1. Definitions. The parties agree that the following terms will have the meanings given to them. “Lessor” means The Vacation Property Group, LLC, a Florida limited liability company. “Lessee” means the individual(s) identified in the “Personal Details” on the Order Confirmation. “Equipment” means the equipment rented by Lessee from Lessor, as described on Lessee’s Order Confirmation, as may be changed prior to or after Lessee’s check-in, as well as all safety items, if any, provided with such equipment. “Parties” mean Lessor and Lessee. “Service” means any third-party service booked or ordered by Lessee through Lessor, as described on Lessee’s Order Confirmation, as may be changed prior to or after Lessee’s check-in. “Vacation Area” means the county in which the Equipment is rented from Lessor, unless otherwise agreed to in writing by Lessor. The term “agreement” means Lessee’s Order Confirmation and these rental terms and conditions.
2. Lease. Lessor is leasing to Lessee, and Lessee is leasing from Lessor, the Equipment, subject to these terms and conditions. The parties agree that the terms and conditions contained herein will govern the rental of any Equipment to Lessee (and certain provisions will apply to Lessee’s order and use of any Service). Lessor will require a credit card number as a security deposit.
3. Delivery and Pick-Up. All Equipment will be delivered by Lessor to Lessee; Lessee will not be allowed to pick up the Equipment under any circumstances. Subject to Section 5 below, Lessor agrees to deliver the Equipment on or before Lessee’s check-in date. Lessor will pick up the Equipment on or after Lessee’s departure date. The location for delivery and pick-up will be the address identified on the above Order Confirmation. Lessee agrees to have all Equipment clean and ready for pick-up, at the same spot where Lessor initially dropped off the Equipment, by 6:00 am on the day of Lessee’s departure. There will be a $100 charge applied to Lessee’s credit card if all Equipment is not ready for pick-up by 6:00 am on the day of Lessee’s departure at the spot where Lessor initially dropped off the Equipment. There will be an additional $50 cleaning charge applied to Lessee’s credit card on Equipment returned un-cleaned.
4. Rent Credit. Lessee is given a non-cash credit to apply toward Lessee’s Equipment rental. If Lessee’s total Equipment rental value is less than or equal to the amount of the non-cash credit, then there will be no additional vacation gear charge. Lessee will NOT receive a credit or cash refund if the total Equipment rental value is less than the amount of the non-cash credit. If Lessee’s total Equipment rental value exceeds the amount of the non-cash credit, then Lessee will be charged the difference at or prior to check-in. Lessee agrees to pay the additional charge, if any. Delivery of Equipment will not be made if there is an unpaid balance. While the Lessor endeavors to ensure that descriptions and prices of Equipment are correct, Lessor reserves the right to correct errors as needed. All prices and availability are subject to change without notice.
5. Changes; Refunds; Exchanges. All Equipment selections must be made at least 48 hours prior to Lessee’s arrival, or the Equipment may not be delivered the day of arrival. Refunds will not be made due to inclement weather or hurricane evacuation. Lessor may make changes to the initial Equipment selections up to 4:00 pm EST the day after Lessee’s arrival, if available, and there may be additional fees charged to Lessee’s credit card. Lessee must notify Lessor to change an item, and Lessor will deliver the new rental item, if available, on the next available delivery date. Equipment selections are final at 4:00 PM EST the day after Lessee’s arrival, and Lessee may not make any changes to the Equipment selections after this time unless agreed to by Lessor, in which case any new or additional items will become part of the Equipment rented by Lessee hereunder.
6. Inspection. All Equipment is checked and cleaned prior to delivery. Upon check-in, Lessee agrees to inspect the Equipment and notify Lessor immediately by phone or email to report any damage or discrepancies. Unless discrepancies or damage is reported to Lessor within 4 hours after Lessee’s check-in, it will be assumed that any damage to or loss of the Equipment occurred during Lessee’s rental of the Equipment.
7. Use. Lessee agrees that any person using the Equipment will only use the Equipment in the manner for which it is designed and intended to be used. Lessee further agrees that the Equipment will only be used for vacation recreational purposes, and not for activities that may be considered dangerous or risky by a reasonable person (e.g., shark fishing, alligator hunting, trick/stunt riding), and that the Equipment will not be modified in any way without the Lessor’s prior written consent. Lessee represents and warrants to Lessor that all persons using the Equipment have the appropriate knowledge and training to operate or use the Equipment. Lessee agrees that all persons using the Equipment will use the Equipment in a careful and proper manner and will comply with all applicable laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment, including, without limitation, use of life jackets and whistles with kayaks and paddleboards. Lessee agrees that Lessee will not leave beach chairs, umbrellas, and other beach equipment on the beach unattended or overnight. Lessee agrees not to remove any of the Equipment from the Vacation Area or use the Equipment outside of the Vacation Area.
8. Ownership. The Equipment is, and shall at all times be and remain, the sole and exclusive property of Lessor; and the Lessee shall have no right, title or interest therein or thereto except as expressly set forth in this Lease.
9. Repairs. Lessor will furnish any and all parts, mechanisms and devices required to keep the Equipment in good mechanical working order. Lessee shall not in any way repair or materially alter the physical makeup of the Equipment.
