Rental Agreement and Disclaimer
1. This is a contract of renting only and not of sale. The undersigned, herein called renter (customer and each of its successors, assigns, and agents), agree that I have rented the item(s) herein described upon the express condition that it will at all times remain the property of the rental agent Lil’ Travelers.com Corp; that I will return at once to the rental agent Lil’ Travelers.com Corp any item(s) not functioning normally; that I will pay promptly when due all charges which accrue because of the rental, including damages to said item(s).
2. Acceptance of the rental equipment constitutes an agreement between the renter and Lil’ Travelers.com Corp in accordance with the terms of this Rental Contract.
Release of Liability
1. I understand that there exist certain risks of injury from the use or misuse of such items, including the potential risk of serious injury, disability or death from the use of such items.
2. I understand the risks associated with the use of such items and understand the safety concerns regarding the items.
3. I understand that this RELEASE OF LIABILITY covers each and every item, which I have agreed to rent.
4. I further agree that the Civil Code of the Commonwealth of Puerto Rico shall govern this RELEASE OF LIABILITY. I have read and understand this RELEASE OF LIABILITY and fully understand its terms and I fully understand that I have given up substantial rights by signing it and I sign it freely and voluntarily without inducement or coercion.
5. I have the alternative of not signing this contract if I do not agree with the terms of the release.
6. Lil’ Travelers.com Corp is not responsible or liable for any negligence implied or otherwise, or personal injury, or death, or property loss, caused directly or indirectly in the use of the rented item. I hereby agree for myself, my heirs, executors, administrators and assigns, to disclaim, waive and release and their employee, agents, officers and directors or representatives for any and all liability for any property damage, loss, personal injury, loss of life and/or other casualty which may occur during the course of this rental agreement and the use of the rented item. It is further understood that and agreed that this release is to be binding to my heirs, executors and assigns in the event of any death or injury.
Indemnification
Renter further agrees to indemnify and hold harmless Lil’ Travelers.com Corp from and against any and all claims, liabilities, including negligence, tort and strict liabilities, demands, actions, suits and proceedings, losses, costs, penalties, and damages, including without limitations, reasonable attorneys’ fees and costs (collective, “Claims”), arising out of, connected with, or resulting from the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, handling, transportation or return of the Equipment.
Disclaimer of Warranties
Renter represents and warrants that (i) each item of rented property is of a type, design, quality and manufacture selected by Renter, acceptable to Renter and suitable for Renter’s purposes, (ii) Renter acknowledges that Lil’ Travelers.com Corp is not the manufacturer or supplier of the equipment or the
representative of either, that Lil’ Travelers.com Corp is not required to enforce any manufacturer’s warranties on behalf of Lil’ Travelers.com Corp or Renter, and (iii) that Lil’ Travelers.com rents the equipment to Renter “As Is”, without warranty or representation either express or implied, Lil’ Travelers.com Corp expressly disclaims any warranty, express or implied, as to (a) the title, condition,
fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, (b) the absence of latent or other defects, absence of infringement of any patent, trademark or copyright, or (d) any other matter whatsoever, it being agreed that all such risks, as between Lil’ Travelers.com Corp and the Renter are to be borne by the Renter.
TERMS OF SERVICE:
By Clicking "I Agree" you are saying that you have read and understand the Terms of Service. You MUST accept the terms of this form to be forwarded to the order form. PLEASE BE SURE TO READ THESE TERMS CAREFULLY AS THEY
DISCUSS OUR CANCELLATION POLICY AS WELL AS OTHER VERY IMPORTANT INFORMATION.
CANCELLATION POLICY:
The renter must cancel the order no less than one week prior to the scheduled reservation. Cancellations within 48 hours prior to the scheduled reservation are charged at full price or future credit and 25$ change fee. Cancellations within the week prior to the scheduled reservation but before 48 hours prior to the scheduled reservation are charged at one full rental day plus 25$ change fee.
RENTAL CONTRACT TERMS:
If the Renter does not agree to the terms of this Contract, or if the Renter does not approve of the equipment received, then Renter shall immediately contact Lil’ Travelers.com Corp to arrange for the rented equipment to be returned. In such a case, the RENTER SHALL REMAIN RESPONSIBLE FOR ALL CHARGES IN ACCORDANCE WITH THE RENTER’S ORIGINAL RESERVATION FOR
RENTAL OF EQUIPMENT.
