Airlugg, Inc. Rental Terms and Conditions of Use
These rental terms and conditions (the “Agreement”) constitute a legal agreement between you (“You” or “Your”) and Airlugg Inc. (“Airlugg Inc,” “we,” “us,” or “our”). This Agreement establishes the terms and conditions under which You will submit information to, rent luggage and accessories (each a “Product” and collectively, “Products”) and receive related services (“Services”) from us via our website at www.airlugg.com (the “Website”).
1. General; Rental Not Purchase; Adult Agreement Required.
2. Rental Fees; Credit Card Authorizations; Cancellations.
The rental fee (“Rental Fee”) for the Rental Products will be the rental fee and delivery charges listed on the Website in connection with Your rental of the Products. Upon Your order for a Rental Product, You hereby authorize us to charge Your credit card for the Rental Fee. We will charge Your credit card the amount of the Rental Fee when we ship the luggage to You. You will not be charged prior to the luggage shipping out. A reservation of a Product on our Website is an order for the rental of that Product, regardless of how far in advance that Rental Product is reserved. In addition, at the time of Your order of a Rental Product, You hereby authorize airlugg.com to charge Your credit card for the entire original retail value of that Rental Product (when new) set forth on the Website, plus applicable sales taxes (“Retail Value”); provided that we will only charge the Retail Value in the circumstances set forth in Section 4 below. Rental Fees exclude all federal, state and local taxes, GST, fees, customs, duties, levies and other governmental assessments, all of which shall be paid by You directly or, if paid by airlugg.com, shall be paid by You to airlugg.com in connection with Your order for the rental.
airlugg.com will cancel a reservation and its authorization and issue a refund minus a $5.00 processing charge if you email us (“email@example.com”) prior to a shipping email notification being sent to you. If airlugg.com has sent You a shipping email notification, a cancellation is not allowed and a refund will not be given.
3. Our Commitments to You.
- Delivery to You. We will deliver the Rental Products You ordered, including the specified size, color and design, on or before the date for which You ordered them, except to the extent we informed You in connection with Your order that the specific Rental Product was not guaranteed. Rental Products may appear different in color and style than the photos displayed on our Website. Our liability to You for failure to deliver the Rental Product as ordered is limited to the timely delivery of Rental Product as ordered or a refund of the Rental Fee (excluding insurance and delivery charges) as determined by us. See Section 5(b) below.
- Delivery; Clean and Ready to Wear. The shipping method used will be at the discretion of airlugg.com. The Rental Products will be cleaned and delivered ready to use. Use of the product is at your own risk and airlugg.com shall not be held liable for any health-related complaints associated with a product rented from our site.
- Return Packaging. With delivery of the Rental Product, we will provide You with a pre-paid, pre-addressed envelope as well as instructions for Your use in returning the Products such as Luggage to airlugg.com (“Return Packaging”).
- Services. On our Website, we offer various Services to assist You in selecting a Rental Product. Our Services are provided “AS IS” without guarantee as to results.
4. Your Commitments to Us; Payment of Retail Value.
- Receipt of the Rental Products. Upon delivery, You bear responsibility for the Rental Product(s). You acknowledge that a Secure Shipping Address (defined herein) is highly recommended. A Secure Shipping Address is defined as a location where an individual can physically receive Product(s). In the event that an unsecure shipping address is provided, airlugg.com does not bear liability for Products left unattended. Furthermore, You acknowledge that providing anything other than a Secure Shipping Address may result in delivery delays and additional delivery fees for which airlugg.com is not to be held liable, but You will be held liable.
- Use of the Rental Products. You agree to treat the Rental Products with great care, as if it was your own. You are responsible for loss, destruction or damage to the Rental Products due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. If You return a Rental Product that is damaged beyond normal wear and tear, then You agree that we shall charge You, and You shall pay for the price for repairing or replacing the Rental Product, as determined in our discretion, up to the Retail Value for the Rental Product.
- Return of the Rental Products; Extensions. You agree to return the Rental Products to airlugg.com in the Return Packaging on the date set forth on the Website in connection with Your order. You may extend Your order for a Rental Product on the Website or by phone to airlugg.com; provided that any extensions are subject to other orders for that Rental Product as determined by us and to pre-payment of the additional Rental Fee applicable to that Product for the period of time of the extension. Return of the Rental Product will be accomplished by You by placing the Rental Product in the Return Packaging and dropping it off at any FedEx store by 12 pm on the last day of the rental period. If You return the Rental Products late or not at all, a late fee of our regular rental prices will continue to run on the product until it is returned, and You agree to pay such additional fees, up to 150% of the Retail Value. If You lose the Return Packaging, You will be responsible for returning the item at your own expense by the expected return date, and providing airlugg.com with a tracking number. airlugg reserves the right to charge you the maximum amount allowed under these terms starting at 14 days after the rental is due back to airlugg.com if the item has not been shipped by you.
