RENTAL TERMS & CONDITIONS for Sol Paradiso X Motors Ltd

Sol Paradiso X Motors (also referred to as SPXM) is a motorcycle rental company which offers services including rentals of luxury motorcycles to motorcycle riders over the age of 21; motorcycle gear rentals including helmets, jackets, pants, boots, gloves, and communications equipment; and group motorcycle tours.

Sol Paradiso X Motors is agreeable to providing such services to the Client on terms and conditions set out on agreed reserved rental dates & times.

The Client is of the opinion that Sol Paradiso X Motors has the necessary qualifications, experience, and abilities to provide such services to the Client.

Higgy’s on the Track hereinafter referred to as HOTT is a track day provider at Vancouver Island Motorsport circuit hereinafter referred to as VIMC.

SERVICES INCLUDED WITH RENTAL:

For road use: Motorcycle rental; 300 KM’s per day; Use of a motorcycle for the requested rental dates and times *Panniers and ram mounts only available on certain models and by request.

For Track Day use: Motorcycle rental; Track Day Pass for one riding class (Relaxed, Intermediate, Advanced) for the reserved Track Day date(s), access to Sol Paradiso X Motors pit crew on the Track Day; Snacks and beverages. *Track Riding Gear is available for rental and by request.

SAFETY OPERATIONS REVIEW: Every client will receive orientation to the motorcycle. The client orientation will cover all aspects of safe motorcycle operation, and the clients’ responsibilities.

FUEL:
For Road Use: Fuel costs are the client’s responsibility. Sol Paradiso X Motors claims no responsibility for motorcycle fuel consumption. If a vehicle needs to be refilled at the time of return, then a surcharge of $15.00 Plus applicable taxes will apply, on top of the fuel cost to the final receipt.

For Track Day use: Fuel is included in the Track Day Pass and motorcycle rental, if the track pass and motorcycle rental were purchased together from Sol Paradiso X Motors for a HOTT / SPXM track day.

RIDING GEAR: (Helmets, Jackets, Pants, Gloves): DOT approved helmets must be worn at all times while operating the motorcycle. Riding gear Is not included in the rental rate, however, is available for rent.

For Track Day: Prior to purchasing a Track Day Pass & Motorcycle Rental, SPXM requests that the Client reads and acknowledges the Track Guidelines & Gear Requirements from the HOTT website. It is the responsibility of the Client to ensure to have the proper gear which will be inspected on the HOTT/SPXM Track Day. Failure to comply will result in not being able to ride on the track.

DEPOSIT: The Client will pay a non-refundable deposit of the Compensation to Sol Paradiso X Motors to reserve the rental. Any balance of the Compensation will become due and payable on completion of the Services, or upon the termination of the Agreement, once the final invoice has been issued. Upon entering the rental agreement, Sol Paradiso X Motors will hold $500.00 Dollars in the form of a pre-authorized transaction which will be returned to the client, Minus the remaining outstanding balance of the agreement, only after the motorcycle has been returned and inspected by Sol Paradiso X Motors Staff. In the event that Sol Paradiso X Motors cannot inspect the motorcycle right away, the money will be returned to the client no later than 48 hours after the completion of the agreement.

CLIENT OBLIGATIONS: The Client will comply with all applicable legislation, regulations, bylaws and rules. The Client acknowledges that failure to comply with these obligations could result in the voiding of their insurance. The Client will take all precautions to safeguard the Motorcycle and any other equipment rented from Sol Paradiso and will return it promptly at the end of the Service Date(s) in its original condition.

The Client will return the Motorcycle with the same amount of fuel at the time of pick up/delivery or will be charged a $15.00 fueling surcharge in addition to re-fueling costs.

In the event the motorcycle is impounded as a result of the Client’s actions, the client will be liable for any fees and storage costs incurred as a result of the vehicle being impounded; the client will also be responsible for any loss of revenue.

The client will wear a DOT Helmet at all times during operation.

The client will maintain Zero alcohol consumption while operating the vehicle (no exceptions). Renters and passengers must read and sign the rental agreement, and liability release.

Traffic & parking violations are the responsibility of the renter. Undeclared parking tickets not paid by the renter will be charged to the renter, and will include an additional $40.00 processing fee.

PICK UP/DELIVERIES & DROP OFF/RETURNS:
For Road Use: All motorcycles can be either picked up or delivered to the client. Deliveries must be arranged at the time of booking and are free within a 30Km radius of Victoria, British Columbia (including Swartz Bay Ferry Terminal and YYJ Airport). For distances outside of this range, please call us for pricing.

Motorcycles can be returned to a different location but must be approved by Sol Paradiso X Motors at time of rental.

Motorcycles can be returned to a different location but must be approved by Sol Paradiso X Motors at time of rental. The Pick-Up/Drop Off and times are confirmed at time of booking and are only subject to change with the approval of SPXM. In the event that SPXM arrives to Pick-Up/Drop off the motorcycle, and the motorcycle is not onsite delaying the Pick-Up/Drop Off, then the client will be liable for additional charges of 30 Dollars plus applicable taxes Per hour of wait time with a minimum of 1 hour charged after 30 minutes and the hourly rate of the motorcycle with a minimum of 1 hour being charged plus applicable taxes after 30 minutes.

