Terms and Conditions
Welcome to Fire Island Baby Gear! By making a reservation through our website, you ("Customer" or "Renter") agree to the following Terms and Conditions, which govern your use of our services and rental equipment. Please read these carefully before completing your reservation.
1. Acceptance of Terms
By submitting a reservation, you agree to be bound by these Terms and Conditions, as well as the Agreement and Release of Liability Waiver, which will be provided for electronic signature prior to delivery of the equipment. Your acceptance of these Terms is required to complete your reservation.
Fire Island Baby Gear reserves the right to modify, update, or amend these Terms and Conditions at any time at its sole discretion. Any such changes shall become effective immediately upon posting to our website or delivery through another reasonable communication channel. Continued use of our services or equipment after such changes constitutes acceptance of the modified Terms and Conditions, which are binding upon you.
2. Rental Agreement
a. Equipment Condition
All equipment is inspected, cleaned, and maintained prior to delivery to ensure it is in good working condition. The Renter agrees to inspect the equipment upon receipt and notify Fire Island Baby Gear immediately of any defects or concerns. Failure to report issues constitutes acceptance of the equipment "as-is."
b. Proper Use
The Renter agrees to use all rented equipment only as intended and according to any instructions provided by Fire Island Baby Gear. Misuse, modification, or failure to follow instructions may result in injury or damage for which the Provider is not liable.
c. Responsibility for Damage or Loss
The Renter assumes full responsibility for the care, custody, and control of rented equipment during the rental period. The Renter agrees to reimburse Fire Island Baby Gear for repair costs or replacement value in the event of damage beyond normal wear-and-tear, loss, or theft.
In addition, any Customer who knowingly violates the reservation agreement, including but not limited to failing to return equipment at the agreed time, attempting to retain equipment beyond the rental period, or otherwise acting in bad faith, will automatically forfeit their security deposit in full. Fire Island Baby Gear further reserves the right to impose accumulating late fees for each day equipment is not returned. If delays or violations are deemed substantial, Fire Island Baby Gear may classify the situation as theft or loss, in which case the Customer shall be liable for costs determined solely at the discretion of Fire Island Baby Gear, including but not limited to full replacement value and associated administrative fees.
3. Payment Terms
a. Reservation Fees
Full payment is required at the time of reservation unless otherwise agreed in writing by Fire Island Baby Gear.
Any modifications to an existing reservation, including changes to dates, duration, or equipment type, are subject to approval by Fire Island Baby Gear and may result in adjustments to the total rental cost. Additional fees may apply, including administrative fees, change fees, or recalculated rental charges, which will be assessed at the sole discretion of Fire Island Baby Gear. The Customer agrees that such charges may be billed directly to the payment method on file.
The Customer acknowledges that forfeited security deposits, late fees, and charges assessed under Section 2(c) are in addition to the original reservation fees and may be charged directly to the payment method on file. Fire Island Baby Gear reserves the right to determine and assess such amounts at its sole discretion.
b. Cancellation and Modification Policy
Cancellations must be made at least 21 days prior to the scheduled delivery date for a full refund.
Cancellations made between 21 and 14 days prior to delivery will incur a fee equal to 25% of the total reservation amount.
Cancellations made between 14 days and 7 days prior to delivery will incur a fee equal to 50% of the total reservation amount.
Cancellations made within 7 days of the scheduled delivery date are non-refundable and will be charged in full.
No refunds will be issued for cancellations made on the day of delivery or for failure to accept delivery.
Reservation modifications are subject to approval and may be treated as cancellations if they reduce the scope or value of the original reservation. Change fees or adjusted rental charges may apply.
4. Liability Disclaimer
To the fullest extent permitted by New York law:
- Fire Island Baby Gear, its owners, employees, agents, successors, and assigns are not liable for injuries, damages, or losses arising from the use or misuse of rented equipment;
- The Customer agrees that Fire Island Baby Gear shall not be held responsible for incidental, consequential, or punitive damages under any circumstances;
- The Customer releases and waives all claims against Fire Island Baby Gear, except in cases of gross negligence or intentional misconduct.
5. Indemnification Clause
The Renter agrees to indemnify and hold harmless Fire Island Baby Gear, its owners, employees, agents, successors, and assigns from any claims, damages, losses, or expenses (including attorney's fees) arising out of:
- The use or misuse of rented equipment;
- Any injury or damage caused by third parties while using the equipment;
- Failure to comply with applicable laws or regulations regarding child safety.
6. Waiver Reference
The Customer acknowledges that they will receive an electronic copy of the Agreement and Release of Liability Waiver after completing their reservation. Signing this waiver is mandatory before delivery of equipment can occur.
7. Insurance Recommendation
The Customer is strongly encouraged to verify their homeowner’s insurance or travel insurance policy for coverage related to rented equipment during their stay.
8. Dispute Resolution
Any disputes arising out of these Terms shall be resolved through binding arbitration in accordance with New York law. Arbitration shall take place in Suffolk County, New York. Both parties waive their right to a jury trial.
Notwithstanding the foregoing, Fire Island Baby Gear reserves the right to pursue civil or criminal remedies in cases involving non-payment of charges assessed under Section 2(c) or 3(a), including classification of the Customer’s conduct as theft, fraud, or conversion under applicable New York law.
9. Governing Law
These Terms are governed by and construed in accordance with the laws of the State of New York.
10. Severability Clause
If any provision in these Terms is found invalid or unenforceable under New York law, all remaining provisions shall remain in full force and effect.
11. Agreement Confirmation
By clicking "I Agree" during checkout and submitting your reservation:
- You confirm that you have read and understood these Terms and Conditions;
- You agree to abide by them;
- You acknowledge that you will sign the accompanying waiver prior to delivery.
Contact Information
If you have any questions about these Terms and Conditions, please contact us at:
Email: [email protected]
Phone: (929) 387-0432