For the purposes of this Agreement, (a) an "Item" is any type of recreational adventure equipment,
such as a bicycle, snow skis, snowboard, surfboard, stand up paddle board, scooter, jetski, boat,
RV, etc. made available through the LibLob website and/or mobile application (the "Site"); (b) the
"Libber" is the person renting the Item and any other equipment using an account created on the Site),
and the "Lobber" is the owner or authorized agent for the Item made available for rent via the Site.
This Item rental agreement ("Agreement") is a binding agreement between Libber and Lobber. LibLob, LLC
("LibLob") is a party to this Agreement solely to the extent necessary to facilitate the rental transaction,
provide a guarantee or insurance, if applicable, and collect and pay any fees that may be owed hereunder,
and is otherwise a third-party beneficiary of this Agreement.
Lobber enters into this Agreement and allows Libber to rent and use the Item, along with any associated
equipment (the "Rental") only on the condition that Libber accepts all of the terms in this Agreement.
By entering into this Agreement to rent and use the Item, Libber acknowledges that
- he or she has read and understood this Agreement;
- he or she agrees to be bound by all of the terms of this Agreement;
- he or she is knowledgeable with respect to the type of equipment being rented and adjustments required for safe operation and use; and
- if Libber is not properly qualified with respect to bicycle, water or winter sports equipment, as applicable, Libber is hereby advised to seek assistance of a qualified technician with proper evaluation, adjustment and tuning of equipment.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE ITEM OR ANY OTHER EQUIPMENT.
This Agreement is effective on the date Libber agrees to the terms and conditions as provided herein ("Effective Date").
Libber and Lobber agree as follows:
1.1 Agreement to Rent. By accepting this Agreement, Lobber agrees to rent the Item to
Libber, and Libber agrees to rent the Item from Lobber, on the terms and subjects to the conditions set
forth herein, and for the period agreed via the Site (the "Rental Period").
1.2 Condition of Item By making the Item available for rent hereunder, and agreeing to
the terms of this Agreement, Lobber represents and warrants that (a) he or she is the sole owner of the
Item, or that he or she has full agency or other authority to enter into this Agreement and to rent the
Item to Libber; (b) the Item has been accurately described on the Site, including any known faults or
mechanical issues; (c) the Item is accurately depicted in up-to-date photos; (d) except as clearly set
forth on the Site, the Item is in proper working condition, has been professionally maintained, and contains
all functionality necessary for the Libber to attain his or expected use of the Item during the Rental Period,
other than adjustments necessary to properly fit the equipment to Libber's height, weight and skill level.
Unless expressly agreed, the Rental does not include additional equipment, such as lights, locks, helmets,
car racks, child seats, or GPS devices.
1.3 Refunds and Canellations. All Rentals are subject to our Cancellation Policy, which
is set forth as Exhibit A below. Please note that Rentals from business accounts, either directly using an
in-store kiosk, or via the Site, may also be subject the business' cancellation policy.
1.4 LibLob Guarantee. LibLob provides as a supplement to required renter's insurance a
limited guarantee to Lobbers for Rentals in Covered Countries (defined below) of up to $5,000 USD for all
non-motorized recreational equipment and $10,000 USD for all motorized recreational equipment, subject to
requirements set forth on the Site (the "LibLob Guarantee"). Lobber understands that the LibLob Guarantee
is limited to loss or damage to the Item during the scheduled Rental Period only, and does not cover ordinary
wear and tear, any repairs paid for by the Libber or the Lobber, any loss or damage occurring prior to or
after conclusion of the scheduled Rental Period, or any personal or bodily injury or damage to personal or
real property other than the Item. "Wear and Tear" includes all cosmetic damage, including scratches, which do
not materially impact the customary functionality of the Item. The LibLob Guarantee covers only damage that
compromises the normal and customary functionality or safety of the Item. Furthermore, the LibLob Guarantee
does not cover any other property damage, injuries, loss of use or incidental, special or punitive damages.
