Terms and Conditions
The following terms and conditions apply to the rental of items or provision of services by LBI DreamMakers II LLC (the “Company,” “we,” “us” or “our”) to you. By submitting your order, you are expressing your agreement with, and consent to, all of these terms and conditions. Please print and save a copy of these terms and conditions for your records.
Orders and Payment
We recommend placing your order at the time you make your vacation reservations but no later than one week in advance of the anticipated date of arrival. For orders placed within one week of your arrival date, we encourage you to contact us by telephone to confirm availability. Orders placed within 24 hours of the anticipated delivery date must be made by telephone. Orders are subject to a minimum charge of $50. We also charge a delivery fee of $20 per order. We may elect to waive the minimum charge and delivery fee at our sole discretion. We reserve the right to reject any order at our sole discretion. If the wrong delivery address is given for an online order, it is subject to a redelivery fee.
Full payment of your order (including applicable delivery or other fees) must be made prior to the agreed upon delivery date of your order. Credit cards are verified at the time your order is placed and will be charged prior to order delivery. In some cases, we may accept personal checks or cash payments. Please contact us to make such arrangements. Personal checks must “clear” before your order is delivered. Orders for which full payment has not been received will not be delivered.
Deliveries
Unless otherwise agreed in advanced, the items and services ordered by you from the Company (collectively, the “Rental Items”) will be delivered or provided on the date of your arrival. We typically make deliveries between 9:00 AM and 6:00 PM on the scheduled delivery date.
Most Rental Items do not require you to be at the delivery location at the time of delivery. If you are not at the rental location at the time of delivery, we will leave your Rental Items outside the location in an appropriate place, which, in most cases, will be at an entrance to the premises or, in some cases, in the outside shower. If these locations are not feasible or appropriate in our judgment, we will leave a note or call you to let you know where your Rental Items are located. Some Rental Items require an adult to be present at the time of delivery, in which case delivery will be made at a mutually agreed upon time.
Upon delivery, please check the delivery contents to ensure that all of your Rental Items were delivered. Please promptly notify us of any missing, incomplete or damaged Rental Items.
While on Vacation
Do not discard any Rental Items. All Rental Items, (including colored delivery bags, cases and other coverings or containers) and labels must be returned to the Company upon check out (see “Check Out” below).
You are not required to wash linens or towels. However, if you choose to do so, please wash colors separately. Do not iron towels. For linens, wash using cold water on delicate cycle with a mild detergent and tumble dry on low heat. Do not wash bath towels or linens with beach towels. DO NOT USE BLEACH. If there is a stain, please either use Oxyclean or leave for us to resolve.
You are responsible for setting up Rental Items for use. The Company will not set-up equipment, including, without limitation, baby-related items. In most cases, we will, however, delivery and set up baby cribs for you after your arrival. Please follow all instructions for set-up and use of Rental Items. DO NOT DISASSEMBLE OR OTHERWISE ALTER OR MODIFY ANY RENTAL ITEMS.
Check Out
Rental Items must be available for pick-up no later than 9:00 AM on the date of check out. Prior to such time, please place the Rental Items back in the container(s) in which they were delivered and used linen items back into the colored delivery bags and place them outside the premises in the same location where your Rental Items were left upon delivery. If we delivered your Rental Items inside the premises or made a personal delivery, please leave the Rental Items outside the premises in an appropriate place, which, in most cases, will be at an entrance to the premises. If this is not feasible or appropriate in your judgment, please call us before 9:00 AM on the date of check out to coordinate the pick up of your Rental Items.
Please remove all sand, sunscreen or other debris from beach-related Rental Items and make sure such items are dry before return. Please return all baby-related Rental Items in sanitary condition and please remove all stains, food, liquids or other debris from such items before return. You will be charged a cleaning fee with respect to any Rental Items that are not returned in a reasonably clean or sanitary condition.
Loss/Damage
Rental Items must be returned in the same condition in which they were delivered with all accessories and parts intact and in proper working order, reasonable wear and tear excepted. You are responsible for the loss or theft of Rental Items. Damaged or unreturned Rental Items are subject to repair or replacement costs as set forth below. Linen and towel sets that are returned as incomplete or that contain items that are unusable are subject to replacement fees on a “per set” basis.
Cancellations and Changes
You may cancel all or any portion of your order up to a week before the date of delivery. Cancellations or changes made to your order within the week of delivery will be charged a $20 fee and cancellations made within 24 hours of delivery will be charged a $50 service fee.
