YOUR ACCEPTANCE OF THIS RENTAL EQUIPMENT AGREEMENT BY AND BETWEEN _______________________________OF ________________________________ (HEREINAFTER"CUSTOMER") AND CITY STROLLER RENTALS (HEREINAFTER "COMPANY/WE/US") IN ACCORDANCE WITH THE TERMS OF THIS RENTAL CONTRACT/AGREEMENT.
1. ALL CITY STROLLER RENTALS OWNED EQUIPMENT IS USED AT RENTER'S SOLE AND ABSOLUTE RISK OF LOSS OR INJURY OF EVERY KIND OR NATURE. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR RENTED EQUIPMENT WHILE IN RENTER'S POSSESSION. RENTER AGREES TO INDEMNIFY AND HOLD HARMLESS CITY STROLLER RENTALS AND THEIR OWNERS, OPERATORS, OFFICERS, DIRECTORS, HOTEL DELIVERY SITE PERSONNEL AND EMPLOYEES FROM ANY CLAIM ARISING FROM RENTER'S USE, OPERATION OR POSSESSION OF THE RENTED EQUIPMENT. NEITHER COMPANY NOR CITY STROLLER RENTALS WILL BE HELD RESPONSIBLE FOR ANY DAMAGE, INJURY OR LOSS, INCLUDING DEATH, ARISING FROM THE USE OF ANY RENTAL EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO FUNCTION AS INTENDED BY THE MANUFACTURER. RENTER IS RESPONSIBLE FOR READING THE INSTRUCTION MANUAL AND THE QUICK REFERENCE GUIDE TO ENSURE PROPER USE OF THE RENTED EQUIPMENT.
2. ONCE A RESERVATION ORDER IS CONFIRMED, WE RESERVE THE RIGHT TO MAKE SUBSTITUTIONS OF THE EQUIPMENT REQUESTED AND/OR PROVIDE THE EQUIPMENT ON DIFFERENT DATES/TIMES AND/OR CANCEL THE ORDER, IN THE EVENT THE EQUIPMENT BECOME UNAVAILABLE OR THAT WE CANNOT PROVIDE THEM ON THE DATES OR AT THE TIMES RESERVED (E.G., ILLNESS, ACCIDENT OR OTHER REASONS FOR UNAVAILABILITY, ETC.). WE WILL CONFIRM THE ABILITY TO DELIVER TO SAID DESTINATION/HOTEL OR RESORT. PLEASE UNDERSTAND THAT IF WE ARE UNABLE TO DELIVER TO YOUR LOCALE OR ARE NOT PERMITTED ON THE PREMISES, WE WILL CONTACT YOU FOR ALTERNATIVE DELIVERY LOCATION, PICK-UP LOCATION OR CANCEL YOUR RESERVATION AT OUR OPTION.
3. CUSTOMER IS RESPONSIBLE FOR COMPLYING WITH ALL STATE AND LOCAL LAWS, REGULATIONS, AND RULES OF ALL PROPERTY OWNERS WHERE STROLLERS AND CAR SEATS ARE BEING USED OR LOCATED (PERTAINING TO THE USE OF THE STROLLER(S), INCLUDING FOLLOWING TRAFFIC LAWS, PARKING WHERE AND WHEN PERMITTED ONLY, AND USE OF/CLOSING OF STROLLERS ON MOVING VEHICLES SUCH AS TRAMS, TRAINS, SUBWAYS, MONORAILS, FERRIES, BUSES, ETC.
4. CUSTOMER SHALL BE LIABLE FOR ANY LOSS, THEFT, DAMAGE, PERMANENT MARKING/STAINING OR DESTRUCTION OF THE RENTAL EQUIPMENT. IN THE EVENT THE RENTAL EQUIPMENT SHALL BECOME LOST OR DAMAGED WHILE IN POSSESSION OF CUSTOMER OR UNDER THEIR CONTROL AT ANYTIME, AFTER DELIVERY AND PRIOR TO IT'S RETURN TO COMPANY, CUSTOMER SHALL BE LIABLE TO CITY STROLLER RENTALS FOR ALL DAMAGES CAUSED BY THE LOSS OF EQUIPMENT AND CUSTOMER HEREBY AUTHORIZES, CITY STROLLER RENTALS TO CHARGE THE CUSTOMER FOR THE COST OF REPLACING OR REPAIRING THE EQUIPMENT IN ADDITION TO ANY CHARGES INCURRED FOR THE RENTAL OF THE EQUIPMENT. CUSTOMER MAY BE CHARGED FOR ANY DAMAGE, MISSING PARTS, OR LOSS DURING THE RENTAL PERIOD, WHETHER CUSTOMER HAD THE STROLLER(S) IN CUSTOMER'S POSSESSION OR NOT, AND WHETHER THE DAMAGE OR LOSS WAS DUE TO CUSTOMER'S FAULT OR NOT. CUSTOMER WILL BE CHARGED THE FULL COST OF REPLACING THE EQUIPMENT IN THE EVENT OF DAMAGE OR THEFT. CUSTOMER AGREES TO RETURN ALL RENTED EQUIPMENT TO CITY STROLLER RENTALS IN THE SAME CONDITION CUSTOMER RECEIVED IT. FAILURE TO DO SO WILL RESULT IN A $35.00 FEE FOR EXTRA CLEANING. EXAMPLES OF WHERE STROLLERS WOULD BE CONSIDERED EXCESSIVELY DIRTY WOULD INCLUDE (BUT ARE NOT LIMITED TO) WHERE THEY ARE RETURNED WITH STUCK-ON CHEWING GUM, CRAYON MARKINGS, PAINT, ARTS AND CRAFTS GLUE, MARKERS, PEN INK, DRIED FOOD AND BEVERAGE, VOMIT, OR DIAPER BLOWOUTS.