Lobber may only recover damages, not covered by this LibLob Guarantee, from a Libber pursuant to the terms
of this Agreement. The LibLob Guarantee does not cover Items that are stored outside and unsupervised, and
Lobbers are advised to notify all Libbers of this exclusion. Furthermore, Lobber acknowledges and agrees that
the LibLob Guarantee is only available if accurate and current photographs of the Item have been included with
the listing prior to the Rental Period, and only to the extent such photographs are sufficient to establish
the make, model, components and condition of the Item and any accessories (if applicable). All claims under
the LibLob Guarantee must be initiated by written notice from the Lobber to LibLob within twenty-four (24)
hours of return of the Item; late claims will not be honored. Therefore, LibLob strongly encourages all
Lobbers to examine their Items for safety and functionality as soon as possible following return. No exceptions
to the 24-hour rule will be honored. LibLob's time stamp, upon receipt of the written notice, will conclusively
determine the time of receipt. "Covered Countries" currently consist of the United States. The list of Covered
Countries is subject to change from time to time, and this Agreement will be updated to reflect any such changes.
All claims for damage must include photographic evidence of the claimed damage; however, LibLob reserves the option
to require a physical inspection, by its agent(s) or representative(s), prior to making any payment under the LibLob
Guarantee. In LibLob's sole discretion, if LibLob determines that damage to an Item is covered by the LibLob Guarantee,
LibLob may elect, by providing written notice to the Lobber, (a) to compel the Lobber to deliver the Item, at the
Lobber's sole cost (even if such delivery costs include shipping and handling) to a third party chosen by LibLob to
repair the Item and LibLob will pay such third party directly for the repairs authorized by LibLob only, or (b) pay the
Lobber an amount determined by LibLob to be reasonably sufficient to cover the Lobber's own costs of repair of the Item.
Any claim for a stolen Item must be accompanied by a copy of a valid police report, which has not been withdrawn, to be
considered. For all claims, Lobber may be required, in LibLob's sole discretion, to provide additional documentation,
such as purchase receipts for the Item and any components, maintenance records, and such other documents as LibLob may
request in its reasonable discretion.
If Lobber is entitled to coverage under the LibLob Guarantee for lost or stolen Items, or if the repair cost for the
damaged Item would exceed the replacement value of the Item based on the Item's depreciated value, LibLob may, in its
sole discretion, provide the Lobber with an Item that is of a similar make, model, year and wear and tear, and with similar
components and other aftermarket parts, as determined by LibLob in its reasonable discretion. LibLob shall be entitled
to any salvage value from an Item replaced by LibLob. By agreeing to the terms of this Agreement, a Lobber agrees to waive
any argument that the amount for repairs or the replacement Item are inadequate, unless LibLob exercises its discretion in
making such determination in a grossly-negligent or willfully wanton manner. If the Item or components are not reasonably
available at a price deemed reasonably by LibLob, LibLob may provide a different Item of equal quality and/or value.
The LibLob Guarantee only provides coverage for Items rented and paid through the LibLob platform. No coverage is
provided for third party property, personal injuries or other losses, which are the sole responsible of the Libber or
the Lobber, as applicable.
Nothing herein shall be construed as absolving the Libber of any liability for any damage to any Item. Section 2.5 of this
Agreement controls Libber's liability for damages to any Items. The LibLob Guarantee is solely for the benefit of the Lobber.
If a Lobber has a separate agreement with LibLob, the terms of the LibLob Guarantee will be superseded by such separate agreement
unless otherwise provided in the separate agreement.
1.5 Lobber Obligations. If there is damage to an Item during a Rental, the Lobber must notify LibLob within
twenty-four (24) hours of completion of the Rental Period or prior to any subsequent rental or other use, whichever occurs first.
If any damage is not reported during such period, then the damage shall be presumed to have occurred subsequent to the Rental.
Lobber shall be responsible for the cost of any diagnostic fees, estimates, tune-ups, adjustments, etc.
If Libber does not return an Item at the conclusion of the Rental Period, and does not agree within twenty-four (24) hours to
schedule a new return time, or does not return the Item at such rescheduled return time, then Lobber agrees to file a report with
the applicable police department and provide a copy of such report to LibLob. In filing the report, Lobber is required to notify
the police department of the LibLob Guarantee, and that LibLob may ultimately be subrogated to Lobber's right to recovery of the
Item. Lobber must also authorize the police department to discuss and provide any information regarding the case with LibLob.
2. LIBBER OBLIGATIONS
2.1 Usage. No other person may drive or otherwise operate the Item except Libber. Libber is prohibited from carrying
any passengers on the Item at any time (except on those Items originally manufactured for passenger use, or Items with integrated or
attached child seats). Libber may not add any kind of seat or modification to allow someone to ride on any portion of the Item not
originally manufactured for a passenger at any time. Libber is prohibited from pulling or towing any passenger or object with the
Item at any time (except for Item specific trailers, when authorized by the Lobber). For rentals of winter sports equipment, unless
expressly included in the Rental, Libber is responsible for provision of boots, poles, gloves, helmet, goggles and any other necessary
equipment. Libber is also responsible for making proper adjustments to the Item and associated equipment, if any, to match Libber's
height, weight and skill level. Libber is advised to seek professional assistance with these adjustments.