All equipment is used at Renter’s risk. Renter assumes all responsibility for rented equipment while in Renter’s possession. Renter promises to return all rented equipment to [Lil’ Travelers.com Corp] in as good a condition as it was at the time of delivery. GENERAL INFORMATION: The Order Form is for initial placement of your order. Pricing and equipment availability is not guaranteed until you receive a return e- mail with a reference / invoice number. For future reference use the last name, beginning date of the rental and the reference number in all correspondence.
All prices are quoted daily (all prices are daily rental; six days (6) equals one week) and extra night charges are computed after the first six (6) nights.
If you require equipment or a response in less than 3 days from your contact with us, it is advisable to call us and speak directly with one of our representatives, at 866-895-1600
We may have limited quantities on some items during peak times (October through May).
Forms of payment accepted are VISA, MASTERCARD, and AMERICAN EXPRESS or DISCOVER.
CAR SEAT INFORMATION: Puerto Rico law requires car seats for children less than 4 years of age.
(PLEASE NOTE THAT RENTER IS RESPONSIBLE FOR THE INSTALLATION OF CAR SEATS);
DELIVERY/PICK-UP:
Delivery / Pick-up fees are in addition to all rental rates. Our delivery hours are between 9am -5pm every day, excluding holidays. Delivery fees are based upon address, and will be calculated once you have entered the delivery location and ZIP CODE. We will schedule the delivery with the contact person approximately 48 hours in advance and advise them of the approximate time of the delivery / pick-up (usually given in 3-4 hour window). (During peak times we may request to deliver up to a few days sooner or pick-up a few days later, at no additional charge.) Customer may select a preference for delivery / pick-up times, and we will make every attempt to honor that request, however it is not possible to schedule everyone at the same time. We appreciate your understanding. Our policy is that all equipment must be made accessible on day of pick-up by 9:00 am or extra night charges will apply.
Please remember to alert all guards, gatehouses, building managers or hotel concierge that you are expecting a delivery / pick-up from [Lil’ Travelers.com Corp]. Also notify any property managers, realtors, etc. of any rental property that we will need to contact with regard to deliveries/pick-ups. Customer MUST provide us with the name and telephone number of these individuals so we can contact them for deliveries/pick-ups. If no information is provided, deliveries/pick-ups will not be made. Please also note that it is the customers responsibility to check with condominium/homeowners associations prior to booking reservations regarding deliveries made on the weekends/holidays. Many associations prohibit deliveries on weekends and will turn away deliveries of any kind. Many places also have certain time restrictions regarding deliveries. If we are refused access to make the delivery/pick-up for ANY reason an additional charge OF $50.00 WILL BE APPLIED.
CRIB ASSEMBLY: PLEASE NOTE:
The assembly/disassembly of cribs MUST be done by our company’s staff. We appreciate that sometimes our customers or their family/friends want to be helpful and disassemble the crib for us prior to pick-up, but this is not necessary and may compromise the safety of the crib for future use. We respectfully request that you please allow us to do our job of serving you by letting our staff assemble/disassemble the crib with the proper tools needed. If we arrive for pick-up and the crib has already been disassembled by someone OTHER than [Lil’ Travelers.com] staff, a $50.00 charge will be applied to your bill.
FLIGHT DELAYS:
Flight delays are renter responsibility. We have to adhere to our delivery windows of 9am-1pm or 1pm-5pm, which are set by our delivery people when our schedules are set. The renter should include names of individuals that we can contact for delivery arrangements on our customers behalf Otherwise a 25$ change fee could apply:
IMPORTANT INFORMATION/SPECIAL REQUESTS:
We have included an area on the order form for important delivery information and special requests. Please use this area to give us any important detailed information that would enable us to serve you most efficiently. Examples of this important detailed information would be the name and number of a relative or contact name if you will not be in town, or your cell phone number. Please also specify the room/location to place the crib in the home or hotel/condominium; otherwise we will use our best judgment as to where to place the crib. You may also use this area on the order form as a place to put any questions you might need a response to.
