Terms + Conditions
THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THIS CUSTOMER - TERMS OF SERVICE PRIOR TO SIGNING UP AND USING OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.
General Definitions
If you have any questions or comments regarding these Terms, please feel free to contact us by email at hello@travelbreasy.com or via text at 503.804.5353.
This agreement is between you, herein referred to as the “Client” and we herein referred to as “Travel Breasy” located in Portland, Oregon, 97202, for the rental of baby and toddler equipment and associated services.
The Client recognizes the baby equipment rented from Travel Breasy shall be used for personal use only. It is strictly prohibited to lend or to sublet material to third parties.
By signing and accepting the terms and conditions of this rental agreement the Client acknowledges that they have read, understood and agreed to the terms stated below.
Transactions
Reservation & Payment
You can make a reservation via https://www.travelbreasy.com/ and/or text. The reservation should be made at least 48 hours before the start of the rental period. Once the reservation is made, Travel Breasy will send a confirmation email detailing the order and the rental terms and conditions.
Payment has to be done at the time of making the reservation. In the event the initial rental period is extended, the additional amount shall be paid at the time of the request extending the rental period..
If the client fails to pay, Travel Breasy reserves the right to render the rental agreement void and will not leave the rental baby equipment or fulfill personal request.
The renting of equipment is subject to availability. The equipment and/or services on the website are not contractual, and there may be slight variations in color or models that will not affect the quality of the equipment nor the contract.
Deposit
A refundable deposit is charged depending on the item or services that are rented. The deposit must be paid upon receipt of the equipment and will be refunded to you when the equipment is returned in good condition and on the agreed-upon time and/or services rendered.
The deposit will be returned to you in full provided the equipment is returned to us on the last day of hire in the same condition as you received it, normal wear and tear excepted. If the equipment is returned to us late, we shall be entitled to retain the deposit until the equipment has been returned to us.
If an item (or parts of an item) is/are lost or damaged up to the point that it affects its normal use or function, you are responsible to bear either the cost of repair or replacement, whichever is cheaper.
If the cost of repair or replacement is higher than the deposit, client will pay the difference as detailed under Section 2 “Reservation and Payment.”
Sales of Products
You have the option to purchase Products that have been rented. The purchase price for such products will be equal to the purchase fee, applicable taxes and shipping and delivery charges listed on the Service for the applicable equipment at the time of purchase. Travel Breasy, at its discretion and without notice, reserves the right to alter the price of a Product, the amount or availability of any discount, or the availability of any particular item. You authorize us (or our third-party payment processor) to charge your payment method the Purchase Price when you purchase Products and we will charge your Payment Method the amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any Product that you purchase, and such Product is provided on an “AS IS” basis.
Cancellation By Client
In order to cancel the reservation, a written cancellation notice must be received via email hello@travelbreasy.com or via text to 310.386.4451.
To avoid a penalty of 50% of the rental price, any cancellations must be received 3 days in advance.
The reservation can’t be canceled once the rental period has started, unless otherwise agreed by both parties.
If the items are being returned before the pre agreed return date, no credit will be given for unused days.
Cancellation By Travel Breasy
Once a reservation is confirmed, we reserve the right to refuse or cancel the reservation at any time before services are rendered or delivered in the event the equipment becomes unavailable (due to insufficient stock) or that we can’t provide them on the dates at the times reserved. e.g., force majeure, illness, accident or other reasons for unavailability, etc.), failure of payment before the delivery date.
Once you have been notified by us that we are canceling your reservation in accordance with the above terms and conditions, any sum debited to us will be re-credited to your account as soon as possible and in any event within 30 days of the cancellation of the contract between us.
Equipment & Product
Delivery & Return of Equipment
The rental period starts on the date on which the client has received the items. The items will be delivered in good condition (see FAQs) and with proper packaging and user/ instruction manuals. Upon receipt of the equipment you will check the items to ensure everything is in good working order, not damaged and that they correspond with the items you ordered. If this is not the case, you must contact us immediately and we will try our best to substitute the items within 24 hours. If we can’t substitute the items, we have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the items in question.
Receipt is complete at equipment drop off. Upon receipt of the equipment, unless notification is provided within 24 hours, it is assumed that the equipment has been delivered in proper working order and it must be returned in the same condition normal wear and tear excepted. Examples where items are considered excessively dirty include but not limited to is when they are returned with stuck-on chewing gum, crayon markings, paint, arts and crafts glue, markers, pen ink, dried food and beverage, vomit, potty accidents, deep scratches, missing parts.
If Travel Breasy services are not included with the rented equipment, you are responsible for the assemblage of the equipment where needed. We will provide instruction/ user manuals for your reference.