Without limiting the assumption of risk and waivers set forth in Section 3, Libber knowingly and voluntarily waives any claim it may
have against Lobber and LibLob with respect to the proper adjustment of bindings, boots, helmets, seat posts and other equipment.
Libber must follow all laws, rules and regulations, as well as posted signs and warnings. Libber should always be aware of road and
trail conditions, as well as weather and other environmental factors which may affect safe operation of the Item. Libber is responsible
for securing the Item at all times, including the use of theft prevention devices, where appropriate, and only storing the Item in an
enclosed area at night. Libber is also responsible for any injuries to themselves or other people, or damage to the Item or any other
property during the Rental Period.
The safety of accompanying passengers in any attached or provided equipment (not limited to, but including any child-related equipment)
is Libber's responsibility and Libber agrees to monitor the condition of the equipment and its passengers at all times. Libber also
acknowledges that, in many jurisdictions, helmets are required for minors under a certain age. Libber is responsible for being familiar
with and complying with such laws. Furthermore, certain Lobbers may require helmets for all Libbers and passengers; in such case, Libber
agrees to wear a protective helmet, and to cause authorized users and passengers to wear protective helmets, at all times while operating
2.2 Return. Libber agrees to return the Item to Lobber in the same condition as received, except for ordinary wear and tear
and ordinary adjustments meant to fit the Item to the user's height, weight and skill level, on the due date and time and at the location
specified by Lobber at time of rental. Libber understands that there will be additional charges if the Item is returned at a different time,
date, or location than indicated in this Agreement, including late charges and additional rental charges at no less than the daily or hourly
rate applicable to the Rental.
If Libber fails to return the Item at the agreed date, time and location, and has not agreed with Lobber or LibLob on an alternate delivery time
and location within 24 hours of the scheduled delivery time, or Libber fails to return the Item at the rescheduled time and place, then (a) LibLob
shall determine that Libber does not intend to return the Item; (b) LibLob will charge Libber's payment method for the full retail value of the
Item, along with any other fees due to LibLob; (c) LibLob or Lobber may lawfully repossess the Item; and (d) LibLob and Lobber may exercise any other
rights or remedies, and take any other necessary measures, to repossess the Item and/or collect the full amount owed by Libber hereunder.
2.3 Repossession. Lobber may repossess the Item at any time if: (a) the Item is used in violation of law; (b) it appears the Item is
abandoned, (c) the Item is used in violation of any term or condition in this Agreement, (d) Libber made a misrepresentation to Lobber or (e) Libber
fails to return the Item when due. Lobber is not required to notify Libber in advance of repossession.
2.4 Prohibited Use. Use of the Item is restricted to the general geographical area agreed upon by Libber and Lobber. Libber will not
operate the Item outside of this area and will not remove Item from this area. Libber agrees not to use or permit the Item to be used for hire or in
any location that operation would be illegal or a nuisance to others. Libber will not use or permit the Item to be used for an illegal purpose, including
the transportation of a controlled substance or contraband. A violation of this paragraph automatically terminates the rental and makes Libber liable to
Lobber for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this paragraph.
Items may not be stored outside overnight, with or without theft prevention devices. Items stored outside at night are not covered by the LibLob Guarantee.
Lobber may not approve overnight storage, and Libbers are advised that any approval or direction by Lobber will not relieve Libber of potential liability.
