1. Terms Specific for Lenders
For purposes of this section, “you” means a Lender who has posted a Rental Listing on OTO. If you post a Rental Listing on OTO, you must either own or be lawfully allowed to rent out every item you offer. You further must possess all the intellectual property rights to the Content you post to the Rental Listings (other than OTO’s prefilled text and images), including any applicable image reproduction rights or publicity rights of depicted items or persons. By posting a Rental Listing, you agree to follow a few common sense rules:
- Be Honest. Disclose all fees in your Rental Listing, including any extra payments related to the Rental, such as delivery, maintenance, or other assistance as linked to the particular Gear listed. Ensure that any specific rental conditions are mentioned somewhere in the product description of the Rental Listing, and that your Rental Listings do not include any false or misleading price information. Don’t enter into any Rental with a price that you don’t intend to honor. Also, don’t change the price of a Rental once your offer price has already been accepted by a Borrower.
- Accurately Describe the Gear. You will ensure that all of your Rental Listings, regardless of whether they are posted by you or by OTO on your behalf, are accurate and give a full and honest description of the listed Gear. This includes, but is not limited to: the make and model of the Gear; the Gear’s year of manufacture; any physical, mechanical, or other defects in the Gear; and any other specifications of the Gear that a reasonable borrower would find pertinent. You represent and warrant to Borrowers that: (i) the Gear is in good working condition; and (ii) you have the right to license, sublicense, or assign any software included in the Gear, and covenants to maintain such rights for the duration of the Rental Period.
- Keep Any Gear that You Offer For Rental in Good Working Condition. You are responsible for maintaining and repairing the Gear you make available for Rental. Gear shall at all times be in good working condition prior to delivery to the Borrower. Your Rental Listings must describe any defects or limitations on usability, capability, condition, or capacity of any Gear (“Pre-Existing Damage”) to prevent any needless misunderstandings. Borrowers have the right to cancel a Rental due to any defect or limitation on functionality not listed in the Rental Listing.
- Wear and Tear. Normal “wear and tear” resulting from normal usage of the Gear during the Rental Period should be expected. By posting a Rental Listing, you acknowledge and understand that a Borrower, upon payment of the Rental Payment, is not liable to you for such normal wear and tear. Normal wear and tear may consist of minor cosmetic damage such as scuffing, nicks, abrasions, or scratches of non-functional surfaces. Normal wear and tear does not include, and Borrowers are fully responsible for, any damage: (i) resulting from “misuse of the Gear” or negligence; and (ii) relating to functional elements of the Gear (e.g., switches, buttons, and lenses). If you notice any damage beyond normal wear and tear on your Gear after the Rental Period, you must report it to the OTO team within 1 hour from the time such damaged Gear has been returned.
- Communicate. You will notify the Borrower if your Gear is damaged in any way prior to delivery and commencement of the Rental Period. As a Lender, you represent and warrant that: (i) the Gear is in good working condition, and (ii) that you have the right to license, sublicense, or assign any software included in the Gear. You covenant to maintain such rights for the duration of the Rental Period.
- Don’t Violate the Law or OTO. Please don’t offer any Gear that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party or under any applicable law. If you’re entering into a Rental with anyone under the age of 18, make sure you have parental consent.
2. Terms Specific for Borrowers
For purposes of this section, “you” means a Borrower renting Gear from a Lender.
If you enter into a Rental with a Lender, you agree to pay the Rental Payment for such Rental.
- Be Honest. You agree to disclose to the Lender and to OTO all intended use of the rented Gear, including, but not limited to, aerial and underwater filming, photographing, or recording.
- Take Care of the Lender’s Gear and Return the Gear as Promised. You agree to pick up the Gear from the Lender at the start of the Rental Period (“Start Date”) and to return the Gear to the Lender at the end of the Rental Period (“End Date”) in the condition in which it was initially received. Rental Listings on OTO enable you to choose your desired Start Date and End Date, which are then sent to the Lender for approval. The Rental Period will not be automatically extended if you do not pick up the Gear by the Start Date, although you and the Lender may shorten or extend the Rental Period by mutual consent. If you fail to return the Gear to Lender by the End Date, you agree to pay any late fees you’ve accrued (as further described below), including for partial days.
- Inspection. Prior to use of the Gear and upon return of the Gear, you should conduct a visual and functional inspection. Please take note of any Pre-Existing Damage, including but not limited to whether the Gear turns on, whether any screen fails to illuminate, and whether any glass, plastic, or metal elements are cracked, broken, or bent. You should document any Pre-Existing Damage to the Gear, with supporting photographs (if applicable). You may be permitted to cancel the Rental for that Gear in accordance with these Rental Terms if you find any damage to the Gear not listed in the Rental Listing prior to your Rental, or damage that renders the Gear non-functional; if you find such damage to the Gear in your initial inspection or in your subsequent usage, do not use the Gear and notify the OTO team immediately at email@example.com
- Damaged Gear. While we hope that you do your best to take care of any Gear that you rent, please keep in mind that, you will be solely liable for any harm or damage caused to a Lender or third party – including property damage to or theft of Gear – arising out of or in connection with your acts, omissions, or negligence in handling or other use of Gear rented via OTO outside of normal wear and tear resulting from normal use of the Gear. You will be fully responsible for: (i) damage resulting from “misuse of the Gear” or your negligence; and (ii) damage to the Gear’s functional elements sustained during your Rental, including, but not limited to, any damages caused to switches, buttons, screens, and lenses.
- Providing accurate information: As part of the verification process, all the borrowers are required to submit the necessary documents. You must ensure that the information provided is accurate and up to date.
- Don’t Use the Gear for Improper Purposes. You represent and warrant that the Gear will only be used for routine personal or business use and that you will not sublease the rented Gear to any third party. You also agree to comply with all applicable laws.
- Lenders Do Not Provide Warranties. Unless otherwise indicated, Lenders are not manufacturers of the Gear and make no warranty whatsoever with respect to the manufacture of the Gear, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Lenders who are not the manufacturer of the Gear do not make any representation, warranty, or covenant, express or implied, with respect to the condition, quality, durability, or suitability of the Gear.
- You recognize and acknowledge that Borrowers acquire no Lendership, title, property, right, equity, or interest in the Gear other than a leasehold interest solely as lessee subject to all the terms and conditions of this Agreement. Lenders have title to the Gear at all times.
4. Rental Late Policy
If you are a Lender and your Borrower is late returning your Gear, contact OTO as soon as possible.
If you are a Borrower and you need an extension on your Gear Rental, contact OTO before the end of rental period. We will get in touch with the lender and seek an extension. If the lender cannot grant an extension, you must return the Gear at the original agreed-upon time. In this scenario, contact OTO and we’ll help you find another option.
If you have any questions regarding these Rental Terms, please contact us at: firstname.lastname@example.org
Effective Date: 05th July 2019