BEFORE USING THE RENTAL SERVICE, PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING “I ACCEPT,” YOU INDICATE THAT YOU ARE ACCEPTING THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS RENTAL AGREEMENT, THEN PLEASE DO NOT CLICK ACCEPT (IN WHICH CASE YOU WILL NOT BE ABLE TO USE THE RENTAL SERVICE’S FUNCTIONALITY) OR OTHERWISE USE THE RENTAL SERVICE.
IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, SUCH INDIVIDUAL REPRESENTS THAT HE OR SHE HAS THE REQUISITE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE RENTAL SERVICE THROUGH SUCH ENTITY’S ACCOUNT TO THIS RENTAL AGREEMENT, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH OMNI IS LIMITED TO BEING A RENTAL SERVICE USER, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF OMNI FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF OMNI.
1. The Rental Service. As described more fully in the Terms, the Rental Service allows a Rental Owner to make available for rental and to rent designated Rental Items to you at a specified daily rental rate (the “Daily Fee”) for the specified rental term (“Rental Term”). By agreeing to this Rental Agreement, you agree to all obligations and other terms with respect to your rental of the Rental Item(s) from the applicable Rental Owner.
2. Rental. The Rental Owner permits you to use the Rental Items solely for their ordinary, intended use (and in accordance with any applicable provided documentation) during the Rental Term, subject to this Rental Agreement and subject to the your timely payment of all Rental Fees. Ownership of the Rental Items will at all times remain with the Rental Owner. You shall not dispose of or cause any lien or other encumbrance to be placed upon any of the Rented Belongings.
3. Delivery; Pickup.
(a) Unless you have separately arranged with Omni for concierge pickup and delivery pursuant to Section 3.b, the following terms shall govern your pickup and return of Rental Items:
i. Pickup. During the time window separately communicated to you by the Rental Owner or Omni via the Online Services (“Pickup Window”), you will pick up the Rental Items from the Rental Owner’s specified location (“Rental Location”) in accordance with all policies and guidelines separately communicated by the Rental Owner.
ii. Return. Upon the final day of the Rental Term, you shall return the Rental Items to the Rental Location during the time window separately communicated to you by the Rental Owner or Omni via the Online Services (“Return Window”).
iii. Additional Fees. To the extent that you do not return that Rental Items at the Rental Location during the Return Window, you understand and agree that, without derogation to any of Omni’s or the Rental Owner’s remedies at law or in equity (or as otherwise specified in this Rental Agreement or the Terms), you may be immediately charged the replacement value of the applicable Rental Item(s) and/or such additional Rental Fees as may be applicable, to your payment instrument on file, and that to the extent Omni is unable to make such charges, you shall remain liable for such amounts.
(b) The following terms apply solely to Omni’s provision of optional concierge pickup/drop-off services for additional fees (solely where available and as available):
i. Delivery. During the the time window separately communicated to you by the Rental Owner or Omni via the Online Services (“Delivery Window”), Omni will deliver the Rental Items to the to the location you have designated via the Online Services (“Renter Location”).
ii. Pickup. Upon the final day of the Rental Term, Omni shall pick up the Rental Items at the Renter Location during the Pickup Window.
iii. Additional Fees. You agree to be present at the Renter Location during the Delivery Window and the Pickup Window. To the extent that you are not present at the Renter Location during the Delivery Window, you understand and agree that all Rental Fees will be due as if the Rental Items had been successfully delivered by Omni, and provided further that you may be subject to additional fees if Omni needs to deliver the Rental Items outside the Delivery Window. To the extent that you are not present, with the Rental Items, during the Pickup Window, you understand and agree that you will be subject to additional Rental Fees at the rate specified within the Online Services, plus late fees and additional fees for pickup.
4. Loss or Damage.
(a) Loss or Damage. You agree that when you return (or Omni picks up, if applicable) the Rental Items at the end of the Rental Term, the Rental Items shall be in the same condition as when received by you, and you shall be liable to Omni and/or the Rental Owner for any loss, destruction of, or damage to the Rental Items occurring after you pick up (or Omni delivers, if applicable) the Rental Items and prior to you returning (or Omni picking up, if applicable) the Rental Items. You agree that Omni may charge your payment instrument (or retain the security deposit under Section 5.a below) on file in the Online Services for the estimated replacement or repair value of the Rented Belongings in with the event of any loss, destruction of, or damage to the Rented Belongings occurring during such time period.
(b) Omni’s Rights. You agree that, without limiting any of Omni’s other rights or remedies under this Rental Agreement or in law or at equity, in the event of your breach of this Rental Agreement, Omni shall have the right to immediate possession of the Rental Items and you shall provide all necessary cooperation to Omni in connection therewith.
5. Rental Fees.
(a) Security Deposit. You agree that at any time following the booking of a rental of the Rental Items and prior to their return by you, Omni may charge a security deposit to your payment instrument on file in the Online Services up to the estimated replacement value of the Rental Items, as determined by Omni in its sole discretion. You will be notified of the amount of the security deposit before it is processed. You understand and agree that if the applicable payment instrument will not accept this transaction, this Rental Agreement shall be cancelled, and neither Omni nor the Rental Owner shall have any obligation to provide you with the Rental Items. Omni will refund this security deposit to your payment instrument within three (3) business days after the applicable Rental Item(s) has been returned except where any loss, destruction of, or damage to the Rented Belongings occurred prior to your scheduled return of the Rental Item(s). You agree that to the extent Omni charges your payment instrument a security deposit of less than Omni’s estimated replacement value of the Rental Items, Omni may additionally charge you the difference between such estimated replacement value and the amount of the security deposit actually charged to your payment instrument on file in the event of any such loss, destruction of, or damage to the Rental Belongings.
