Terms & Conditions

Rentalla Terms of Service

Last revised: December 13, 2013

Thank you for signing up with Rentalla. This document sets out contractual terms for your participation in the marketplace. The terms are legally binding on you, so it’s important that you read and understand them.

 

Below are the general terms that apply to all users of the Rentalla marketplace as well as those terms that apply specifically to owners and to renters. All of the terms stated in these Terms of Service, together with Rentalla Privacy Policy and the provided on the Rentalla site (the “ Rentalla Policies”) constitute the “Agreement” between you and Rentalla. Rentalla may change the terms of the Agreement from time to time.

 

As stated on the Rentalla site and in our mobile application(s), when you click the appropriate button to continue with your registration or activity, that action will constitute acceptance of the Agreement. If you have any questions for us concerning the Agreement or Rentalla generally, please contact us at support@cloud-equipment.com .

 

Thank you for your interest in Rentalla!

 

The Rentalla Team

 

 

Terms of Service

Last revised: May 1, 2014

 

  

General Terms

The following terms apply to each member (including equipment renters and equipment owners) of the Rentalla marketplace:

 

1. Registration and Verification. When you sign-up for various services offered by Rentalla, you will provide certain information about yourself (e.g. information concerning your equipment, your driving record, etc.). You promise to provide complete and accurate information to Rentalla. Rentalla will use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize Rentalla to request, receive, use and store such information for a reasonable period of time. Rentalla may accept or reject your registration application in its discretion for any reason.

 

2. On-going Information Updates. You promise to update the information you have provided to Rentalla in the event of any changes to your driving record or contact information. Specifically with respect to your contact information, Rentalla may deliver notices to you at the most recent email and billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account or receive mail at that address. Also, you are and will be solely responsible for all of the activity that occurs through your account, so please keep your password and account information secure. Rentalla may use and share your information as described in our privacy policy.

 

3. Incorporation of Additional Terms. Rentalla privacy policy provide additional terms of your use of the Rentalla marketplace (e.g. terms describing equipment use and payment requirements) that are legally binding and are hereby incorporated into this Agreement. In addition, Rentalla Privacy Policy will apply to all of the activities described in this Agreement and is hereby incorporated into this Agreement. Please review those policies carefully. If you have any questions concerning those policies, please contact us at Support@cloud-equipment.com .

 

4. Your Commitments. You agree that you will always use the marketplace in compliance with the terms of this Agreement and any other policies and standards provided to you by Rentalla. You promise Rentalla that you have the legal right to enter into this Agreement and to use the marketplace. You promise that your activities with Rentalla won’t violate anyone else’s rights. You also agree to comply with all applicable laws and regulations.

 

5. Protection. In addition to the terms set forth in Sections 16 and 25 below, during the applicable rental period (i.e., the scheduled start time of renter’s reservation through their return of the equipment), Rentalla will provide certain rental protection for the equipment if the user selects they wish to take part in the protection plan. You understand and agree that the renter is responsible for all refueling, damages and repair. The rental customer assumes all risks associated with the equipment during the Rental period, including injury and damage to persons, property and the equipment and that you are bound by the election and agree to be so bound. If the equipment does not operate properly, is not suitable for the renters intended us, doesn’t have operating and safety instructions or customer has any questions regarding use fo the equipment customer shall not use the equipment and shall contact the owner immediately. Misuse of equipment or using damaged equipment may result in seriously bodily injury or death. Total charges are an estimate and not the final amount that will be charged .

If you have questions about your own personal or company insurance policies, you should contact your insurance professional; if after reviewing these Terms of Service and FAQs, you or your insurance professional still have questions regarding the Rentalla protections, please contact us at Support@cloud-equipment.com  and we will connect you with our broker to explain how our protections operate.

 

6. Termination. You may discontinue your use of the Rentalla marketplace at any time and Rentalla may terminate your access to the Rentalla marketplace for any reason or no reason. Termination of access to the marketplace will not release either party from any obligations incurred prior to the termination and Rentalla may retain and continue to use for its own internal purposes any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations provided under this Agreement and all of those terms will survive any termination of this Agreement.