2.5 Damage to Item. Libber shall pay Lobber for all losses and/or damage to the Item, except for ordinary wear and tear that does not impact
the usability of the Item or significantly impact the resale value of the Item, regardless of fault (e.g. Libber agrees to pay for the loss or damage even though
someone else caused the damage or is at fault). The determination of whether damage impacts the usability or resale value of the Item shall be made by LibLob
in its sole discretion. Libber is also responsible for all theft or vandalism losses, even if Libber is not at fault for making the theft or vandalism possible,
and regardless of any measures Libber may have taken to secure or protect the Item, including any instructions or security devices provided by Lobber. If the Item
is damaged, Libber agrees to pay the reasonable costs of repair and diminution in value, if any. If the Item is damaged beyond reasonable repair (as determined by
Lobber), Libber shall be responsible for the retail fair market value of the Item, less any salvage value if applicable. In addition to the above, Libber shall also
be responsible for the reasonable down time ("Loss of Use") if the solution for the case takes more than 10 business days, reasonable administrative fee as determined
by Lobber or specified by law, plus any towing, pick-up and/or storage charges. In the event of theft, Libber shall be responsible for paying Loss of Use at the daily
rate for each 24 hours Libber delays in paying the total loss. Libber is also responsible for any loss if Libber: (a) abuses the Item or uses or operates the Item
other than as specified in this Agreement; (b) drives or uses the Item recklessly; (c) drives or uses the Item while under the influence of alcohol or a controlled
substance; (d) fails to promptly report an accident to the police and Lobber; (d) fails to complete an accident report; (e) obtains the Item through fraud or
misrepresentation; or (f) uses the Item for an illegal purpose. Libber authorizes Lobber to collect from a responsible third party any applicable loss and/or damage.
In the event Lobber obtains a recovery from a third party after Libber has paid Lobber for all or part of any loss, Lobber will refund to Libber any excess above the
amount of the loss plus administrative fees and other collection costs and attorneys' fees incurred.
2.6 Payment. Libber agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable
taxes, fees, and surcharges (if applicable), which may apply to the Rental, including, without limitation, charges for loss and/or damage to the Item. Libber specifically
agrees and authorizes LibLob to apply any charges to the method of payment used by Libber at the time of rental.
2.7 Booking and Payment. Libber authorizes LibLob to charge the amounts due as a result of the Booking Rental process to Libber's credit card. Charges for
upcoming rentals will be processed at the time of the booking to be used as a security deposit, which will be used towards the rental price upon satisfactory return of the
Item without damage or delay. LibLob is also authorized to make additional charges to Libber's credit card related to late return fees, Items that are lost, or Items that are
damaged during the Rental Period.
2.8 Repairs. . If Libber experiences any malfunctions with the Item during the Rental period, Libber should immediately notify LibLob and Lobber to obtain
authorization for repairs. Libber agrees that he or she will be responsible for any unauthorized repairs or modifications to the Item. Libber understands that Lobber will not
reimburse Libber for any authorized repairs without receipts. All repairs needed as a result of the use of the Item will be performed at prevailing labor rates in the area and
the cost of such repairs, including all parts, shall be paid by Libber. Lobber shall be responsible for returning the Item to its prior state due to adjustments necessary to
properly fit the equipment to Libber's height, weight and skill level. If a malfunction compromises the safety or usability of an Item during a Rental, the Libber should contact
the Lobber immediately and arrange for return of the Item to the Lobber. In such an event, the cost for any remaining days of the Rental would be refunded to the Libber.
2.9 Owenership. The Item, at all times, remains the exclusive property of Lobber. Libber is responsible for damage to or loss of Item. If the Item is lost, destroyed
or damaged beyond repair in the judgment of Lobber, Libber agrees to pay Lobber the value of Item.
3. RISK AND LIABILITY TERMS
3.1 Acknowledgement of Risks. Libber understands and acknowledge that the Item is provided "as is" and without warranties. Libber further understands and acknowledges
that outdoor recreational sports are hazardous activities that entail known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to
self, to property, or to third parties. Libber understands that such risks cannot be eliminated by Lobber without jeopardizing the essential qualities of this activity. The risks include,
without limitation, falling, collision with highway or roadway vehicles, striking obstructions or other person, unsafe speed of travel for conditions, equipment failure, and weather
conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
Libber understands that skis and snowboards typically contain boot binding systems that may not release or retain at all times, even where release or retention might prevent or minimize
injury, and that certain binding systems are not designed to release at all. Libber acknowledges all the risks of operating an Item on streets, roads, ski and snowboard trails, ungroomed
trails, bike paths, bike lanes, in traffic and any other environment where the Item might be used, including but not limited to the risks of serious bodily injury or death from falling off
the Item, colliding with other skiers, snowboarders, bicycles, motorcycles, motor vehicles or other objects, hitting potholes, trees, poles or lifts, or suffering sudden loss of control due
to unseen objects, damaging tires, brakes failing, binding failure or other mechanical failure, and hazards relating to terrain and weather conditions. Libber understands that protective
gear such as helmets, gloves, and life-vests are recommended, but they do not eliminate the risk and may not reduce the risk of injury in the event of an accident.
