Last updated October 20, 2017
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 Belongings to a Renter at a specified daily rental rate (the “Daily Fee”) for the specified rental term (“Rental Term”). By agreeing to this Rental Agreement: (a) in the capacity of a Rental Owner, you agree to all obligations and other terms with respect to Rental Owners herein with respect to your rental of the selected Belonging(s) (“Rented Belongings”) to the Renters; and (b) in the capacity of a Renter, you agree to all obligations and other terms with respect to Renters herein with respect to your rental of the Rented Belonging(s) from the applicable Rental Owner.
The Rental Owner permits the Renter to use the Rented Belongings 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 Renter’s timely payment of all Rental Fees. Ownership of the Rented Belongings will at all times remain with the Rental Owner. The Renter shall not dispose of or cause any lien or other encumbrance to be placed upon any of the Rented Belongings.
3. Delivery; Pickup.
- Delivery. During the time window separately communicated to the Renter by Omni via the Online Services (“Delivery Window”), Omni will deliver the Rented Belongings to the location the Renter has designated via the Online Services (“Renter Location”).
- Pickup. Upon the final day of the Rental Term, Omni shall pick up the Rented Belongings at the Renter Location during the time window separately communicated to the Renter by Omni via the Online Services (“Pickup Window”).
- Additional Fees. Renter agrees to be present at the Renter Location during the Delivery Window and the Pickup Window. To the extent that Renter is not present at the Renter Location during the Delivery Window, Renter understands and agrees that all Rental Fees will be due as if the Rental Belongings had been successfully delivered by Omni, and provided further that Renter may be subject to additional fees if Omni needs to deliver the Rental Belongings outside the Delivery Window. To the extent that Renter is not present, with the Rented Belongings, during the Pickup Window, Renter understands and agrees that Renter 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.
- Loss or Damage. The Renter agrees that when Omni picks up the Rented Belongings at the end of the Rental Term, the Rental Belongings shall be in the same condition as when received by the Renter, and the Renter shall be liable to Omni and/or the Rental Owner for any loss, destruction of, or damage to the Rented Belongings occurring after Omni delivers the Rented Belongings to Renter and prior to Omni picking up the Rented Belongings from Renter. Renter agrees that Omni may charge Renter’s payment instrument 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.
- Actions of Renters. The Rental Owner understands and agrees that Omni has no control over the actions of Renters with respect to the Rental Belongings, and that despite Omni’s full compliance with this Rental Agreement, the Rental Belongings may be lost, destroyed or damaged. Other than to the extent provided under the Omni Shield Protection Plan and with respect to amounts actually collected by Omni in relation to such loss, destruction or damage (as described under Section 4(a)), Omni shall have no liability to the Rental Owner or any third party in connection therewith.
- Omni’s Rights. The Renter agrees 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 the Renter’s breach of this Rental Agreement, Omni shall have the right to immediate possession of the Rented Belongings and Renter shall provide all necessary cooperation to Omni in connection therewith.
5. Rental Fees.
- Credit Hold. Renter agrees that at any time following the booking of a rental of the Rented Belongings and prior to their return by Renter, Omni may place a credit hold on Renter’s payment instrument on file in the Online Services equivalent to the estimated replacement value of the Rented Belongings, as determined by Omni in its sole discretion. Renter will be notified of the amount of the credit hold before it is processed. Renter understands and agrees that if the applicable payment instrument will not accept this credit hold, this Rental Agreement shall be cancelled, and neither Omni nor the Rental Owner shall have any obligation to provide Renter with the Rented Belongings.
- Payments from Renters. Rental Owner hereby appoints Omni as Rental Owner's payment collection agent for the purpose of accepting Rental Owner Fees (as defined below) from Renters. Rental Owner agrees that payments of Rental Owner Fees made by a Renter through the Service shall be considered the same as a payment made directly to Rental Owner, and the Rental Owner will not contest Omni’s provision of the Rental Belongings to the Renter in accordance with this Rental Agreement following such payment. Rental Owner understands that Omni accepts payments of Rental Owner Fees from Renters as the Rental Owner's payment collection agent and that Omni’s obligation to pay Rental Owner is subject to and conditional upon successful receipt of all Rental Fees (including the Rental Owner Fees) from Renters. Omni does not guarantee payments to Rental Owner for amounts that have not been successfully received by Omni from Renters. In accepting appointment as the limited authorized agent of the Rental Owner, Omni assumes no liability for any acts or omissions of Renters.