If the pick-up address is different from the delivery address the client must inform us at least 48 hours in advance.
The agreed delivery time is not contractual, and we reserve the right to change it any time in case necessary or in case of force majeure. If the client is not available at the agreed date and time, we will try and contact you to set up a new delivery appointment. In this case we reserve the right to charge extra delivery fees. If we can’t reach you on the pre agreed delivery day to set up another delivery appointment, we reserve the right to cancel the contract and rent out the equipment to other parties.
In case of events out of our control and cases of force majeure (strikes, storms, delays in delivery by other client, etc.) Travel Breasy may be obliged to delay or cancel delivery, in which case it cannot be held liable for any direct or indirect consequential loss damage or expenses (including loss of profits, business or good will) or their direct or indirect consequences. We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the equipment in question.
All equipment used by babies and children must be used under supervision of an adult at all times.
Use & Misuse of Baby Gear
The rented equipment may come with special instructions, which can either be found on any document(s) provided to you or on the Website of the company that manufactured the specific equipment you are renting. Customer is solely responsible for reading and following the instructions as detailed by the company that manufactured the specific equipment you are renting.
Customer is solely responsible for following the instructions with respect to installation, use, and maintenance of the equipment. Customer is solely responsible for all use or misuse of the equipment.
In the event of an injury, damage, or otherwise, Customer agrees to accept full responsibility for the injury or damage and shall not hold Travel Breasy liable for any claims, actions, losses, damages, or similar arising from Customer’s use or misuse of the equipment. In no event will Travel Breasy, its owners, employees, or agents be held liable for any damage, loss, or injury (including death) caused by or arising out of the use of the equipment, or the failure of the equipment to function as intended.
Customer assumes any and all risks, both known and unknown, related to use of the equipment, and enters into these Terms with full knowledge that there is risk using equipment with babies or small children. Use of equipment is at your own risk and without representations or guaranteed by Travel Breasy.
BY RENTING EQUIPMENT ON OUR WEBSITE, YOU HEREBY EXPLICITLY UNDERSTAND AND AGREE THAT IF YOU OR CHILD ARE INJURED WHILE USING THE EQUIPMENT, THIS DISPUTE SHALL IN NO WAY INVOLVE TRAVEL BREASY WHO IS A PROVIDER OF THE MARKETPLACE AND DOES NOT REPRESENT OR WARRANT ANYTHING WITH RESPECT TO THE EQUIPMENT WHICH IS MANUFACTURED BY A THIRD-PARTY, OWNED BY A THIRD-PARTY, AND MAINTAINED BY A THIRD-PARTY. YOU HEREBY RELEASE TRAVEL BREASY AND ITS OWNERS, AGENTS, PARENTS, SUBSIDIARIES, EMPLOYEES, AND AGENTS FROM ALL DAMAGES, ACTIONS, DEMANDS, LIABILITIES, OR SIMILAR, KNOWN OR UNKNOWN, ARISING OUT OF OR CONNECTED TO YOUR USE AND OR RENTAL OF EQUIPMENT.
Limitation Of Liability
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT TRAVEL BREASY RECEIVED IN CONNECTION WITH YOUR SERVICES.
YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, YOU ARE NOT REQUIRED TO CONTINUE TO USE OUR SERVICES. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
Third Party Websites
Our Website may contain links to third-party websites or services that are not owned or controlled by us. Travel Breasy has no control over, and assumes no responsibility for, the content, privacy policies, or business practices of any third-party companies or persons. We strongly encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
You understand that Travel Breasy may use licensed materials or content on our Website and that there is no agency relationship between Travel Breasy and any of these third-party persons or entities, all of whom are separate from Travel Breasy.
By using our Website, you expressly waive Travel Breasy, our employees, agents, owners, and principals from all liability arising from your use of any content, plans, or services provided by third-parties.
YOU AGREE THAT TRAVEL BREASY WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY CONTENT OF ANY KIND OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OF ALL CONTENT PROVIDED BY A THIRD-PARTY.
General Provisions
Entire Agreement. These Terms contains the entire agreement between you and Travel Breasy except for any specific information found on our Website or via text.
Waiver. The failure by Travel Breasy to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Travel Breasy prior written consent.
Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Travel Breasy.
Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of Oregon. Any dispute arising from this Agreement shall be subject to binding arbitration in Sacramento, California. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Travel Breasy and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located. Should either party forego arbitration, that party shall be barred from recovering their attorneys’ fees or costs.
Class Action Waiver. To the extent permitted by applicable law, you and Travel Breasy agree that any dispute arising out of these Terms or the Services provided by Travel Breasy is personal to you and Travel Breasy and that any disputes, if any, will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of similar proceeding.
Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Updates. We recommend that you check the Terms periodically for updates.