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 above Order Confirmation. “Equipment” means the equipment rented by Lessee from Lessor, as described on Lessee’s Order Confirmation, as may be changed up to 24 hours post arrival, as well as all safety items, if any, provided with such equipment. “Parties” mean Lessor and Lessee.
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 the Equipment to Lessee. 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, unless there is a modification to the Equipment rental made after 5pm the day before arrival. Lessor will pick up the Equipment on 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, the evening before the Lessee’s departure. There will be a $50 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 uncleaned.
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 credit, then there will be no additional charge. Lessee will NOT receive a credit or cash refund if the total Equipment rental value is less than the credit amount. If Lessee’s total Equipment rental value exceeds the credit amount, Lessee will be responsible for the balance and charged the difference. 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; Exchanges; Refunds. All Equipment selections must be made at least 48 hours prior to Lessee’s arrival. Equipment selections or modifications made after 5pm the day before arrival will be delivered the day after arrival. Lessee may make changes to the initial Equipment selections up to 24 hours after Lessee’s arrival, if available. A $25 late fee will be charged to Lessee’s credit card for Equipment selections made within 48 hours of arrival or Equipment selection changes made up to 24 hours after arrival. Lessor will deliver the new rental item, if available, on the next available delivery date. Initial Equipment selections are final 24 hours after Lessee’s arrival and Lessee may not make changes to this initial order after this time. Lessee must notify Lessor to add additional Equipment after this time. Refunds will not be made due to inclement weather or hurricane evacuation.
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 shall only use the Equipment in the manner for which it is designed and intended to be used. Lessee shall use the Equipment in a careful and proper manner and shall comply with and conform to all applicable laws, ordinances and regulations in any way relating to the possession, use, or maintenance of the Equipment. 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 Equipment from vacation area. Lessee agrees that they understand how to operate the equipment rented and that they can request instruction on the equipment rented. Lessee agrees that should any damage occur to the gear or that any incident occur with the equipment they will notify VayK Gear Support and provide photos if necessary.
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. Unless Gear Damage Protection is purchased, Lessee hereby assumes and shall bear the entire risk of damage to the Equipment 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.
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 in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof alone excepted. Ordinary wear and tear is to be reasonably determined at the discretion of the 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. Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding under this Section 13 and Sections 10 and 11.
14. Limitation of Liability. ALL EQUIPMENT IS 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 THE 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 THE 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 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, including the potential risk of serious injury, disability or death from the use of the Equipment. Lessee knowingly and freely assumes all such risks, both known and unknown, and assumes full responsibility for the use and handling of the Equipment, whether by Lessee, their traveling companions, their guests, their children or any other person. Lessee agrees that Lessor is not responsible for providing proper safety items as part of 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 the Equipment was 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 by any person during the time the Equipment is rented by Lessee or while the Equipment is in the possession or control of Lessee.
16. Payment of Fees. Lessor may receive fees from a third party for the provision of beach gear rental and delivery. Such fees are subject to change without notice.
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 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 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 shall not be amended, altered or changed except by a further writing signed by the parties hereto. If any portion of the agreement is found 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.
21. Governing Law. This agreement shall be construed and enforced according to laws of the State of Florida. 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, Florida, 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 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.