EARLY TERMINATION AND EXTENDED STAYS:
Early terminations are charged at 50% of remainder of full price and the 25$ change fee. Extended stays must be notified 24 hours prior to the expiration of the rental agreement. Extended stays that are not notified 24 hours prior to the expiration of the rental agreement are charged the daily rate plus the 25$ change fee.
Additional General Provisions
1. Governing Law and Jurisdiction. This Agreement is made and shall be governed and construed in all respects, including validity, interpretation and effect, by the laws of the State of Puerto Rico. The federal and state courts within the State of Puerto Rico shall have exclusive jurisdiction to adjudicate any dispute arising out of this Agreement. Representative hereby expressly consents to the personal jurisdiction of the federal and state courts within Puerto Rico.
2. Entire Agreement; Amendment; No Waiver. This Agreement and the exhibits attached hereto set forth the entire agreement and understanding of the parties relating to the subject matter herein and merge all prior discussions between them. Each party hereto acknowledges that no representations, inducements, promises or agreements, oral or otherwise, have been made by any party, or anyone acting with authority on behalf of any party, which are not embodied herein or in an exhibit hereto, and that no other agreement, statement compromise may be relied upon or shall be valid or binding. No amendment, waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the affected party. No waiver of any breach, failure, right, or remedy shall be deemed a waiver of any other breach, failure, right, or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
3. Notices. All notices, requests, demands, and other communications under this
Agreement shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to the addresses set forth above. Any party may change its address for purposes of this paragraph by giving the other parties written notice of the new address in the manner set forth above.
4. Force Majeure. Nonperformance of either party shall be excused to the extent that performance is rendered impossible by strike, fire, flood, governmental acts, orders or restrictions, or any other reason where failure to perform is beyond the control and not caused by the negligence of the non-performing party. Upon giving prompt notice of force majeure to the other party, the party so affected shall be released without any liability being attached to the canceling party or the other if the circumstances of force majeure continue for more than six (6) months.
5. Severability. If a court or an arbitrator of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
6. Construction. Each party and their attorneys have had the opportunity to participate fully in the review and revision of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement.
7. Non Assignability and Binding Effect. The rights and obligations of Renter under this Agreement may not be assigned or delegated, directly or indirectly, either in whole or in part without Lil’ Travelers.com. s prior consent in writing. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their heirs, personal representatives, agents, officers, directors, shareholders, partners, servants, employees, successors and assigns, but shall not confer, expressly or by implication, any rights or remedies upon any other party.
8. Counterparts; Facsimile Signature. This Agreement may be executed in multiple counterparts, which taken together shall constitute one instrument and each of which shall be considered an original for all purposes. For purposes of executing this Agreement, a document signed and transmitted electronically, by email, by Internet, by facsimile machine or telecopier is to be treated as an original document.
9. Word Usage. Unless the context clearly requires otherwise, (a) the plural and singular numbers shall each be deemed to include the other; (b) the masculine, feminine, and neuter genders shall each be deemed to include the others; (c) “shall,” “will,” or “agrees” are mandatory, and “may” is permissive; (d) “or” is not exclusive; and (e) “includes” and “including” are not limiting.
10. Headings. The paragraph and subparagraph headings used in this Agreement are intended for convenience only and shall not be used in the construction or interpretation of this Agreement or any of its provisions or in determining any of the rights or obligations of the parties to this Agreement.
11. Further Acts. Each of the parties hereto shall execute and deliver such other and further documents and instruments, and take such other and further actions, as may be reasonably requested of them for the implementation and consummation of this Agreement and the transactions herein contemplated.
12. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right of subrogation or action over against any party to this Agreement.
13. Survival of Representations. All representations and warranties of the parties contained in this Agreement shall survive the execution of this Agreement.
Renter hereby declares that the terms of this Rental Agreement and Waiver have been completely read and are fully understood and voluntarily accepted. Renter acknowledges that the purpose of this Rental Agreement and Disclaimer is to induce Lil’ Travelers.com Corp to rent the Equipment to Renter. Renter acknowledges that Renter is precluded forever from any claims against Lil’ Travelers.com Corp arising out of the rental.
|
