Terms of Service

These Terms of Service ("Terms") govern your rental and use of scooters, bicycles, and related equipment ("Vehicles") from KP & CS Enterprises, Inc., d/b/a "Storm Scooters," a Massachusetts corporation located at 322 Commercial Street, Provincetown, MA 02657 ("Storm Scooters," "we," "us," or "our"). By renting a Vehicle, using our website, or otherwise engaging our services, you ("you," "renter," or "customer") agree to be bound by these Terms. If you do not agree, do not rent a Vehicle or use our services.

1. Eligibility
You must be at least 18 years of age (or the applicable minimum age required by Massachusetts law and any local ordinance) and possess a valid, unexpired government-issued driver's license or identification to rent a Vehicle. By renting a Vehicle, you represent that you meet these requirements and that all information you provide to us is true, current, and accurate.

2. Rental Agreement
Your rental is governed by these Terms and by any separate Rental Agreement you sign or acknowledge (electronically or in writing) at the time of rental, including any specified rental period, rate, deposit, and return location. In the event of a conflict between these Terms and a signed Rental Agreement, the Rental Agreement controls for that specific rental.

3. Rules of Use
While in possession of a Vehicle, you agree to:

  • Operate the Vehicle in a safe, lawful, and responsible manner and in compliance with all applicable federal, state, and local laws, including Massachusetts traffic and bicycle/scooter ordinances and any rules specific to the Town of Provincetown;

  • Wear a helmet where required or recommended;

  • Not operate a Vehicle while under the influence of alcohol, drugs, or any other impairing substance;

  • Not permit any person other than yourself (or, where applicable, other renters named on the same Rental Agreement) to operate the Vehicle;

  • Not use the Vehicle to carry passengers beyond its designed capacity;

  • Return the Vehicle at or before the agreed-upon time, to the agreed-upon location, in the condition in which it was rented, ordinary wear and tear excepted;

  • Not remove, tamper with, or disable any safety equipment, lock, GPS device, or identification tag affixed to the Vehicle;

  • Park and store the Vehicle only in locations permitted by applicable law and Town of Provincetown regulations.

4. Assumption of Risk
You acknowledge that riding a scooter or bicycle carries inherent risks, including but not limited to the risk of collision with pedestrians, vehicles, or other objects; falls; mechanical failure; adverse weather and road conditions; and the acts of third parties. You voluntarily assume all such risks, known and unknown, arising from your use of a Storm Scooters Vehicle.

5. Release of Liability and Waiver
To the fullest extent permitted by Massachusetts law, you release, waive, and discharge Storm Scooters, KP & CS Enterprises, Inc., and their owners, officers, employees, and agents from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death that may occur as a result of your rental or use of a Vehicle, whether caused by negligence or otherwise, except to the extent caused by our gross negligence or willful misconduct.

6. Indemnification
You agree to indemnify, defend, and hold harmless Storm Scooters and KP & CS Enterprises, Inc. from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of your breach of these Terms, your negligent or wrongful use of a Vehicle, or your violation of any law or third-party right.

7. Payment and Fees
Rental fees, deposits, and any applicable taxes are due at the time of rental. We accept payment through third-party payment processors; we do not store your full payment card information. You authorize us to charge your payment method on file for the rental fee, and for any additional charges resulting from late return, damage, loss, or theft of the Vehicle, as described below.

8. Cancellations and Refunds
Cancellation and refund terms will be provided to you at the time of booking or rental. Unless otherwise stated at booking, no-shows and late cancellations may be subject to a cancellation fee.

9. Damage, Loss, and Theft
You are responsible for the Vehicle from the time it is rented to you until it is returned to and accepted by us. You will be charged for any damage to the Vehicle beyond normal wear and tear, and for the full replacement value of the Vehicle in the event of loss or theft during your rental period, unless such loss or theft is promptly reported to us and to local law enforcement and is not the result of your negligence or violation of these Terms.

10. Vehicle Condition and Inspection
Vehicles are provided "as is." We make reasonable efforts to maintain our Vehicles in safe operating condition, but we do not guarantee that a Vehicle is free from defects. You should inspect the Vehicle before use and immediately report any visible damage or malfunction to us before departing.

11. Prohibited Uses
You may not use a Vehicle for any illegal purpose, for racing, stunts, or off-road use, to transport hazardous materials, or in any manner inconsistent with the Vehicle's intended use. We reserve the right to terminate your rental immediately and without refund if we determine, in our reasonable judgment, that you have violated these Terms.

12. Limitation of Liability
To the maximum extent permitted by law, Storm Scooters' total liability to you for any claim arising out of your rental or use of a Vehicle shall not exceed the amount you paid for the applicable rental. In no event shall Storm Scooters be liable for indirect, incidental, consequential, or punitive damages.

13. Website and Intellectual Property
All content on our website, including text, graphics, logos, and images, is the property of Storm Scooters or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our content without our prior written consent.

14. Governing Law and Dispute Resolution
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or your rental shall be resolved in the state or federal courts located in Barnstable County, Massachusetts, and you consent to the personal jurisdiction of such courts.

15. Modifications to Terms
We may update these Terms from time to time. The most current version will be posted on our website, and continued use of our services after any such update constitutes your acceptance of the revised Terms.

16. Severability
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17. Contact Us
If you have any questions about these Terms, please contact us using the contact information provided on our website.

Storm Scooters is a service of KP & CS Enterprises, Inc., 322 Commercial Street, Provincetown, MA 02657.