By Renting and/ or accepting Delivery of the Equipment from Tourin’ Tots, the Customer agrees to these Terms and Conditions.
Customer, the parent or legal guardian, over the age of 18, of the child using the Equipment, who is financially responsible for the Rent, and agrees to these Terms and Conditions.
Equipment, any product Rented or sold by Tourin’ Tots, including but not limited to, cribs, car seats, strollers, high chairs, and pack and plays.
Rent, commences when any Customer of Tourin’ Tots confirms reservation (methods including but not limited to booking through the Tourin’ Tots website, e-mail or phone call) or accepting Delivery of the Equipment, and is completed when the Equipment has been Redelivered, and Tourin’ Tots has verified that there is no Damage to the Equipment.
Delivery, when Tourin’ Tots delivers the Equipment to the Customer, or an agent acting on behalf of the Customer (including but not limited to the villa/ house host, hotel concierge or manager, car rental agent, security guard, or any person who grants Tourin’ Tots access to Deliver the Equipment).
Redelivery, when the Equipment is collected by Tourin’ Tots from the Customer at the end of the Rent, at a location agreed upon by the Customer and Tourin’ Tots.
Damage, impacts to the Equipment, including malfunction, loss or theft, that occur during the Rent that requires specialized cleaning, repair or replacement of the Equipment. Including, but not limited to, crayons, markers, chewing gum, vomit, urine, feces, stickers, food, smoke odor or other difficult to remove substances. Also includes non-Redelivery of the Equipment, or parts of the Equipment, more than 10 working days after the end of the Rental period. Does not include wear and tear due to normal use, as specified by the original Equipment manufacturer.
RENTAL BOOKING AND PAYMENT
All Rentals should be confirmed through the Tourin’ Tots website at www.tourintots.com. Any bookings made by e-mail or phone will be put through the website by one of our staff. Same day orders must also be confirmed by phone. Once the booking has been made on the website, a confirmation e-mail will be sent that will summarise the booking, including Equipment requested, order amount and Delivery/ Redelivery time, date and location, and other relevant information (child age/ weight/ height, special requests, room to install Equipment, etc).
Payment should be made at time of booking, or prior to Delivery. Payment before Redelivery can be accepted upon confirmation by Tourin’ Tots.
The Customer is responsible for the proper use of the Equipment as specified by the original Equipment manufacturer. Equipment remains the property of Tourin’ Tots and the Customer may not sub-lease or sell the Equipment.
An order may be cancelled via e-mail by the Customer 24 hours prior to Delivery and a full refund will be granted. If the order is cancelled less than 24 hours prior to Delivery a 25% fee on the total order amount will be charged. If Delivery is made and the Customer chooses to not accept the Equipment a delivery fee of US$20 and 25% fee on the total order amount will be charged. Tourin’ Tots reserves the right to cancel orders at any time deemed to be fraudulent or trying to cause harm.
Delivery and Redelivery of the Equipment is FREE OF CHARGE!
The time, date and location to Deliver and Redeliver the Equipment must be entered into the booking form on the website. Tourin’ Tots will use best efforts to Deliver and Redeliver the Equipment at the times specified. If Tourin’ Tots is not delivering directly to the Customer, the Customer is responsible for informing the receiver (hotel concierge, housekeeping, host, etc) of Delivery and Redelivery arrangements. Equipment should be Redelivered in the same condition in which it was Delivered, except for wear and tear due to normal use as defined by the original Equipment manufacturer.
Tourin’ Tots will set up the Equipment in the location specified by the Customer, or agent acting on behalf of the Customer. Tourin’ Tots do not install car seats.
LOSS OR DAMAGE
The Customer is responsible for the care and safekeeping of the Equipment during the Rent. In the event that the Equipment is Damaged, the Customer will inform Tourin’ Tots as soon as possible via e-mail. The Damaged Equipment will be collected and a replacement Equipment will be Delivered, unless the Rental period has ended. The Customer is responsible for any Damages caused to the Equipment during the Rental period, and charges may apply to return the Equipment to its original condition at the beginning of the Rental, or replacement of equal value.
The Customer agrees to report to Tourin’ Tots if the car seat rented was involved in an automobile accident while in their possession, so that Tourin’ Tots may know the full history of the car seat. There will be no Damages charged for this.
The Customer, in consideration of the services of Tourin’ Tots, their agents, owners, employees, and all other persons or entities acting in any capacity on their behalf, agrees to the following:
- Customer agrees to defend, protect, indemnify and hold harmless Tourin’ Tots from, all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, in any way connected with, or resulting from use of the Equipment, including without limitation the possession, use, operation, or return of the Equipment, including any such claims which allege negligent acts or omissions on the part of Tourin’ Tots.
- Should Tourin’ Tots or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, Customer agrees to indemnify and hold them harmless for all such fees and costs.
- The Customer certifies that they have adequate insurance to cover any injury or damages caused or suffered while Renting the Equipment, or else agrees to bear the costs of such injury or damage. The Customer understands and agrees that any insurance coverage maintained, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating the Equipment. The Customer further certifies that they have no medical or physical conditions which could interfere with their safety while using the Equipment, or else is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.
CUSTOMER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY WAIVES THE RIGHT CUSTOMER, OR ITS AGENTS, MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION BASED HEREON OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN) OR ACTIONS OF ANY PARTY RELATING TO THE SUBJECT MATTER OF THESE TERMS AND CONDITIONS. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THE RENTAL OF THE EQUIPMENT.
CUSTOMER HEREBY KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUMES ALL RISK, RESPONSIBILITY AND LIABILITY FOR: (a) OPERATION AND POSSESSION OF THE EQUIPMENT; (b) ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY, DUE TO RENTER’S OPERATION OR POSSESSION OF THE EQUIPMENT; AND (C) ANY NEGLIGENCE OF TOURIN’ TOTS, ITS AGENTS, EMPLOYEES, OFFICERS, PARTNERS, PARENT COMPANY, SUCCESSORS AND/OR ASSIGNS.