3.2 Assumption of Risk. LIBBER KNOWINGLY, INTELLIGENTLY AND VOLUNTARILY ASSUME ALL RISKS RELATED TO THE OPERATION AND POSSESSION OF THE ITEM, INCLUDING, WITHOUT LIMITATION
ANY BODILY INJURY OR DEATH TO ANY PERSON, OR PROPERTY DAMAGE TO ANY PROPERTY WHICH MAY RESULT FROM THE OPERATION OF THE ITEM OR POSSESSION OF THE ITEM EVEN IF SUCH LOSS OR DAMAGE IS DUE TO
ANY NEGLIGENCE OF LOBBER, LIBLOB, THEIR AGENTS, EMPLOYEES, OFFICERS, PARTNERS, MEMBERS, SUCCESSORS AND/OR ASSIGNS. DESPITE KNOWING ALL ASSOCIATED RISKS, LIBBER FREELY ASSUMES ALL RISKS OF
PERSONAL INJURY AND/OR DAMAGE IN THE OPERATION OF THIS ITEM AND LIBBER AGREES TO HOLD LOBBER AND LIBLOB HARMLESS FROM ALL CLAIMS OF INJURY OR DAMAGE.
3.3 Waiver and Release. In consideration of Lobber renting the Item, Libber specifically releases and forever discharges Lobber, LibLob, and their affiliates, officers, agents,
and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which Libber may suffer while renting this Item and participating in associated
activities. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Lobber, LibLob, or their affiliates,
officers, agents, or employees. It is the express intent of this Agreement that Libber release Lobber and LibLob and hold them harmless from all liability for any such property loss or damage,
personal injury or loss of life, whether caused by the negligence of Lobber or LibLob or whether based upon breach of contract, breach of warranty, or any other legal theory. In agreeing to this
Agreement, Libber fully recognizes that if injury, illness, death or damage occurs while engaged in renting this Item or participating in bicycling, winter sports, water-based sports or any other
activity associated with the Item, Libber will have no right to make a claim or file a lawsuit against Lobber, LibLob or their affiliates, officers, members, agents or employees, even if any of
them negligently cause any injury, illness, death or damage.
3.4 Indemnification. Libber agrees to indemnify and hold harmless Lobber and LibLob and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their
employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from,
related to, or in any way connected with, or resulting from Libber's participation in this activity or use of the Item, including the possession, use, operation, or return of the Item, and including
any such claims which allege negligent acts or omissions on the part of Lobber or LibLob. Should Lobber, LibLob or anyone acting on their behalf, be required to incur attorney's fees and costs to
enforce this agreement, Libber agrees to indemnify and hold them harmless for all such fees and costs.
4. THIRD PARTY CLAIMS
Neither Lobber not LibLob shall be responsible if Libber causes injury to another person or if Libber damages other recreational equipment or personal property of another. Libber agrees to protect,
defend, indemnify and hold Lobber and LibLob harmless and pay any claim, including attorney fees, brought by a third party arising out of Libber's use of the Item and for any liability associated
with any personal accident/injury as a result of Libber's use of the Item.
4.1 Insurance. Lobber certifies that he, she, or they have adequate and proper renter's insurance for item(s) being lobbed as required by local, state, and federal law.
Libber certifies that he or she has adequate insurance to cover any injury or damage Libber may cause or suffer while participating in the activity, or else Libber agrees to bear the costs of such
injury or damage. Libber understands and agrees that Lobber and/or LibLob may make a claim against any insurance coverage Libber maintains, whether liability, casualty, personal or health insurance,
in the event of any loss, injury, death or damage to person or property while using or operating the Item. Neither the maintenance of, or failure to maintain, adequate insurance shall relieve Libber
of any liability hereunder.
4.2 Physical Condition. Libber understands the he or she should be in good physical health to participate in outdoor recreational sports. Libber certifies that Libber has no medical or
physical conditions which could interfere with Libber's safety in this activity, or else Libber is willing to assume all liability, damages or costs that may be created, directly or indirectly, by any
5. GENERAL PROVISIONS
5.1 No Warrant. THE ITEM IS PROVIDED TO LIBBER ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ITEM IS PROVIDED WITHOUT WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, LOBBER DOES NOT WARRANT THAT THE
ITEM OR ANY RENTAL WILL MEET LIBBER'S REQUIREMENTS.
