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Precious Travellers Inc./Voyageurs Précieux Inc.
Rental Agreement
This Agreement shall be between you the "Client" and Precious
Travellers Inc. "Precious Travellers", with its Head Office
at 4 Birkett Street, Nepean, Ontario K2J 2V8 for the rental of personal
property, herein referred to as "Equipment".
Precious Travellers remains the sole owner of all its Equipment.
The Client hereby recognizes that the Equipment shall be for personal
use only.
Precious Travellers requires a minimum order of $35.00 CDN not including
taxes and delivery.
Payment of Rental Fees
All reservations must be secured with a valid Visa or Master Card credit
card number.
The Client agrees that a $20 deposit will be charged to the credit card
at the time of the reservation being made.
The Client agrees that the full amount of the rental fees plus taxes
and delivery, if any, will be charged to the credit card 48 hours prior
to the commencement of the rental period unless prior arrangements have
been made with Precious
Travellers for payment in cash upon receipt of the Equipment.
If the Client has arranged to pay the rental fees with cash and fails
to do so immediately at the start of the Rental Period, Precious Travellers
reserves the right to charge the credit card provided at the time the
reservation was placed for the total amount of the rental order plus
a $25 non-payment fee.
Cancellation Fees
The Client acknowledges that all cancellations must be made 48 hours
before the pre-arranged pick-up or delivery time in order for a refund
of the $20 deposit.
The Client agrees that if an order is cancelled within 48 hours of the
pre-arranged pick-up or delivery time, one day rental fees for each piece
of Equipment reserved will be charged to the credit card provided.
The
Client agrees that no shows will be charged the full rental price for
the duration of the agreed upon rental period.
Delivery of Equipment
If Clients require the Equipment to be delivered, there will be a delivery
charge for all rentals under a prescribed amount.
Precious Travellers will make all reasonable efforts to deliver the
Equipment prior to arrival and/or pick-up the Equipment after the Client’s
departure, if such arrangements have been made in advance.
Precious Travellers cannot be responsible for unforeseen inability to
access the Client’s vacation location for delivery or pickup.
Precious Travellers reserve the right to refuse delivery to any place
we consider impractical or unsafe.
Specific - Delivery of Equipment to Hotels
The Client understands and agrees that if delivery is to take place
at a hotel prior to the Client’s arrival, it is the Client’s
responsibility to notify the hotel in advance, including the concierge,
if any, that Precious Travellers will be making a delivery at the scheduled
time and arrange for a delivery location.
The Client further agrees that it is his/her responsibility to return
all Equipment to a predetermined location within the hotel clearly marked
with “Precious Travellers” and to notify the front desk staff
at what time the Equipment is scheduled for pick-up.
The Client agrees that, if a full size crib is to be disassembled by
Precious Travellers at the end of the rental period, he/she will be present
for the return of said crib to facilitate its disassembly.
The Client understands that it is not always possible to deliver full
size cribs and toddler beds to hotels.
Location of Equipment
The Client agrees that it will keep all Equipment in its possession
at the address indicated to Precious Travellers and will not remove the
Equipment from said address without agreement in writing executed by
Precious Travellers.
Receipt of Manuals
The Client agrees to comply with the manuals published and printed by
the manufacturers which are provided with the Equipment and acknowledges
that Precious Travellers is not responsible for the Client’s failure
to abide by recommendations or instructions in said manuals.
Damage to or Loss of Equipment
The Client agrees that any and all damages to the Equipment will be
reported to Precious Travellers immediately.
In the event of damage and/or partial destruction from any cause whatsoever,
the Client agrees to pay to Precious Travellers a reasonable cost of
repair to said Equipment.
The Client agrees to pay an additional fee if Equipment is returned
with excessive soiling needing more intensive cleaning. Excessive soiling
may include chewing gum, vomit, stickers, crayon, markers, or other difficult
to remove substances.
The Client is fully responsible for the loss, theft or destruction of
Equipment from all causes whatever and agrees to pay the owner replacement
value of the Equipment in such event.
If any misuse or negligence on the part of the Client results in irreparable
damage to Precious Travellers’ Equipment, or if the Equipment is
not returned, lost or stolen, the Client’s credit card will be
charged the full replacement cost of the damaged Equipment. The exception
is car seats which are damaged in a collision.
Damage to or Loss of Packing Materials
The Client agrees to maintain all packing materials (bags, boxes, straps,
etc..) in good condition or supplemental charges may apply.
Provisions regarding Damage to Car Seats
Precious Travellers will not install car seats.
Precious Travellers will provide a copy of the manufacturer's instruction
booklet for each rented car seat so that the Client can properly install
them.
The Client agrees to notify Precious Travellers immediately if a rented
car seat has been in a motor vehicle accident, no matter how slight.
The Client will not be charged the full replacement value of said car
seat as long as the Client works with Precious Travellers and the Client’s
own insurance company to obtain compensation for the loss of the car
seat. This includes, but is not limited to, the Client notifying their
motor vehicle insurance company that a car seat was involved in the collision
and forwarding to Precious Travellers any compensation for the car seat
received as a result. If no compensation was received for the car seat,
the Client is not responsible for the replacement value of said car seat
as long as the Client forwards a letter to Precious Travellers from the
insurance company indicating that compensation for the car seat was refused.