5. RENTER AGREES TO RETURN ALL RENTED EQUIPMENT TO THE ORIGINAL DELIVERY LOCATION UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE. EQUIPMENT THAT IS UNABLE TO BE RETRIEVED IN A TIMELY MANNER WILL RESULT IN A CHARGE OF ADDITIONAL RENTAL DAY(S) AND A $35.00 RETURN TRIP FEE.
IN THE EVENT THAT ANY RENTED EQUIPMENT AT ANY TIME DURING THE RENTAL PERIOD FAILS TO FUNCTION CORRECTLY, APPEARS DANGEROUS IN ANY WAY, OR CUSTOMER DOES NOT KNOW THE CORRECT OPERATING PROCEDURE, CUSTOMER SHALL IMMEDIATELY CEASE/STOP USE OF THE EQUIPMENT AND THEREAFTER NOTIFY AND MAKE CONTACT WITH CITY STROLLER RENTALS TO DETERMINE THE LOCATION TO WHICH TO RETURN THE EQUIPMENT. IF WE CAN CORRECT THE PROBLEM, CUSTOMER MAY THEREAFTER CHOOSE TO CONTINUE THE RENTAL OF SUCH (OR REPLACED) STROLLER(S), BUT SHALL AGAIN DO SO AT CUSTOMER'S OWN RISK, SO CUSTOMER MUST FEEL COMFORTABLE TAKING BACK POSSESSION OF THE STROLLER(S) AND IF CUSTOMER DOES NOT, WE WILL REFUND THE FEE FOR THE UNUSED PRORATED PORTION OF TIME OF THE ORIGINALLY REQUESTED ORDER PERIOD.
6. RENTAL FEES ARE SPECIFIED ON THE ORDERING PAGE OF THE WEBSITE AND WILL BE SPECIFIED IN YOUR ORDER/RESERVATION CONFIRMATION. CUSTOMER AGREES TO PAY PROMPTLY ALL FEES AND CHARGES WHICH ACCRUE BECAUSE OF THE RENTAL, INCLUDING RENTAL FEES, LATE FEES, AND CHARGES FOR DAMAGES TO AND/OR LOSS OF EQUIPMENT. CREDIT AND DEBIT CARDS ARE THE ONLY FORMS OF PAYMENT ACCEPTED AT THIS TIME. PAYPAL E-CHECK ORDERS WILL NOT BE HONORED AND WILL BE CANCELLED UNTIL APPROPRIATE FORM OF PAYMENT IS COMPLETED.
7. WE REQUIRE A MINIMUM OF 72 HOURS WRITTEN NOTICE PRIOR TO YOUR FIRST RENTAL Date delivery time TO CANCEL YOUR RESERVATION. A full refund will be given to all cancellations made 72 hours or more prior to your rental date delivery time. All cancellations made under the 72 hours window will be charged the minimum rental fee of $20. Please contact us as soon as possible should you need to cancel your stroller rental. Refunds for reservations made greater than 120 days prior from the date of the cancellation request will require additional credit card information to process a credit. No refunds are provided for equipment cancelled on-site, if you or if your designated party "No Shows" for a Self Pickup or for early termination of the rental. No refunds for equipment purchased specifically to accommodate a customer's order, only delivery fees and cost of items THAT WAS available in stock at the time of confirmation are refundable in this situation.