 

7. Disclaimer of Warranty and Limitation of Liability. This Agreement describes all of Rentalla’ obligations in the event of any loss or damage resulting from your participation in the marketplace. In order to disclaim warranties and to provide for certain limitations on our liability, we are required to provide the following information in this format:

 

RENTALLA PROVIDES A MARKETPLACE THAT ENABLES EQUIPMENT RENTAL SERVICES BETWEEN EQUIPMENT OWNERS AND EQUIPMENT RENTERS. RENTALLA DOES NOT PROVIDE EQUIPMENT RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS MARKETPLACE, THE EQUIPMENT MANUFACTURER OR ANY THIRD PARTY PROVIDER OF SERVICES (E.G. IN-UNIT GPS OR OTHER SYSTEMS). EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, RENTALLA HEREBY DISCLAIMS ANY WARRANTY OF ANY KIND WITH RESPECT TO THE EQUIPMENT AND OTHER PRODUCTS AND SERVICES PROVIDED BY OR THROUGH RENTALLA, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RENTALLA MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. USE OF THE SERVICE, AND ANY EQUIPMENT RENTED THROUGH THE MARKETPLACE, IS AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RENTALLA WILL CREATE ANY EXPRESS WARRANTY.

 

IN NO EVENT WILL RENTALLA BE LIABLE TO YOU FOR INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OTHER THAN RENTALLA’ EXPRESS INSURANCE AND REIMBURSEMENT OBLIGATIONS DESCRIBED IN THIS AGREEMENT, RELAYRIDES’ LIABILITY UNDER THIS AGREEMENT, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL IN NO EVENT EXCEED THE LESSER OF THE AMOUNTS PAID TO YOU UNDER THIS AGREEMENT OR $100.

 

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. THIS AGREEMENT SETS FORTH CERTAIN RIGHTS AND RESPONSIBILITIES. SOME STATES MAY PROVIDE YOU WITH OTHER SPECIFIC LEGAL RIGHTS. THE TERMS OF THIS SECTION WILL APPLY ONLY TO THE EXTENT ALLOWED BY APPLICABLE LAW.

 

8. No Agency. Rentalla does not intend to appoint you or any other member as its employee, legal agent or to form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Rentalla and Rentalla will not make commitments on your behalf, except as contemplated by the marketplace or expressly stated in this Agreement.

 

9. No License. The Rentalla marketplace contains copyrighted material, trademarks, and other proprietary information, all of which is individually and collectively protected by copyrights laws and other intellectual property laws in the United States and internationally. Except as part of the intended use of the Rentalla marketplace, you must not copy, distribute, make available, publicly perform, display or create any work based on such content, or exploit such content in any way, in whole or in part. Except for content provided by users through the Rentalla marketplace, all of the content presented through the Rentalla marketplace is owned by Rentalla and its licensors. All rights are hereby expressly reserved.

 

10. General. This Agreement states the entire understanding between you and Rentalla concerning your participation in the marketplace and supersedes any earlier verbal or written communications between us. You may not delegate your legal obligations or transfer any of your rights in whole or in part to any third party without advance written consent of the Rentalla. You will remain responsible for your obligations hereunder in any event. If any provision of this Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect. Any modification or waiver of any term of this Agreement must be agreed to in writing by Rentalla. Rentalla’ failure to exercise any right under this Agreement will not constitute a waiver of any other right Rentalla may have. This Agreement and any related claims or disputes will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws provisions. There is personal vehicle sharing legislation that may apply to you; more information is available in our FAQs.