Return of Equipment
It is the responsibility of the Client to ensure that all Equipment
is dropped off at the office of Precious Travellers or is available for
pick-up by Precious Travellers at the agreed upon time. If the Client
wishes to keep the Equipment past the agreed time, he/she will be required
to pay an additional night's worth of rent for each item.
The Client agrees that failure to return Equipment at the agreed date
and time will result in an additional service charge of $30.00 plus all
additional rent for the extended period.
In the event that Equipment is lost or not returned, the replacement
value of the lost item/s will be charged to the Client’s credit
card.
Shopper Service
Precious Travellers will only deliver goods to the place where the Client's
rental items are being delivered. Precious Travellers will accept orders
via phone, fax, or e-mail and will send an acknowledgment that an order
has been received within 24 hours. If an acknowledgment has not been
received, the Client must contact Precious Travellers.
Clients using the shopper service must pay for their goods in full via
cash or credit card at the time that the goods are delivered.
In addition to the cost of purchased items, the Client is responsible
for sales tax on those items as well as a 20% convenience fee.
Failure to pay for shopper service goods and fees at the time of delivery
will result in the total amount of purchased items, as well as the applicable
taxes, the 20% service fee, and a $25 non-payment fee being charged to
the credit card used to secure the reservation.
All requests for shopper service must be received no later than 48 hours
prior to the commencement of the Client’s rental period.
Precious Travellers cannot deliver alcohol, tobacco products, certain
over-the-counter cold & cough medicines, prescriptions, and other "adult" or
restricted items. Precious Travellers reserves the right to refuse delivery
of any items that it feels fall under these categories at any time.
Minors
The Client agrees that he/she is over 18 years of age.
Material Submitted Sole Property of Precious Travellers Inc.
Any remarks, images, ideas, suggestions, or other material submitted
via our customer feedback forms, email addresses, guest books or other
means of communication become the sole property of Precious Travellers.
Precious Travellers reserves the right to edit and use any such material
in future print or online products and advertisement without compensating
the original contributor or his/her relatives. By submitting such material,
the Client agrees to us using it under such terms.
Copyright
All content of this website is the copyright of Precious Travellers,
and all rights are reserved. Copying, altering, distributing, publishing,
or transporting any of this site's content without express written consent
of the owner is punishable by law.
Limitation of Liability
LIABILITY FOR DIRECT DAMAGES: PRECIOUS TRAVELLERS’, AND PRECIOUS
TRAVELLERS’ AFFILIATES’, AGENTS’, SUPPLIERS’ AND
SUBCONTRACTORS’ (COLLECTIVELY, “PRECIOUS TRAVELLERS’ PROVIDERS”)
TOTAL CUMULATIVE LIABILITY FOR DAMAGES, EXPENSES, COSTS, LIABILITY OR
LOSSES (COLLECTIVELY, “DAMAGES”) ARISING OUT OF OR IN CONNECTION
WITH THIS AGREEMENT, WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY,
CONTRACT (INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE
OF ACTION OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE
DAMAGES, IS LIMITED TO DIRECT, ACTUAL, PROVABLE DAMAGES AND WILL IN NO
EVENT EXCEED AN AMOUNT EQUAL TO THE TOTAL AGGREGATE AMOUNTS PAID BY THE
CLIENT TO PRECIOUS TRAVELLERS PURSUANT TO THIS AGREEMENT.
NO LIABILITY FOR CERTAIN DAMAGES: PRECIOUS TRAVELLERS AND PRECIOUS TRAVELLERS’ PROVIDERS
ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT
(INCLUDING LOST PROFITS, ANTICIPATED OR LOST REVENUE, FAILURE TO REALIZE
EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY THIRD
PARTY CLAIM), WHETHER ARISING IN NEGLIGENCE, TORT, STATUTE, EQUITY, CONTRACT
(INCLUDING FUNDAMENTAL BREACH), COMMON LAW, OR ANY OTHER CAUSE OF ACTION
OR LEGAL THEORY EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
FOR GREATER CERTAINTY, THE LIMITATION AND EXCLUSION OF PRECIOUS TRAVELLERS’ LIABILITY
SET OUT HEREIN SHALL APPLY NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT AND SHALL APPLY TO ANY OF PRECIOUS TRAVELLERS’ OBLIGATIONS
OF INDEMNIFICATION SET OUT IN THIS AGREEMENT.
Indemnity
The Client agrees to defend, fully indemnify and hold harmless Precious
Travellers and its affiliates, agents, suppliers, subcontractors and
customers, and each of their successors and assigns, from and against
any and all claims, demands, suits, actions, causes of action and/or
liability, of any kind whatsoever, for damages, losses, costs and/or
expenses (including legal fees and disbursements) arising in connection
with this Agreement, including without limitation: (i) any and all breaches
by the Client of any terms or conditions of this Agreement; (ii) damages
to persons or property, personal injury or death caused by the negligent
or willful acts or omissions of the Client arising in connection with
this Agreement; and (iv) any claim by a third party against Precious
Travellers.
Governing Law
The present Agreement is governed by laws of the Province of Ontario.
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