RENTAL AGREEMENT AND LIABILITY WAIVER
This Agreement shall be between you the “Client”: and Chuck’s Beach Chairs, LLC (“CBC”). CBC remains the sole owner of all of its rental equipment. CBC is not offering for sale, and the Client is not purchasing, the equipment. The client hereby acknowledges that the equipment shall be for personal use only. By accessing and/or using the site, the “Client” acknowledges that they have read, understood and agree to the terms stated below.
IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE SITE AND YOU MUST IMMEDIATELY CEASE ALL USE OF THE SITE.
Reservations and Payment of Rental Fees
The Client's reservation is attached hereto and incorporated by reference.Payment is due by credit, debit card, or PayPal at the time of making the reservation. The Client agrees to allow CBC to make alterations, adjustments, and additions to the form of payment for the purposes of crediting, refunding, and charging for any service or fee associated with their reservation. CBC will confirm your reservation by email within 24 hours. Client should contact CBC if a confirmation email is not received within 24 hours of placing a reservation online or over the phone.The colors of products may vary from the images shown.
Delivery, Possession and Usage
At the time of reservation, the Client will specify the name and location; within the CBC delivery areas of Hillsboro Beach, Lauderdale by the Sea, Pompano Beach, or Deerfield Beach (area map attached here to and incorporated for reference); of the resort, hotel or vacation home where the rental item(s) will be delivered and retrieved. Client understands that delivery/return pick up locations and procedures may vary based on their chosen location. The exact time and location of both deliveries and the return pick up will be communicated via email to the client. If client is unsure as to the location the delivery or the return pick up, the client agrees to contact CBC to clarify.The Client agrees to contact CBC within 24 hours of the agreed delivery/return pick up date and time by phone or email if the Client is unable to meet with a representative from CBC for the personal delivery/return pick up of their rented item(s) at the agreed upon resort, hotel, or vacation home. The Client agrees that if the Client is late, misses their delivery/return pick up time or is otherwise unavailable to meet with a representative at the agreed upon time, the client may (at CBC's sole discretion) request the next available meeting time.
The Client agrees and understands that delivery and return pick up will be made face to face with a representative from CBC. The Client agrees to select an available time for delivery and return pick-up in which the Client will be available to meet with a representative of CBC face to face. The Client also agrees and understands that only the times listed on the website at www.ChucksBeachChairs.com are available for their chosen delivery/pick up locations and that other times are not available unless specific exceptions and arrangements are made through CBC via email or phone.
The Client agrees and understands that all requests for changes to the existing reservation must be made at least 72 hours before the agreed delivery time of said reservation. Change requests made less than 72 hours before the agreed delivery time will be honored at the discretion of CBC. The Client agrees that if no contact is made within 72 hours of the agreed delivery date, the Client accepts possession of the rental item(s) and its responsibilities during possession.The Client agrees and understands that all deliveries are made with earnest effort to the requested delivery time but, due to traffic or volume, understand there is an allowable 30 minute window of the requested delivery time. Client understands and agrees that during times of extreme weather, deliveries and/or pick-ups may be temporarily suspended for the safety of delivery personnel until such time it is deemed safe by management to continue operations (Extreme weather may include but is not limited to:Tropical Storms/Hurricanes, Tornado warnings, winds exceeding 25mph). If an attempt is made to deliver rental items to the resort, hotel or vacation home and the Client is unavailable or the Client has provided the incorrect delivery location resulting in a 2nd trip to redeliver, a $20 re-delivery fee may be applied at CBC's discretion.
The Client agrees that they have made every effort to verify that their desired delivery and return locations are within the CBC delivery areas of Hillsboro Beach, Lauderdale by the Sea, Pompano Beach, or Deerfield Beach (area map attached hereto and incorporated for reference); and that any reservation may be altered or canceled at any time at CBC's discretion if the desired location is not in the delivery area as stated. The Client understands they are responsible to pay the full replacement value of any rental item returned to a location outside of the stated delivery area at CBC's sole discretion. If the client has traveled outside of our delivery/pick up area and is unable to return, it is the client's responsibility to ensure that all items rented and items associated with the rental are returned to CBC by means of taxi, ride-share services, courier or freight shipping (FedEx, UPS, USPS, etc..). All charges for any such return shall be the sole responsibility of the client.
The Client agrees that any reservation may be altered or canceled at CBC's discretion if CBC deems the desired resort, hotel or vacation home’s (delivery or pick up location) health and safety standards to be detrimental to the nature of our business. The Client agrees to maintain possession of the rental item throughout the course of their rental period.Rental items are to be kept secure when not in use (i.e. hotel room, vehicle, etc…). Items are not to be left with bell stands or luggage rooms for daily storage. Items found with bell stands or luggage rooms may be considered abandoned or returned early and are subject to pick up.The Client agrees to inform CBC immediately of any defect or malfunction while in use. Once notified, CBC will make every effort to remedy the issue in a timely manner.