 

Terms for Renters

The following Sections 11-17 apply if you rent a car using the Rentalla marketplace:

 

11. Information provided to Rentalla. As part of establishing and maintaining your status as an authorized renter through the Rentalla marketplace, you will need to provide certain information about yourself and your driving record. You understand and agree that you must meet the eligibility requirements at all times that you use a equipment through the marketplace; if, after initial approval, you later fail to meet the eligibility requirements (e.g., you have a subsequent driving violation that would make you ineligible), you are required to inform us of the change in status, and refrain from renting or using equipment via Rentalla. As stated in Section 1 above, you have authorized Rentalla to obtain your driving record and other applicable reports at any time, in order to verify that you meet the eligibility requirements of the marketplace. You understand and agree that Rentalla may periodically request additional verification of eligibility and proper verification of usage from you as a renter, and that if you fail to provide satisfactory evidence of your continued compliance with this Agreement, Rentalla may terminate your membership immediately. Rentalla may, subject to the terms of this Agreement and the Privacy Policy, retain and continue to use for its own internal purposes any information previously provided by you. All of your information will be held and treated in accordance with the Privacy Policy. To note, any failure to disclose equipment-related violations, accidents or other material information is grounds for immediate rejection or termination of your membership, effective as of such failure.

 

12. Fees and Losses. You are responsible for paying all fees when they come due in connection with your use of the marketplace. You authorize Rentalla to charge any payment cards on file in your account for all amounts due, including but not limited to, security deposits, processing fees, usage fees, fines/penalties, deductibles and damages, and you furthermore represent and warrant that you have the right to make this authorization. You will be responsible for payment of usage fees from the start of your rental period until the time you return the equipment. You will be responsible for all of the costs relating to any citations and fines (e.g. tolls, parking tickets, towing fines) incurred during the rental period (and after, if the equipment has not been parked in an authorized and legal parking area).

 

With regard to damage, losses, or other liabilities, you acknowledge that any personal insurance you have available to you (e.g., personal auto insurance, insurance from credit cards, etc.) will be the primary source of funds for your liabilities hereunder and the protection offered by Rentalla will not be available to you until your personal insurance has been exhausted. In addition, Rentalla protection may not be available to you in the event you breach your obligations under this Agreement (e.g. if you drive a vehicle while under the influence of drugs or alcohol or otherwise violate any of the Rentalla Policies). Subject to the coverage and protection available to you, you acknowledge that you are fully responsible for any damage, losses or other liabilities relating to your rental activities through the Rentalla marketplace. You agree that in the event damage is reported, Rentalla may immediately charge you up to the amount stipulated with the protection package that you selected when you booked the car. Nothing in this Agreement is intended to limit your responsibilities or Rentalla’ legal rights in connection with your use of the marketplace (or any vehicles rented through the marketplace).

 

You acknowledge that Rentalla may require and hold a deposit as part of the reservation of equipment, and that if a deposit is required, you will be affirmatively notified by Rentalla and have the option to make the deposit or cancel your reservation.

 

13. Use of the Car. When you rent a car through Rentalla, you may use the equipment only for your personal use and not for use by any other organization or person not directly involved with your company. You may not access the equipment until the beginning of your rental period and you must return the equipment on time and to the correct location. You must exercise reasonable care in your use of the equipment. In the event Rentalla has any concern about your use of a vehicle, Rentalla may terminate your reservation in its discretion at any time and require the return of the vehicle, including recovering the vehicle on behalf of the owner. You are required to wear all safety equipment available to safely operate the equipment during the operation of the equipment and to require that all of your employees to wear safety equipment as well. You are also required to meet any laws or regulations concerning safety and insurance and other protections for other working around the equipment.

 

The Rentalla policies section provides a list of prohibited uses of any equipment rented through the Rentalla marketplace. The list isn’t meant to be exhaustive. If you have any concerns about your planned use, please contact Rentalla customer service at support@cloud-equipment.com. You will be fully responsible for any claims, loss or damage related to your misuse of equipment. Renters also acknowledge that using a equipment in a prohibited manner may lower the renter's liability coverage to state minimum limits or nullify coverage, where allowed by applicable state law, and may furthermore nullify any comprehensive or collision protection.