(b) Rental Fees. You agree to pay Omni the fees applicable to your booking of a rental of the Rental Items for the Rental Term (collectively, the “Rental Fees”) as follows: (i) the Daily Rate of each Rental Item multiplied by the Rental Term (partial days for delivery and pickup are charged at the full Daily Rate); (ii) all applicable taxes; (iii) to the extent concierge service is available and elected pursuant to Section 3.b, pickup and drop-off fees at Omni’s current rates; and (iv) any applicable additional fees and/or charges as described herein. As a general rule, Omni will collect the Rental Fees due once Omni confirms a your booking; if necessary, Rental Fees may instead be collected at a later point.
(c) Omni Fees. Omni shall deduct from Rental Fees and retain as fees for the services provided hereunder the amounts set forth in the fee schedule made available by Omni from time to time (the “Fee Schedule”) as well at the amounts described in Section 5(b)(iii)-(iv) (collectively, the “Omni Fees”). The Fee Schedule is subject to change from time to time upon prior written notice from Omni. Omni Fees are nonrefundable in all instances, except to the extent of any overcharge which may occur.
(a) Inspection. Omni has not inspected the Rental Items. You hereby represent and warrant that you will examine the Rental Items before accepting them and acknowledge that, if the Rental Items are not in the condition as described by the Rental Owner, you must fill out Omni’s standard form inspection form noting additional markings, damage or defects with the Rental Items, and such inspection form must be delivered to and countersigned by the Rental Owner and/or an authorized Omni agent.
(b) Return (or Pickup, as applicable) Inspection. You hereby agree that any damage or defects not noted in accordance with Section 6(a) shall be your sole responsibility and may be charged to your payment instrument in accordance with Section 4. Any inability of Omni to charge your payment instrument does not derogate from your liability.
(c) Existing Damage or Defects. You understand and agree that the Rental Items may have existing damage or defects (including latent defects) and that, without limitation, Omni does not accept liability or responsibility for any such existing damage or defects.
7. Cancellations; Early Returns. You may cancel a booked rental of Rental Items prior to pickup (or delivery, as applicable) of the Rental Items. Cancellations may be subject to certain fees in accordance with our Cancellation Policy (“Cancellation Fees”). Cancellation Fees shall be deducted from any prepaid Rental Fee refunds. Early return of Rental Items shall be subject to availability and at the discretion of Omni and/or the Rental Owner, and any related refunds shall be at the sole discretion of Omni.
8. Disclaimers. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF ANY RENTAL ITEMS, INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THIS RENTAL AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE RENTAL ITEMS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT ANY CLAIM WITH RESPECT TO THE RENTAL ITEMS OR RENTAL LOCATION, INCLUDING, WITHOUT LIMITATION, CLAIMS ARISING FROM OR RELATED TO (A) THE EXISTENCE, SAFETY, QUALITY, ADEQUACY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY RENTAL ITEMS, THAT A RENTAL OWNER HAS THE PROPER RIGHTS TO LISTED RENTAL ITEMS OR THAT THE RENTAL OWNER WILL CONSUMMATE ANY TRANSACTION; AND/OR (B) THE SAFETY OR ACCESSIBILITY OF A RENTAL LOCATION, INCLUDING, WITHOUT LIMITATION, KNOWN OR UNKNOWN HAZARDS, HAZARDOUS MATERIALS OR SUBSTANCES, AIR OR WATER QUALITY, DANGEROUS CONDITIONS, ANIMALS, OR OTHER CONDITIONS AT SUCH LOCATION, OR THE ACTS OR OMISSIONS OF THE RENTAL OWNER OR INVITEES, LICENSEE OR TRESPASSERS AT THE RENTAL LOCATION OR THE RESULTS OF OR FAILURE TO PERFORM ANY INSPECTION OF THE RENTAL LOCATION BY OMNI, INCLUDING CLAIMS RESULTING IN PERSONAL INJURY (INCLUDING DEATH) OR DAMAGE TO OR LOSS OF PERSONAL PROPERTY, ARE SOLELY BETWEEN YOU AND THE APPLICABLE RENTAL OWNER, AND OMNI HAS NO LIABILITY WITH RESPECT THERETO EXCEPT SOLELY TO THE EXTENT ARISING FROM OMNI’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
9. Term; Termination; Survival. This Rental Agreement shall commence on the date accepted by you and continue through the conclusion of the Rental Term (as defined in Section 1), unless earlier terminated in accordance with its express terms. Omni may terminate this Rental Agreement for your material breach which remains uncured two (2) days after written notice thereof. The provisions of Sections 3.b.iii) (fees), 4, 5 (fees), 6.a), 6.c), 8 and 9 shall survive any expiration or termination of this Rental Agreement.