Disclaimer of Liability; Indemnification
RENTAL ITEMS ARE PROVIDED IN “AS IS” CONDITION. YOU ARE RENTING THE RENTAL ITEMS AT YOUR OWN RISK. PLEASE CAREFULLY READ THE FOLLOWING.
You acknowledge that you are familiar with, and know how to operate, the Rental Items and that you are taking full responsibility for using the Rental Items. You are responsible for correct use of the Rental Items according to manufacturers’ instructions and guidelines. You accept and expressly assume all risks, dangers and hazards that may arise directly or indirectly out of or in connection with the use of the Rental Items, including risk of personal injury, loss of life and property damage. The Company is not responsible for accidents or injuries caused directly or indirectly from the use of the Rental Items.
You hereby, for yourself, your children, any of your other family members, your heirs, next of kin, executors, administrators, personal representatives, agents, successors and assigns and any others claiming through you or under any of the foregoing (the “Renter Parties”), agree to disclaim, waive and release the Company, its members, shareholders, officers, directors, employees, agents, representatives and any other persons or entities affiliated with the Company and, with respect to each of the foregoing, their respective heirs, next of kin, executors, administrators, personal representatives, agents, successors and assigns (the “Company Parties”), from any and all claims, demands, damages, liabilities, costs, actions, causes of action or suits of any kind or nature whatsoever, and particularly on account of any and all injuries, known and unknown, to person or to property or both, which result in any way from the use of the Rental Items. Without limiting the generality of the foregoing, the Company Parties shall not be liable for any personal injury, loss of life and/or other casualty to you, your children, any other Renter Parties or any other adults or children, or any damage to property arising out of or relating to the use of the Rental Items.
You represent and warrant that (i) each of the Rental Items is of a type, design, quality and acceptable to you and suitable for your purposes, (ii) you acknowledge that the Company is not the manufacturer or supplier of the Rental Items or the representative of either; (iii) you acknowledge that the Company is not required to enforce any manufacturer’s warranties on behalf of the Company or you, (iv) you acknowledge that the Company has not inspected and is not obliged to inspect the Rental Items, and (v) that the Company rents the Rental Items “As Is,” without warranty or representation either express or implied, and the Company expressly disclaims any warranty, express or implied, as to (a) the title, condition, fitness for use for a particular purpose, design, compliance with specifications, operation, or merchantability thereof, (b) the absence of latent or other defects, whether or not discernable, or (c) any other matter whatsoever, it being agreed that all such risks, as between the Company and you are to be borne by you.
You agree to indemnify and hold harmless the Company Parties from and against any and all costs or expenses (including attorneys’ fees), judgments, fines, losses, claims, damages, liabilities (including, without limitation, negligence, tort and strict liabilities), and amounts paid in settlement arising, directly or indirectly, from or in connection with the manufacture, selection, rental, purchase, delivery, possession, condition, use, operation, or handling of the Rental Items.
Disclaimer of Warranty
DISCLAIMER OF WARRANTY. ALL RENTAL ITEM(S) ARE RENTED WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Miscellaneous
Referrals: When placing an order from one of our recommended businesses, their rates and policies apply. Please make sure to refer to their terms and policies.
Void Where Prohibited: Not all Rental Items are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the provision of Rental Items or services to any person, geographic area, or jurisdiction we desire and to limit the quantities of any Rental Items or services we provide. Any offer for any Rental Items or service is void where prohibited.
Entire Agreement; Amendments; Construction: These Terms and Conditions constitute the entire agreement between you and the Company with respect to the Rental Items. These Terms and Conditions supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between you and the Company. No modification of the Terms and Conditions shall be effective unless it is authorized by the Company in writing. The Company reserves the right to revise these terms and conditions from time to time in its sole discretion. If any provision of the Terms and Conditions is found to be contrary to law, then such provision(s) shall be constructed in a manner to closely reflect, as much as possible, the intentions of the parties, with the other provisions remaining in full force and effect.
Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to conflicts of laws principles. You and the Company agree to submit to the jurisdiction of any state or federal court sitting in the State of New Jersey, in any action or proceeding arising out of or relating to this Terms and Conditions and the Rental Items and agrees that all claims in respect of the action or proceeding may be heard and determined in any such court. You agree that the venue (i.e., location) for any legal action shall be located within Ocean County, New Jersey.