Terms & Conditions

RENTAL TERMS AND CONDITIONS

All rentals made by Samara ATV and Beach rentals (hereinafter called "Lessor") to its rental customers (hereinafter called
“Lessee”) are subject to the following Rental Terms and Conditions. Lessee’s acceptance of these terms and conditions shall be made by either

(a) Lessee providing a purchase order number to Lessor or

(b) Lessee’s acceptance of any equipment from Lessor, whichever occurs first.

1. Availability, Acceptance and Governing Provisions. All equipment rentals are subject to availability of equipment at time of order. No orders for equipment rental machines or products of Samara ATV and Beach rentals shall be binding upon Lessor until accepted in writing or verbal by an authorized official; and in all events any such order shall be subject to
these terms and conditions which shall be deemed part of such order upon acceptance thereof by Lessor. No additional agreements will be binding upon Lessor unless specifically agreed to in writing or verbal. Failure of Lessor to
object to provisions contained in any purchase order or other communication from a Lessee shall not be construed as a waiver of these terms and conditions, nor an acceptance of any such provisions. This contract and these
terms and conditions shall constitute the entire agreement between Lessor and Lessee, and shall be governed by and shall be construed according to the internal laws of Costa Rica.

2. Rental Period. The rental period begins on the day of pickup from Casa Vistas del Rio, and ends on the day of the equipments return to Casa Vistas del Rio. No allowance is made for Sundays, Holidays or time in transit. Lessee is obligated to return equipment to Casa Vistas del Rio or incur additional expenses unless other arrangements have been agreed to by Lessor’s authorized official.

3. Equipment Usage. Lessee agrees that equipment usage shall be normal and customary, and warrants that Lessee is familiar and experienced in the safe operation of rental equipment or All Terrain Vehicles. Training in proper handling and safe operation is strongly recommended for inexperienced or first time users of All Terrain Vehicles. Lessee agrees that equipment rental does not grant Lessee any title or property rights in the equipment, all title and property rights shall remain with the Lessor.

4. Condition of Equipment. Lessee hereby acknowledges receipt of the equipment in good working order. Lessee further acknowledges that it has examined the equipment and declares that it has received all of such equipment in secure and good working condition. Lessee’s failure to object to the condition of the equipment before leaving Casa Vistas del Rio after receipt thereof shall be deemed conclusive that all of the equipment was in good working order when delivered.

5. Payment. All prices are quoted, and payments must be received, in U.S. Dollars (USD). Unless otherwise expressly stated all prices are subject to change without notice.

6. Damage, Loss or Missing Components. Lessee agrees to pay for any damage or loss of the equipment, regardless of cause, and keep the equipment, and accessories in good repair and operating condition at all times. Equipment returned from Lessee inoperative, damaged or with missing components will be refurbished to original working order by Lessor at Lessee’s expense. Lessee shall be notified of refurbishing and missing component costs, including parts and labor, prior to the repair. All equipment which cannot be returned to Lessor due to nuclear contamination or other causes will be billed to Lessee at its current published list price.

7. Liability and Indemnity. The Lessee shall be liable for all damage arising from equipment rental use, misuse or negligence of Lessee, including any accidents to persons or property arising thereof. Lessee covenants and
agrees to indemnify and hold harmless Lessor free from any and all claims, actions, suits, damages and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the rented equipment and/or its
complimentary tools or attachments. This includes, without limitations, the manufacture, selection, delivery, possession or use of the rented equipment.

8. Consequential Damages. Lessor shall not be liable for any consequential, incidental or contingent damages whatsoever.

9. Subletting. No part of the equipment shall be sublet, transferred or assigned by Lessee or removed from the location at which it was intended by Lessor to be used, as represented by Lessee, except with the prior written
consent of Lessor.

10. Title. Title to the equipment is now and at all times hereafter shall remain and be vested only in Lessor. Lessee shall keep the lessee's interest in this agreement and the equipment free from all liens and encumbrances.

11. Default. In the event of Lessee's default or breach of any term or condition of this agreement, Lessor may terminate this agreement and declare the entire paid balance immediately non-refundable, and in addition to any remedy provided by law, at Lessor's request Lessee shall immediately:

(a) assemble the equipment and make it available to the Lessor at Lessee's premises, or at such other place as Lessor may designate;

(b) permit Lessor to enter upon Lessee's premises and remove the equipment or render it unusable; or

12. General. These terms and conditions, as published on Casa Vistas del Rio's website located at www.casavistasdelrio.com at the time of equipment rental, are the official equipment rental terms and conditions between Samara ATV and Beach rentals (Lessor) and equipment rental customer (Lessee), and may be amended from time to time without notice at Lessor’s sole discretion.