8. CUSTOMER MAY NOT LOAN OUT, SUBLEASE, TO OTHERS TO USE THE EQUIPMENT WITHOUT PERMISSION FROM CITY STROLLER RENTALS. IN THE EVENT OF A LOAN OUT, SUBLEASE OR PERMITTED USE TO A THIRD PARTY, CUSTOMER AGREES TO BE PRIMARILY RESPONSIBLE FOR SAME AND TO INDEMNIFY CITY STROLLER RENTALS FOR ANY AND ALL LOSS RESULTING THEREFROM INCLUDING BUT NOT LIMITED TO PERSONAL INJURY BY OR TO A THIRD PARTY USER.
WE MAY DISCLOSE WITH THE APPLICABLE HOTEL, RESORT AND OTHER DELIVERY/PICKUP SITE PERSONNEL IN ORDER TO ALLOW THEM TO HOLD YOUR RENTED STROLLER(S) EQUIPMENT, ACCEPT THEM FROM YOU AND HOLD THEM UNTIL WE PICK THEM UP AFTER YOUR RENTAL PERIOD.
9. CUSTOMER AGREES TO INDEMNIFY, DEFEND, AND HOLD CITY STROLLER RENTALS AND ITS AGENTS, HARMLESS FROM ANY CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, ARISING FROM OR RESULTING FROM THE MANUFACTURE, POSSESSION, CONDITION, USE, OPERATION, HANDLING, TRANSPORTATION, AND/OR RETURN OF THE RENTED EQUIPMENT AND/OR CUSTOMER'S BREACH OF ANY TERM/CONDITION OF THIS AGREEMENT.
RENTER AGREES TO INSPECT AND VERIFY THE FUNCTIONALITY OF THE EQUIPMENT UPON RECEIPT AND TO NOTIFY CITY STROLLER RENTALS OF ANY DAMAGES, MALFUNCTIONS, OR MISSING COMPONENTS SO THAT APPROPRIATE MEASURES CAN BE TAKEN TO REPAIR AND/OR REPLACE RENTAL EQUIPMENT. THE EQUIPMENT SHALL REMAIN, AT ALL TIMES, THE PROPERTY OF CITY STROLLER RENTALS.
10. CUSTOMER FURTHER ACKNOWLEDGES AND AGREES THAT: (1) EACH RENTAL IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY RENTER, ACCEPTABLE TO CUSTOMER AND SUITABLE FOR CUSTOMER'S PURPOSES; (2) CITY STROLLER RENTALS IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT (3) CITY STROLLER RENTALS IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER WARRANTY ON BEHALF OF ITSELF OR THE CUSTOMER; AND (4) ALL EQUIPMENT RENTED "AS IS." CUSTOMER CONFIRMS THAT THEY HAVE READ THIS AGREEMENT AND VOLUNTARILY ASSUME ALL RISKS OF ANY DAMAGES OCCURRING IN CONNECTION WITH THE PRODUCTS AND/OR SERVICES IN THIS RENTAL AGREEMENT. CUSTOMER HEREBY AGREES TO WAIVE, RELEASE AND DISCHARGE CITY STROLLER RENTALS AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, OR REPRESENTATIVES INCLUDING HOTEL OR OTHER PICK-UP SITES FROM ANY AND ALL LIABILITY FOR ANY PROPERTY DAMAGE, LOSS, PERSONAL INJURY, LOSS OF LIFE AND/OR OTHER CASUALTY WHICH MAY OCCUR. IT IS FURTHER UNDERSTOOD AND AGREED THAT THIS WAIVER, RELEASE AND ASSUMPTION OF RISK IS TO BE BINDING CUSTOMER, CUSTOMER'S CHILDREN, CUSTOMER'S HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS IN THE EVENT OF ANY DEATH OR INJURY TO CUSTOMER OR ANY OTHER PERSON USING THE STROLLER.
*DAMAGE INSURANCE TERMS AND DEFINITIONS
11. INSURANCE COVERING DESTRUCTION OR ACCIDENTAL DAMAGE IS AVAILABLE TO PURCHASE PRIOR TO THE FINALIZATION OF THIS AGREEMENT AND ANYTIME BEFORE TAKING POSSESSION OF THE RENTAL ITEM(S). INSURANCE IS NOT AVAILABLE FOR PURCHASE ONCE THE RENTAL ITEM(S) HAVE BEEN DELIVERED OR TAKEN POSSESSION OF. IT IS SOLELY THE RESPONSIBILITY OF THE CLIENT TO DETERMINE THEIR PARTICIPATION IN PURCHASING AN INSURANCE WAIVER. AT NO TIME SHALL ANY GUARANTEE BE MADE BY CITY STROLLER OR UNDERSTOOD BY THE CLIENT THAT RESPONSIBILITY FOR THE RENTED ITEM(S) HAS BEEN DISSOLVED FROM THE CLIENT WITHOUT THE PURCHASE OF AN INSURANCE WAIVER. ($12.50 IS INSURANCE TOTAL ADDED TO THE STROLLER RENTAL COST)
INSURANCE SHALL BE GRANTED TO THE CLIENT RESERVING AN ITEM(S) FROM CITY STROLLER IN WHICH AN INSURANCE WAIVER WAS PURCHASED FOR SUCH SAID ITEM(S). THIS INSURANCE SHALL AT NO TIME BE TRANSFERABLE TO ANY INDIVIDUAL OTHER THAN THE CLIENT. THIS INSURANCE WAIVER IS ONLY IN EFFECT AND ENFORCEABLE WHILE IN THE POSSESSION OF THE CLIENT. THE CLIENT WILL FORFEIT ANY CLAIM TO THE BENEFIT OF INSURANCE PURCHASED IF THE CLIENT RELINQUISHES CONTROL OR POSSESSION OF THE RENTED ITEM(S) AT ANY TIME TO ANY INDIVIDUAL OTHER THAN A SPOUSE.