5.2 Libitation of Liability.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LOBBER OR LIBLOB, THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM ANY RENTAL OR THE USE OF,
OR INABILITY TO USE, THE ITEM.
(b) IF LOBBER OR LIBLOB, OR THEIR AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, OR SUPPLIERS ARE FOUND TO BE LIABLE, SUCH LIABILITY TO LIBBER OR TO ANY THIRD PARTY IS LIMITED TO THE
GREATER OF (A) THE TOTAL FEES PAID HEREUNDER AND (B) $100.
(c) THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF LIBLOB HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
5.3 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by either Lobber or Libber.
5.4 Third Party Beneficiary. LibLob shall be an intended third party beneficiary of this Agreement with the full rights to enforce the provisions relating to LibLob herein.
5.5 Governing Law. This Agreement shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The application of the United
Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any claim or dispute between Libber and Lobber that arises in whole or in part from the rental of the Item shall be
decided exclusively by a court of competent jurisdiction closest to Lobber's residence.
5.6 No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under
this Agreement shall not constitute a waiver of such right or provision.
5.7 Entire Agreement/Serverability. This Agreement shall constitute the entire agreement between Libber and Lobber concerning the rental of the Item. If a court of competent jurisdiction deems
any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The following Cancellation Policy applies to all Rentals through LibLob. For Rentals through businesses, additional conditions and policies may apply.
LibLob Cancellation Policy
(a) In the event a Rental is cancelled by Libber within four (4) hours after booking (other than for same day Rentals, which are subject to Section (d) below), then all funds shall be returned to Libber.
(b) In the event a Rental is cancelled by Libber at least five (5) days prior to commencement of the Rental Period and Section (a) above does not apply, then all funds shall be returned to Libber, less the
applicable LibLob fee.
(c) In the event a Rental is cancelled by Libber at least two (2) days but less than five (5) days prior to commencement of the Rental Period and Section (a) above does not apply, then 50% of the Rental
Fee shall be returned to the Libber. The Libber shall not receive any refund of the applicable LibLob fee.
(d) In the event a Rental is cancelled by Libber less than 48 hours before commencement of the Rental, the Libber shall not be eligible for any refunds.
(e) If upon delivery of the Item or, within the first twenty-four (24) hours of the Rental Period, Libber reasonably determines that the Item does not materially conform to the Lobber's description of the
Item, then Libber may notify LibLob of the deficiency and request a refund. Further, if Lobber does not deliver the Item at the place and time agreed, then Libber shall be entitled to a full refund (including LibLob fees),
but Lobber will be charged a $20 US administrative fee.
(f) If a Rental must be canceled during the Rental Period due to a mechanical failure, the Libber will be eligible for a full refund, if the cancellation takes place on the first day of the Rental Period.
Otherwise, any refunds shall be calculated on a pro rata basis based on the number of days elapsed compared to the total number of days in the Rental Period.
(g) Refunds shall only be granted after commencement of the Rental Period in extraordinary circumstances. Libber and Lobber may mutually agree to shorten a Rental Period after commencement, in which case
Libber would receive a partial refund; however the LibLob Fee charged to Lobber and Libber shall be calculated using the entire booked Rental Period.
(h) Lobber Cancellation Policy: Cancellations can have serious implications on a Libber's trip, therefore there are penalties that will be applied for a Lobber's cancellation. If a Lobber cancels any reservation
within 48 hours prior to pick up or delivery, the Lobber will be charged a fee of $20 US. In addition, if a Lobber cancels more than one reservation within a three-month period, the Lobber may be charged up to $10 US per cancellation.
Any cancellation fees will be automatically deducted from a Lobber's future payouts; if future payouts are insufficient to cover cancellation fees, then LibLob is authorized to charge Lobber's credit card on file, or take such other
actions to collect from Lobber as LibLob deems necessary or reasonable in its sole discretion.
(i) LibLob shall determine all refunds in its reasonable discretion. In the event either Lobber or Libber is not satisfied with LibLob's determination, their sole recourse shall be to seek payment or refund of fees from
the Libber or Lobber, as applicable.
(j) In the event of the failure of Lobber or Libber to appear for scheduled delivery of the Item, the parties may choose to reschedule the Rental Period rather than accept the penalties or refunds set forth above. In such
event the parties must arrange such rescheduled delivery through the Site, or otherwise notify LibLob as soon as practicable.
(k) Each party should be aware that Libbers and Lobbers are entitled to post reviews on the Site with respect to cancelled Rentals.