- Rental Owner Fees. Omni will credit all Rental Fees actually collected from Renters, less the Omni Fees (as defined below), to Rental Owner’s Online Services Account (“Rental Owner Fees”). Rental Owner can elect to have such amounts paid to Rental Owner by Omni from time to time (not to exceed one time per month) via such payment method as Omni specifies on the Online Services from time to time, less applicable transaction fees. Upon any termination or expiration of the Terms, Omni will pay Rental Owner all accrued Rental Owner Fees by this same method.
- Omni’s Obligations Limited. Rental Owner acknowledges and agrees that the applicable Renter, and not Omni, will be responsible for performing Renter’s obligations under this Rental Agreement, and that, with the exception of its express obligations hereunder, Omni disclaims all liability arising from or related to the Renter’s possession and use of the Rented Belongings. Renter acknowledges and agrees that Omni acts as the Rental Owner's payment collection agent for the limited purpose of accepting payments from Renter on behalf of the Rental Owner. Subject to full payment of all Rental Fees by Renter to Omni: (a) Omni is responsible for remitting the Rental Owner Fees to the Rental Owner in the manner described in this Rental Agreement; and (b) in the event that Omni does not remit any such amounts as described in this Rental Agreement, such Rental Owner will have recourse only against Omni.
- Rental Fees. Renter agrees to pay Omni the fees applicable to Renter’s booking of a rental of the Rented Belongings for the Rental Term (collectively, the “Rental Fees”) as follows: (i) the Daily Rate of each Rented Belonging multiplied by the Rental Term (partial days for delivery and pickup are charged at the full Daily Rate); (ii) all applicable taxes; (iii) pickup and drop-off fees at Omni’s current rates; and (iv) any applicable additional delivery/pickup fees and/or charges as described in Section 3.c and 4.a. As a general rule, Omni will collect the Rental Fees due once Omni confirms a Renter’s booking; if necessary (for example, pursuant to Section 4.a), Rental Fees may instead be collected at a later point.
- 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(e)(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.
- Pre-Delivery Inspection. Omni has inspected the Rented Belongings prior to delivering them to Renter. Renter hereby represents and warrants that Renter will examine the Rented Belongings before accepting them and acknowledges that, if the Rented Belongings are not in the condition as described by Omni’s inspection, Renter must fill out Omni’s standard form inspection form noting additional markings, damage or defects with the Rented Belongings, and such inspection form must be delivered to and countersigned by an authorized Omni agent.
- Pickup Inspection. Omni shall inspect the Rented Belongings upon pickup from Renter and Renter hereby agrees that any damage or defects not noted in accordance with Section 6(a) shall be Renter’s sole responsibility and may be charged to Renter’s payment instrument in accordance with Section 4. Any inability of Omni to charge Renter’s payment instrument does not derogate from Renter’s liability.
- Existing Damage or Defects. Renter and Rental Owner understand and agree that the Rented Belongings may have existing damage or defects (including latent defects) and that by performing any inspections of the Rented Belongings, Omni is not accepting liability or responsibility for any such existing damage or defects.
7. Cancellations; Early Returns.
Renters may cancel a booked rental of Rented Belongings prior to delivery of the Rented Belongings to the Renter Location. 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 Rented Belongings 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. Omni Shield.
Omni agrees to provide Rental Owners with a limited protection plan regarding their Rented Belongings, subject to certain conditions, as set forth in our Omni Shield Protection Plan at beomni.com/shield.
IN YOUR CAPACITY AS A RENTER, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CARE, CUSTODY AND RETURN OF ANY RENTED BELONGINGS, INCLUDING ANY LOSS OR DAMAGE THEREOF, IN ACCORDANCE WITH THIS RENTAL AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE RENTED BELONGINGS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
IN YOUR CAPACITY AS RENTAL OWNER, YOU UNDERSTAND AND AGREE THAT OMNI IS NOT RESPONSIBLE FOR THE ACTS OF THE RENTER, AND WITH THE EXCEPT OF COLLECTION OF THE RENTAL FEES AND ASSOCIATED SERVICES, EXCEPT AS SET FORTH IN THE OMNI SHIELD PROTECTION PLAN, ANY DAMAGE OR LOSS RESULTING THEREFROM, IS ENTIRELY BETWEEN YOU AND THE RENTER, AND OMNI SHALL HAVE NO LIABILITY THEREFOR.
10. 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.c) (fees), 4, 5 (fees), 6.a), 6.c), 9 and 10 shall survive any expiration or termination of this Rental Agreement.