The Client agrees to only use the rental item(s) for its intended purpose in a manner for which it was designed. At no time should the rental item’s stated weight limits (as stated on this site) be exceeded.The Client agrees that violations of this agreement may result in the termination of the rental. CBC reserves the right to terminate a rental based on evidence of abuse or violation of any and all parts of this agreement. Client agrees to surrender any and all rented equipment and accessories to CBC upon request from CBC. CBC may, at its sole discretion, refund any portion of a rental that it deems necessary to terminate.
The Client agrees that based on the request of the client, any chair exchange due to (but not limited to): chair left in rain, vomit, leaking diaper or other bodily fluid - may be charged a $15 exchange fee at CBC's discretion.
Returning Equipment
It is the responsibility of the Client to ensure that all rental items are available for pick-up at the designated resort, hotel or vacation home on the date and time specified in the reservation. The Client agrees and understands that return pick up will be made face to face with a representative from CBC.The Client agrees to select an available time for return pick-up in which the Client will be available to meet with a representative of CBC face to face. The Client also agrees and understands that only the times listed on the website at www. ChucksBeachChairs.com are available for their chosen return pick-up locations and that other times are not available unless specific exceptions and arrangements are made through CBC via email or phone.
At no time should any rental item ever be left in the guests' room after checkout. The Client is responsible to pay the full replacement value of any items left in rooms at CBC's sole discretion.It is the responsibility of the Client to be available at the agreed upon time and location for the return pickup. The Client agrees and understands that the return pick up must be made face to face with a representative of CBC. If the Client is unable to meet with the representative at the agreed upon time and location, the Client may (at CBC's sole discretion) reschedule their return for the next available time slot. If the Client wishes to extend the rental period, the Client must contact CBC within 24 hours before the agreed upon return time. CBC may, at its own discretion allow or deny any extension. CBC reserves the right to charge the Client's card and Client agrees to allow the charge of $10 per item for each additional day or fraction of a day the rental item(s) is kept by the Client. Client agrees to contact CBC in the event of a delay in returning rental item(s) at the agreed upon time. It is the sole discretion of CBC as to whether a grace period may be granted. A $20 fee may be applied for return trips to pick up rental items if not returned at the agreed upon time as listed in the rental reservation or prearranged with CBC.
Damages to or loss of Equipment
The Client shall accept for use, as is, the rental item(s) listed in the reservation and accept full responsibility for the care of the equipment while it is in the Client's possession.
The Client is responsible to pay the full replacement value of any rental item(s) rented under this agreement that is not returned to CBC within 48hrs of the end of the agreement. The Client also agrees to authorize the replacement cost of each rental item(s) to the Client's credit card in the event that the rental item(s) is not returned. In the event that an item(s) has been recovered after the client has been charged, a full refund of the replacement charge will be issued to the client.
The Client is responsible to pay the replacement cost of any lost parts or accessories, whether paid for or provided free of charge. These include but are not limited to: Shoulder straps, harnesses, cooler bags, head cushions, ETC. These items may be provided for a small fee or free of charge and are not guaranteed to be available during your rental.
The Client is responsible for the loss, theft, damage or destruction of the rental item(s) and agrees to pay the full replacement value for the rental item(s). The Client also agrees to authorize the replacement cost of the rental item(s) to the Client's credit card.
The Client agrees to return the rental item(s) in the same condition as it was delivered, and to report any loss, theft, damage or destruction to the rental item(s) immediately to CBC.
Cancellation
A full refund will be given to all cancellations made one week (7 calendar days) or more prior to your rental date. All cancellations made less than one week (7 calendar days) prior to the rental date will be charged 50% of their rental agreement order price, at CBC’s discretion. Refunds for reservations will be refunded via PayPal or by check.
Liability Waiver
By accepting and using the rental equipment, the Client and any user, acknowledges that the rental equipment is being used at their own risk. CBC hereby makes no warranties with respect to the rental equipment, and CBC hereby specifically disclaims all warranties, whether express or implied. CBC and its employees, owners and affiliates will not be responsible for accidents, injuries or damages caused directly or indirectly by the use or misuse of the rental equipment. The Client and any user agree to hold harmless CBC and its employees, owners and affiliates, from any liability, injury, death, property loss or damage which may result directly or indirectly from the use of the rental equipment.
This Agreement is governed by the laws of the State of Florida.