WE USE A GLOBAL POSITIONING SYSTEMS ON OUR MORE EXPENSIVE STROLLERS FOR USE TO LOCATE EQUIPMENT THAT IS MISPLACED OR POSSIBLY STOLEN. CITY STROLLER RENTALS IS THE LEGAL OWNER OF THE VEHICLE OR ASSET OF SAID RENTAL EQUIPMENT AND WE ARE BY LAW ALLOWED TO TRACK ASSETS IF SAFETY OF ASSET IS COMPROMISED.
CUSTOMER ACKNOWLEDGES THAT GPS TRACKING DOES NOT GUARANTEE THE RETRIEVAL OF EQUIPMENT IF THE EQUIPMENT IS MISPLACED OR STOLEN. THERE IS NO 100% RECOVERY RATE GUARANTEE.
REPLACEMENT COSTS: Replacement cost of equipment is based on many variables and solely CITY STROLLER RENTALS DETERMINES full replacement value. Replacement costs will be paid immediately and are not contingent upon receipt of payment to Customer by CUSTOMER's insurance carrier. Rental charges will continue to accrue until payment of the deemed replacement cost has been received in full by CITY STROLLER RENTALS. Rental charges will not be offset against replacement value.
12. OPTION TO DECLINE: IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS SET FORTH IN THIS CONTRACT, YOU MUST NOT PLACE AN ORDER, SIGN THIS AGREEMENT, OR OTHERWISE ENGAGE IN ANY RENTAL TRANSACTION WITH CITY STROLLER RENTALS. DO NOT CLICK A BUTTON NOTING YOUR ACCEPTANCE OR AGREEMENT TO SUCH TERMS AND CONDITIONS. IF CUSTOMER DOES NOT APPROVE OF THE EQUIPMENT DELIVERED BY CITY STROLLER RENTALS, RENTER SHALL IMMEDIATELY CONTACT US TO ARRANGE FOR THE RENTED EQUIPMENT TO BE PICKED UP OR REPLACED. IN SUCH CASE, CUSTOMER SHALL REMAIN RESPONSIBLE FOR ALL CHARGES IN ACCORDANCE WITH CUSTOMER'S ORIGINAL RESERVATION FOR THE RENTAL OF EQUIPMENT
• We make every effort to arrive on time, however due to unpredictable traffic situations and unexpected delays, we do not guarantee exact delivery times. Allow a 2-hour window for Delivery and Pickup.
• We sell out of popular items during Holidays and Special Events. We encourage booking early to reserve equipment during these times. Equipment is rented on a First Come - First Served basis. Orders are NOT reserved until we have received approval and payment information. A delivery fee applies each time we deliver to a location. It is best to have 2 separate orders when you have 2 separate delivery dates.
• CITY STROLLER RENTALS provides normal consumer-grade baby equipment, in most instances. Our equipment is highly maintained and safety inspected after each rental. However, we do not provide specialty designer brands, "professional" or "institutional" equipment. If you are looking to supply beds for a nursery school or other such institution for month-to-month or rent-to-own, we cannot assist you. If you are looking for specialized car seats for special needs, premature or children undergoing hospital procedures; we do not carry these items please contact a medical supply company. If you are an avid or professional runner/jogger looking for a high-end professional jogging stroller, please check with local bicycle shops to see if they can accommodate your need. Equipment is intended for those expecting out-of-town guests and for traveling families needing short term rental of equipment for their children while away from home.
• We do not guarantee specific makes, models, colors or styles. • Objections received following the rental period are not subject to refund. • Refunds are not provided for any item due to the child's inability to sleep, eat, or lack of interest. • City Stroller Rentals reserves the right to refuse service at our discretion.