 

14. Condition of the Equipment. You understand that, unless otherwise specifically noted, the cars offered though the Rentalla marketplace are owned by third parties and are not owned or maintained by Rentalla. Each owner is responsible for maintaining and repairing the equipment(s) they offer through the marketplace to a safe operating condition and is ultimately responsible for the condition of the Equipment at the beginning of the rental period. Please complete a visual inspection of any rented equipment before you begin your use of the equipment. If you find damage in your initial inspection, you must notify Rentalla immediately, to avoid any confusion about your role in the cause of the damage, or you may be held liable for any damage. As an alternative, you and the owner can jointly agree and document such agreement, with supporting photographs, of any pre-existing damage for which you as the renter should not be liable. If you find damage on your initial inspection and fail to report it, Rentalla may assume that the damage occurred during your rental period. If, after your initial inspection, you believe that the car is not safe enough to drive, please do not use the car; in that event, please contact the Rentalla team immediately at support@cloud-equipment.com .

 

15. Incident Reporting. You must immediately report any damage to the car you are using to Rentalla at support@cloud-equipment.com, and if there has been a collision, to the police as well. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Rentalla with a written description of the incident and any other information Rentalla may request, including identity and insurance information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Rentalla, our claims administrators, or insurers. After an incident, you may not continue to use the car unless you have the explicit permission of Rentalla staff. Failure to timely report an incident may reduce or invalidate protection purchased from Rentalla.

 

16. Insurance. In addition to the terms in Section 5 above:

 

You understand and agree that Rentalla will provide no insurance for the owner and that renters will not look to an owner’s policy for coverage in accordance with and all available state equipment sharing statutes. Owners and renters must acquire there own insurance for the equipment and for the equipment they rent via a insurance professional. We only seek to help provide deposits collected to cover insurance deductibles when a lose does occur.

 

You are fully responsible for paying any damages not covered by insurance, as well as insurance deductibles, fees, expenses, liens, and fines arising out of your use of a Rentalla car. If Rentalla advances any payment on your behalf, you will continue to be responsible for such amounts and will adhere to Rentalla’ schedule for re-payment of those amounts to Rentalla.

 

17. Waiver. Rentalla provides a marketplace to allow equipment owners and renters to connect in an easy and efficient way. Except as expressly provided in this Agreement, Rentalla and the applicable equipment owner do not intend to take liability with respect to your use of the Rentalla marketplace or the applicable equipment. AS SUCH, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST RENTALLA AND ITS RESPECTIVE DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “RENTALLA PARTIES”) AND THE EQUIPMENT OWNER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS MARKETPLACE INCLUDING, WITHOUT LIMITATION, A EQUIPMENT NOT BEING AVAILABLE WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OF YOUR EMPLOYEES OR SURROUNDING INDIVIDUALS AND, IN THE CASE OF THE RENTALLA PARTIES, ANY ACTIONS OR INACTION OF THE EQUIPMENT OWNER. YOUR WAIVER DOES NOT EXTEND TO ANY DAMAGES OR LOSSES RESULTING FROM ANY PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

 

IF YOU ARE A GEORGIA RESIDENT, YOU WAIVE GEORIGA CIVIL CODE, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

 

 

 

Terms for Renters Participating in Rentalla 

The following Sections AA-BB apply in addition to Sections 11-17 if you rent a equipment available through the Rentalla Rental Program:

 

AA. Incident Reporting. This Section GG applies in addition to Section 15. You are obligated to report (by e-mail to support@cloud-equipment.com) any and all damage caused by or to the equipment as soon as possible, and in no event later than 24 hours from occurrence. Failure to timely report an incident may reduce or invalidate protection purchased from Rentalla. If you cause any damage to the equipment during your rental, Rentalla reserves the right to terminate your rental. If there is damage which is conclusively determined by Rentalla not to be your fault, and the equipment is in safe and operating condition, you may be permitted to continue to use the rental.

 

BB. Fuel. This Section BB replaces the Rentalla Fuel Policy for rentals of equipment through the Rentalla rental program. If you return a equipment with less fuel than when you picked up the equipment, Rentalla reserves the right to charge the fuel fee as described in the Rental policies section to refuel the equipment to the level of fuel it had upon pickup.