For Track Day: Sol Paradiso X Motors will transport the Motorcycle to VIMC. The Client is responsible for finding their own means of transportation to VIMC and must arrive for the morning briefing.

INSURANCE: Provincial insurance provider, ICBC, will cover the client in the event that they have caused damage to someone else and or their vehicle, however will not cover the client for damages to their motorcycle or themselves unless the accident occurs as a result of the other person.

If the client wishes to purchase extended liability waiver insurance then they can do so at the time of rental for a fee of $25.00 per day. If they choose to waive this, the client will be responsible for any damages to the motorcycle or others, including the full purchase price of the Motorcycle.

The client is not to take the Motorcycle outside of British Columbia without advising and obtaining the consent of Sol Paradiso X Motors prior to the Service Date(s).

If the Client declines to purchase extended coverage as part of their rental, the Client acknowledges that they may be liable for the full purchase price of the Motorcycle. (No coverage in Mexico)

In the event of theft, the client will notify local authorities 1st, and then Sol Paradiso X Motors 2nd. The client is responsible for the safekeeping of the Motorcycle, and must ensure the Motorcycle is stored safely. In the event that the police report, and or Insurance have deemed the theft not legitimate, the client could be liable to reimburse the full purchase price of the Motorcycle.

SPXM does not provide medical insurance. All riders are responsible for providing their own personal medical insurance coverage.

CANCELLATION:
For Road Use: A reservation may be cancelled up to 30 or more days prior to the pick-up date with no cancellation penalty, and with the contracted amount issued in the form of a Credit that can be used within 1 year from the date it was issued.

If the booking is canceled between 30 – 21 days from pickup time, then 30% of the total invoice will be applied towards cancellation fee.

If the booking is cancelled between 20 – 10 days from the pick-up time then 60% of the total invoice will be applied towards cancellation fee.

If the booking is cancelled within 10 days to 48 hours from pickup time, any and all balances remaining after Cancellation Fees have been applied will be issued in the form of a Credit that may be redeemed within 1 year.

If the client wishes to cancel their reservation less than 48 hours of the confirmed booking, or if the customer does not show up, the customer will forfeit the full value of the rental, with no credit or refund to be issued.

Requests for refunds will be reviewed by Sol Paradiso X Motors staff, and will be at the sole discretion of the company.

For Track Day: Sol Paradiso X Motors has a 7-day cancellation policy with HOTT/SPXM Track Day reservations. If you wish to cancel your reservation, you will receive full credit equal to the original purchase price of that event toward another SPXM Track Day (based on the availability of your class and motorcycle choice) or towards an on road rental to be used within one year of the date of the reserved Track Day. There are no refunds or credits. Cancellations will not be accepted with less than 7 days’ notice and will result in forfeit of payment.

Track Day reservations are transferable to another person that you designate, as long as they fit the rental criteria (21 years of age or older, full motorcycle license, and major credit card). SPXM must approve the transfer 72 hours prior to the Track Day to ensure registration of your alternate attendee.

RAIN POLICY: We ride the track rain or shine! There are no refunds or credits if you cancel an event due to rain. This means, if it’s raining or if rain is predicted at the event you are canceling, you will Not receive a refund or a credit. You can, however, transfer your ticket if you are within the 72-hour time frame with approval of SPXM.

BREAKDOWN/ACCIDENTS/FLAT TIRES:
For Road Use: The Client is responsible for checking the Motorcycle each day of their rental period, such as, engine oil levels, tire pressure, and drive chain/belt tension in order to report any deficiencies to Sol Paradiso X Motors as soon as possible.

The Client will be provided with Sol Paradiso X Motors contact numbers for 24hr support in case of any incident. Should an accident occur the Client should first contact emergency services.

In the event of an accident the Client will be responsible for all costs incurred to repair the motorcycle in an amount up to the applicable coverage deductible. In addition, in the event of an accident the Client will be responsible for all costs incurred in returning the Motorcycle to Sol Paradiso X Motors or the local authorized Ducati dealership. If in the event the accident occurs after hours, the Client is responsible for storing the Motorcycle until such time the Motorcycle can be returned to Sol Paradiso X Motors or an authorized Ducati Dealership.

INDEMNITY: The Client will indemnify and hold harmless Sol Paradiso, its agents, representatives, employees, contractors, landlords, successors, and assigns (collectively, the “Indemnitees”) against any and all claims, losses, damages, liabilities, penalties, fines, fees, impound costs, expenses, legal fees, and costs of any kind or amount whatsoever, which result out of any act or omission that occurs in connection with this Agreement.