10. Damaged Equipment. Lessee hereby assumes and shall bear the entire risk of damage to the Equipment by any person from any and every cause. In the event of damage of any kind to the Equipment, Lessee agrees that Lessor may charge Lessee’s credit card for the full cost of repair of the damaged Equipment, or the replacement cost thereof if it cannot be repaired. Lessor expressly reserves the right to choose the repair method and venue. The parties agree to be bound, legally and otherwise, by the report of Lessor’s chosen repair venue as to the cause of the damage to the Equipment and the cost of repair. If the Lessee’s credit card cannot be successfully charged within 24 hours, the Lessee shall be considered to be in default hereunder. Notwithstanding the foregoing, Lessee may purchase an Equipment Protection Plan from Lessor at the cost of 7.8% of the total rental value of the Equipment, and in such case, Lessee will not be responsible for damaged Equipment unless the damage is caused, in Lessor’s sole determination, by intentional misconduct, by egregious or unreasonable behavior, or by use that is inconsistent with the provisions of Section 7.
11. Lost or Stolen Equipment. Lessee assumes and shall bear the entire risk of loss or theft of the Equipment for any reason or from any cause. In the event that any of the Equipment is lost or stolen, Lessee is liable to Lessor for the replacement value of the Equipment. Lessee agrees that Lessor may charge Lessee’s credit card for the amount owed for replacement of the lost or stolen Equipment. If the Lessee’s credit card cannot be successfully charged within 24 hours, the Lessee shall be considered to be in default hereunder.
12. Default; Remedies. In the event of a default by Lessee hereunder, all amounts owed by Lessee to Lessor shall become immediately due and payable. Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover any amounts owed by Lessee, including collection fees and reasonable attorneys’ fees and costs. Lessor reserves the right to pursue all available civil and criminal remedies against Lessee, including, but not limited to: recovering possession of the Equipment, obtaining from Lessee’s credit card any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any available civil remedies. These remedies are not exclusive.
13. Surrender. Lessee shall return the Equipment to Lessor by in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted. Ordinary wear and tear is to be reasonably determined by Lessor. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time after return. Lessor’s determination as to the condition of the Equipment after return by Lessee is binding under this Section 13 and Sections 10 and 11.
14. Limitation of Liability. ALL EQUIPMENT AND SERVICES ARE PROVIDED “AS IS.” LESSEE ASSUMES ALL RESPONSIBILITY FOR ALL EQUIPMENT WHILE IN LESSEE’S POSSESSION. LESSEE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, THEFT, DESTRUCTION OR DAMAGE OF ANY EQUIPMENT. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BOOKING WEBSITE, OR FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON SUCH WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT ANY EQUIPMENT LESSOR DELIVERS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BOOKING WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR SERVICE OR THE INFORMATION ON THE BOOKING WEBSITE.
15. Assumption of Risk; Indemnity. Lessee understands that there exist certain risks of injury from the use or misuse of the Equipment or Service, including the potential risk of serious injury, disability or death. Lessee knowingly and freely assumes all such risks, both known and unknown, and assumes full responsibility for the use and/or handling of the Equipment or Service, whether by Lessee, their traveling companions, their guests, their children or any other person. Although Lessor may provide safety items with the Equipment, Lessee agrees that Lessor is not responsible for providing proper safety items with the Equipment or for ensuring that any such items are used properly or will fit or function properly. Proper safety items are the sole responsibility of Lessee. Lessee hereby agrees for themselves, and on behalf of their heirs, assigns and personal representatives, to indemnify and hold harmless Lessor and its affiliated companies, and each of their respective owners, members, officers, directors, employees, and agents, and the owner(s) of the property where any Equipment is delivered, and hereby releases each of them, from and against any and all claims, liabilities, losses, damages, expenses and penalties, including reasonable attorneys’ fees and costs, arising from, related to, or connected with any injury, disability, death, loss or damage to person or property of any character caused by the use, misuse, handling, storage or transportation of the Equipment or Service by any person during the time the Equipment or Service is rented or used by Lessee or while the Equipment is in the possession or control of Lessee.
16. Payment of Commission. Lessor may receive a fee from a third party for the provision of services hereunder.
17. Waiver. The failure of either party to enforce any provision of this agreement shall not be deemed a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with the same or any other provision of this agreement.
18. Typographical Errors. In the event any Equipment or Service is listed at an incorrect price due to typographical error or error in pricing information received from Lessor’s suppliers, Lessor shall have the right to refuse or cancel any orders placed for such Equipment or Service listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the rental and Lessee’s order is canceled, Lessor shall immediately issue a credit to Lessee’s credit card in the amount of the incorrect price.
19. Entire Agreement. This agreement, along with the Lessee’s Order Confirmation, constitutes the entire agreement between the parties with respect to the subject matter hereof, and it may not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found to be unenforceable, it will not affect the remainder of the agreement, which shall remain valid and enforceable. Lessee may not assign this agreement without the prior written consent of Lessor, which consent may be withheld for any reason.
20. Survival. Lessee’s obligations under this agreement shall survive the expiration or cancellation of this agreement for any reason. If Lessee is more than one person, then each such person shall be jointly and severally liable for the obligations of Lessee hereunder.
21. Governing Law. This agreement shall be construed and enforced according to laws of the State of Florida, without reference to any conflicts of laws provisions. The parties agree that any action arising out of or related to this agreement or the services provided by Lessor shall be brought only in a state or federal court located in Franklin County, FL, and the parties hereby expressly waive any objection to venue or personal jurisdiction or that the forum is not convenient. The parties accept generally and unconditionally the in personam jurisdiction and venue of the aforesaid courts and waive any defense of forum non conveniens.
22. Attorneys’ Fees and Costs. In the event of any claim, dispute, action or controversy regarding this agreement, including any litigation, mediation or arbitration, the substantially prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs from the other party, whether such fees and costs are incurred before or at trial, on appeal, during any post-judgment collection action, or otherwise.
23. Confidentiality. Lessor agrees to hold Lessee’s selections, personal information, and credit card information confidential and will use and/or disclose such information only as necessary for the purpose of performing this agreement.