1.0 GENERAL 1.1 Orlando Vacation Equipment Rental also known as ‘OVER’ is in contract with the ‘CLIENT’ who is authorized to use the equipment, as per and subject to all the terms and conditions set forth in this Rental Agreement. By submitting an order the CLIENT accepts and agrees to this rental agreement. 1.2 This Agreement is governed by the laws of the State of Florida. 1.3 CLIENT agrees that they are a competent adult over the age of 18. 1.4 OVER retains the right to cancel any order or provide substitutions to any order at any time at our sole discretion.
2.0 OWNERSHIP 2.1 The equipment is the sole property of OVER who retain all ownership rights and is supplied in good condition. 2.2 The CLIENT will return the equipment in the same condition as when it was received at the end of the rental period or sooner, if so requested by OVER. 2.3 OVER may repossess the contracted equipment, upon demand at any time, if it is discovered that the equipment is being used in violation of the terms of this agreement, or in any way that may cause harm to the CLIENT or any other person.
3.0 LIABILITY 3.1 The CLIENT and any user agrees to hold harmless and indemnify OVER and its agents, employees, owners and affiliates, from and against any and all such losses, damages, demands, injuries, liability claims, actions and causes of action, whatsoever, that may arise, or have arisen, related to any damage, loss or injury, claimed by persons, from the use, operation, of the equipment. 3.2 OVER shall not be held liable or deemed responsible for any damage to or the loss of any property, lost, left, stolen, damaged, stored or transported by the renter, its agents, servants or employees or any other person on or using the rented equipment, either before, during or after returning the equipment. Renter assumes all risk of such loss or damage and waives all claims against OVER. 3.3 CLIENT assumes all risk and full liability for any loss, damage, injury or death, to persons or property of CLIENT, or others arising out of the use or misuse, or operation of the equipment. 3.4 OVER being neither the manufacturer, nor a supplier, nor a dealer in the equipment makes no warranties, express or implied, as to any matter whatsoever, including, without limitation the condition of the equipment, its merchantability, its design, its capacity, its performance, its material, its workmanship, its fitness for any particular purpose, or that it will meet the requirements of any laws, rules, specifications, or contracts which provide for specific apparatus or special methods. CLIENT further disclaims any liability whatsoever for loss, damage, or injury to CLIENT or third parties as a result of any defects, latent or otherwise, in the equipment. As to OVER, CLIENT rents the equipment ‘AS IS’. OVER shall not be liable in any event to CLIENT for any loss, delay, or damage of any kind or character resulting from defects in, or inefficiency of equipment rented. 3.5 CLIENT assumes all costs and expenses of every kind and nature, including, but not limited to legal fees and disbursements, arising out of and in conjunction with the use of the equipment. 3.6 CLIENT understands that there exist certain risks of injury from the use or misuse of such items, including the potential risk of serious injury, disability, or death. 3.7 CLIENT knowingly and freely assumes all such risks, both known and unknown, and assume full responsibility for use of such items.
4.0 DELIVERY AND PICK UP 4.1 At the time of reservation, the CLIENT will specify the name and location of the Orlando area resort, hotel or vacation home where the rental item(s) will be delivered and picked up. 4.2 CLIENT agrees that if no contact is made within 24 hours of the agreed delivery date, the CLIENT accepts possession of the rental item(s) and its responsibilities during possession. 4.3 OVER agrees that all efforts are made to meet the preferred delivery and pick up time slots however this may not always be possible. OVER is not liable for any claims against items not been delivered or picked up at the preferred time slot. 4.4 During extreme weather events not limited to hurricane, tornado, high winds, torrential rain deliveries may be suspended until deemed safe by OVER. 4.5 CLIENT agrees to return all rented equipment to the delivery location listed on their rental reservation unless prior arrangements have been made. Equipment that is unable to be retrieved in a timely manner may result in a charge of additional rental day(s) and/or a $25.00 return trip fee.
5.0 OPERATION 5.1 CLIENT is responsible for familiarizing themselves with the proper operation of all equipment before using. 5.2 OVER requires CLIENT to operate the equipment with all reasonable care, attention and due diligence and at all times to fully comply with the terms of this agreement, CLIENT shall notify OVER immediately of any and all accidents, damage or injury resulting from the use or operation of the rented equipment. 5.3 Under NO circumstances shall the equipment be used, or operated by any person either: a) under the age of 18, unless expressly agreed by and in writing from OVER; b) in an unsafe manner, or in a manner that may cause injury or harm; c) whilst under the influence of intoxicants or narcotics. 5.4 CLIENT shall not remove, alter, disfigure or cover up any numbering, lettering, or insignia displayed upon the equipment, and shall see that the equipment is not subjected to careless, unusually or needlessly rough usage. 5.5 CLIENT agrees to pay all costs, expenses and legal fees that may be incurred by OVER in the collection of any outstanding sums due to them, in regaining possession of the equipment, or in the enforcement or recovery for any damage, losses or claims levied against the CLIENT or the CLIENTS representative. 5.6 CLIENT will return the equipment in the same condition as when it was received at the end of the rental period other than wear and tear expected for the rental period. 5.7 CLIENT agrees that any extra cleaning or damage to rented equipment will be charged up to the fair value of the damaged item.
6.0 DAMAGE WAIVER COVER. 6.1 An optional damage waiver cover is available to cover your rented items in cases of loss, damage, or theft and protect you from paying replacement costs. The Accidental Damage Waiver Insurance is offered for an additional premium. The waiver is only for items rented from OVER and does not include any personal items of the CLIENT. The waiver terminates at the designated return time listed in the reservation. Items not returned by the designated time will no longer be covered by the waiver. 6.2 Waiver purchased by the client shall be null and void in the following instances: Client abandons rental items during the course of the rental agreement period, Client disassembles, removes parts or modifies rental items that are not intended to be removed as part of its normal operation. Client uses the rental item for anything other than its intended purpose.
7.0 CANCELLATION 7.1 A full refund will be given to all cancellations made 48 hours or more prior to the rental date. All cancellations made within the 48 hour window will be charged the full rental fee.