WAIVER & RELEASE: The Client freely accepts and fully assumes any and all risks, dangers, and hazards arising in connection with this Agreement, including but not limited to motor vehicle accident; mechanical failure; equipment failure; injury; death; property damage; theft or loss of property; heat/cold; sun exposure; fire; obstacles; boulders, rocks; steep/rough/slippery/unstable roads and routes; snow/ice; failures of retaining walls, railings, bridges, and other structures; travel in/across/beside waterways and bodies of water; drowning; altitude; extreme/changing weather; becoming lost/separated; allergic reaction, food/medicine interaction, foodborne toxins, pathogens, and parasites, health and medical conditions, unavailability of rescue/medical services; act of God; and the negligence of participants, third parties, or the Indemnitees. The Client waives any and all claims that the Client may have in future against the Indemnitees, and releases them from any and all liability for any loss, damage, expense, or injury, including death, that the Client may suffer in relation to this Agreement due to any cause whatsoever, including any negligence, breach of contract, or breach of a duty of care, including any failure to take reasonable steps to safeguard or protect the Client from risks, dangers, and hazards.

For Track Day:
All riders are Required to carefully read and, if agreed, sign SPXM, HOTT & VIMC Waivers and hand in to an SPXM & Higgy’s staff member each morning of the Track Day. Generally speaking the waiver states that participation in Track Days is dangerous and that you will not hold Sol Paradiso X Motors, Higgy’s on the Track, or Vancouver Island Motorsport Circuit, their volunteers and staff, or any participants, riders or attendees liable for injury, damages, etc. You will Not be allowed on track until we receive your signed Waivers. All riders are expected to ride in a safe, courteous, and careful (“ride within your limits”) manner on track, but also in the paddock, parking lot, and the facility in general. All riders MUST attend the mandatory morning riders meeting. Non-attendees will not be allowed on the track until they have sufficiently reviewed all aspects of the missed riders’ meeting.

– Riding a motorcycle on track is dangerous. Serious Injury and even death is possible at a motorcycle track day. All riders who ride and or attend a SPXM/HOTT Track Day do so entirely at their own risk and responsibility.

– All riders are responsible for their own personal medical insurance coverage. SPXM/HOTT does not provide medical insurance. Reckless riding of any kind is subject to ejection from the event.

– Crashing– DON’T. If you do crash, the accident will be evaluated and if it is determined that it was caused by reckless or unsafe riding, it will result in ejection from the day’s event. If we feel it was just a simple incident and the medical staff clears you to be able to continue, we will attempt to return your bike back to a condition that is safe to ride and if desired, we will get you back on course.

– 15 vehicles are allowed on track at any given time/session.

– Any accidents, incidents, injuries, or damages having occurred must be promptly reported to Higgy’s staff.

– All motorcycles and safety gear must be inspected by tech inspection prior to re-entry to the track. The inspection is not a formal inspection; each rider is responsible for the careful and complete preparation of their motorcycle(s) to withstand the severe demands of day of performance riding at the track.

-Interruptions that occur during a HOTT/SPXM track day caused by breaks, weather conditions, traffic, emissions, or safety, shall not be credited.

– Falsification or misuse of tech stickers (group jumping) will result in ejection from the day’s event. No Refunds.

-There are very specific requirements for rider safety gear and motorcycles. This is covered in detail on the HOTT website that SPXM requests the Clients to read prior to purchasing a Track Day Pass & Rental.

– If an unregistered rider is found riding a registered rider’s bike, both the registered and unregistered riders will be ejected from the day’s event and banned from HOTT for the remainder of the year. No Refunds.

– Alcohol consumption, Cannabis consumption (of any kind), and illegal substances are strictly prohibited at any HOTT event. Having any medical issues that require you to use such substances does not give you permission to participate.

– HOTT and SPXM reserves the right to refuse admission to any individual.

– Riders ejected from any HOTT/SPXM event forfeit all payments/credits for that day.

– Severability Clause: Should one or more provisions of this agreement be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by such valid provision as shall come closest, in factual and economic terms, to what the parties had intended.

– Any amendments or additions to this agreement shall require written form. Oral side agreements shall be valid only if confirmed in writing. HOTT’s/SPXM’s general terms and conditions shall be part of this agreement only if and to the extent that this was explicitly agreed to in writing.

THIRD PARTY RELEASE: The third-party participants will be involved in the Services, the Client will
ensure that these participants execute the release, waiver, and indemnity agreement included as Schedule “A” to this Agreement before participating.

ENTIRE AGREEMENT: There are no representations, warranties, collateral agreements or conditions
affecting this Agreement except as expressly provided in this Agreement. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing and signed by each Party or their authorized representative.

NO ASSIGNMENT: This Agreement is personal to the Parties, and neither Party may assign or otherwise transfer its rights or obligations under this Agreement without the prior written consent of the other.

INTERPRETATION: Headings are inserted for the convenience of the Parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine mean and include the feminine and vice versa. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable in whole or in part, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable parts severed from the remainder of this Agreement. This Agreement shall be governed by and interpreted solely under the laws of the Province of British Columbia, and the Parties irrevocably attorn to the courts of that jurisdiction in all matters arising from this Agreement.