 

 

Terms for Owners

The following Sections 18-26 apply if you rent out your car through the Rentalla marketplace:

 

18. Information Given at Registration. When you sign-up for Rentalla, you will identify particular equipment that you want to list for rent through the marketplace. Each piece of equipment must meet the requirements provided by Rentalla on the Rentalla site from time to time. You may only use the marketplace in connection with equipment that you own or otherwise have all the necessary rights and permissions to rent out.

 

19. Equipment Availability. Once you accept a reservation and it is booked, you are required to make the equipment available as expected by the renter. You must also include the location of the equipment on your profile page and ensure that the equipment is available at that location at the beginning of the rental period.

 

20. Rental Fees. You will have the ability to set and revise the vehicle’s rental rates as you choose. Rentalla will pay you the amount collected from those who rent your equipment, less the applicable fees payable to Rentalla, as well as any taxes or similar charges that Rentalla collects. You acknowledge that Rentalla’ fees may change from time to time. A current fee schedule can be found on our website. The fees that apply to you will be the same as posted on the Rentalla site at the time of the applicable rental. Rentalla will pay you all of the fees due to you within thirty (30) days of the end of the applicable month; provided that Rentalla may impose reasonable minimums for each payment. To the extent you owe Rentalla money for any reason, Rentalla also reserves the right to deduct those amounts from your payment. Please note that you are fully responsible for all taxes relating to or arising out of your activities under this Agreement. Rentalla will need certain information from you to ensure we can report income paid to you as required by law. Rentalla may withhold payments until we have received that information from you.

 

21. Maintenance. You are required to regularly check your equipment for any defects in its operations or safety and have your equipment inspected. You promise that, at all times, your equipment will be in safe and operable condition, in good mechanical condition, and in full compliance with all applicable state inspection and registration requirements. You agree to respond to any recall or similar safety notices and to complete any recommended action promptly. If Rentalla believes that your car does not conform to reasonable standards, Rentalla will notify you and reserves the right to refrain from listing your equipment on the marketplace until its concerns have been resolved.

 

22. Decals. Rentalla may, from time to time and at its expense, require that certain labels or other markings, be temporarily affixed to your equipment while you participate in the marketplace. Rentalla will provide instructions for removal of those labels or decals in connection with any termination of your participation in the marketplace.

 

23. Event Reporting. If you believe that a renter has caused any damage to your equipment, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the reservation) and to provide reasonable cooperation in our investigation of the damage. In any event, with each break in rental activity you need to inspect your equipment and report any damage that you believe was caused by a renter. Based on its investigation, Rentalla will reasonably determine whether the damage was caused in the course of the renter’s use of the car. If Rentalla is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in our investigation, we may not be able to determine the cause. 

24. Physical Damage. Subject to all of the terms of this Agreement, during each rental period, Rentalla will NOT bear the risk of theft, destruction or damage with respect to your equipment. In the event of a loss that is covered by this Agreement we will provide the deposit to provide your insurance company to pay the deductible to replace the item. 

Rentalla is not responsible for any personal property, including any after-market installations (e.g. equipment racks), that is taken from your equipment or damaged during a rental period. We recommend that you remove all personal property before making the equipment available for a reservation. In addition, you should expect normal wear and tear on your equipment, including minor scrapes and dings, in connection with your participation in the marketplace. To the extent allowed by applicable law, Rentalla will not reimburse you for normal wear and tear to your car. 

 

25. Other Insurance and Legal Matters. In addition to the terms provided in Section 5 above,

 

You agree to comply with any and all applicable laws and regulations, including registration and minimum insurance requirements for your equipment to protect it from total loss and damage. There is personal equipment sharing legislation that may apply to you; more information is available in our FAQ’s.

 

Rentalla may obtain insurance through a third party provider, or may choose to self-insure (meaning Rentalla takes on part or all of the insurance obligations itself, subject to all applicable laws and regulations). As part of your participation in the marketplace, you must maintain your own insurance policy and meet any minimum insurance levels required to protect the equipment from loss. You agree to provide Rentalla with information regarding your policy’s coverage as may be requested from time to time.  You must inform Rentalla promptly in the event information previously provided changes.