that 2Go Rentals incurs in seeking to collect such Charges including, without limitation, court costs and attorney’s fees in addition to any administrative fees, cost recovery, insufficient funds fees and collection fees (collectively, “Costs”). If the law permits, the Customer authorizes us and our collection agent, to contact the Customer or the Customer’s employer, at the Customer’s place of business about the payment of any past due Charges or Costs. The Customer also agrees that 2Go Rentals or our collection agent(s) may access the personal information that the Customer provided to 2Go Rentals in any effort to collect any Charges or Costs under this section and may use the address provided by the Customer on the Rental Agreement, or in any customer profile, as the place to send any demands or collection notices; and (c) In the event that the Customer presented a credit card or debit card for payment, the Customer understand that 2Go Rentals may report such deficiency to an appropriate credit reporting agency and the Customer also authorize us to share that credit and debit card information with third party collection agents and further authorizes 2Go Rentals or its collection agents to charge any amounts due to 2Go Rentals including, but not limited to, the Charges and Costs referenced above, to that credit or debit card.
29. Dispute Resolution: Any disputes arising between the parties concerning or in connection to the rental of the Trailer, the Rental Agreement or the rights, duties or liabilities of either of the parties or otherwise relating to the Rental Agreement, shall be resolved by mutual consultation of the parties. In the event that both parties fail to settle any dispute within ten (10) days of either party giving notice to the other party of the dispute, such dispute shall be submitted to and finally settled by arbitration by a single arbitrator in accordance with the Arbitration Act of British Columbia.
30. Use of GPS Tracking Devices. The Customer acknowledges and accepts that 2Go Rentals uses GPS tracking devices: (a) to track or locate Trailers which may be reported stolen, suspected of being stolen or as may be required by law enforcement; (b) to identify vehicles which have been damaged and may require roadside assistance; (c) when 2Go Rentals has a good faith belief that there is an emergency that poses a threat to the safety of the Customer or another person; and (d) when necessary to defend, protect or enforce 2Go Rentals’ rights in connection with the use of its products and/or services.
31. Governing Law. The Rental Agreement and any disputes that may arise in connection with its interpretation, enforcement or otherwise, will be governed and construed exclusively in accordance with the laws of British Columbia and the laws of Canada applicable therein.
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