- Payment of Retail Value. We will not charge You for more than the Retail Value plus the Rental Value, in the aggregate, for any charges arising under this Section 4, excluding collection costs. If You pay us the full Retail Value under this Section 4 and You still possess the Rental Product, the Rental Product is Yours to keep, though on an “AS IS” basis without warranty of any kind. For the avoidance of doubt, the limitations of this clause shall not apply to the Rental Fee, which is charged separately from, and in addition to, any charges for the Retail Value pursuant to this Section 4. “Retail Value” is defined as the following: Golf Travel Bag: $200; Backpacking Bag: $150; Extended Trip Bag: $200; Weekend Trip Bag: $150; Waterproof Case: $100; Rooftop Cargo Bag: $250.
- Collections. If You do not pay the amounts You owe us when due, then we will need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable attorneys’ fees.
- Removal. We reserve the right to terminate your right to rent Products from us at any time in the event of Your breach of this Agreement or for any other reason in our discretion.
- Email. We will use the preferences and orders You provide on our Website to send You e-mails and other marketing materials for other Products. You may opt out of receiving those e-mails by emailing firstname.lastname@example.org or following the links provided at the bottom of those e-mails when available.
5. Details on Our Commitment to You.
- Limited Warranty. The limited warranties set forth in Section 3 apply only to You, may be acted upon only by You, and may not be assigned, sold or transferred to any third party. No warranties are granted other than as set forth in Section 3. Our warranty herein shall not apply to any matters arising from violation of Your commitments set forth in Section 4 of this Agreement.
- Remedies. Your sole and exclusive remedy and airlugg.com’s sole and exclusive liability for a breach of airlugg.com’s limited warranty shall be, at airlugg.com’s option, airlugg.com’s use of its commercially reasonable efforts to replace the non-conforming Product in a timely manner or a refund of Your Rental Fee (excluding insurance and delivery charges).
- Disclaimers. THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT) WITH RESPECT TO THE PRODUCTS, THE SERVICES RELATED THERETO OR THE USE OR RESULTS OF THE PRODUCTS OR SERVICES.
6. Limitation of Liability
- No Indirect Damages. IN NO EVENT SHALL AIRLUGG.COM (OR ITS SUPPLIERS OR LICENSORS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, MULTIPLE OR OTHER INDIRECT DAMAGES, OR FOR LOSS OF PROFITS OR LOSS OF USE DAMAGES, ARISING OUT OF THE PRODUCTS OR SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF AIRLUGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
- Limited Direct Damages. AIRLUGG.COM (AND ITS SUPPLIERS’ AND LICENSORS’) AGGREGATE LIABILITY ARISING OUT OF PRODUCTS AND SERVICES RELATED THERETO, WHETHER BASED UPON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED THE APPLICABLE RENTAL FEES PAID BY YOU FOR THE APPLICABLE PRODUCT AND/OR SERVICE.
- Use of Results at Your Risk. YOU ASSUME SOLE AND EXCLUSIVE RESPONSIBILITY AND LIABILITY FOR ANY CLAIMS AGAINST YOU AND/OR DAMAGES ARISING FROM USE OF THE PRODUCTS DURING YOUR RENTAL PERIOD.
This Agreement constitutes the entire agreement between You and airlugg.com with respect to the subject matter hereof and is the final, complete, and exclusive statement of the terms of the Agreement, superseding all prior written and oral agreements, understandings and undertakings with respect to the subject matter hereof. Modifications may be made only in writing by Airlugg.com. We reserve the right to terminate or amend this Agreement at any time for any or no reason, effective upon e-mail notice to You of such termination or amendment. The waiver of any term or condition or any breach thereof shall not affect any other term of condition of this Agreement. The Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of laws principles. You shall not assign this Agreement without airlugg.com’s prior written consent. Termination of this Agreement will not relieve You of any payment obligations hereunder. Sections 1, 2, 3, 4, 5, 6 and 7 shall survive termination of this Agreement according to their terms. If any provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of any authority having jurisdiction over this Agreement, the validity of the remaining portions or provisions hereof shall remain in full force and effect. Airlugg.com shall not be liable for failure to perform any of its obligations hereunder by reason that are beyond its reasonable control, including, without limitation, fire, earthquake, interruptions in supply, other natural disaster, war embargo, and/or riots or acts of terrorism.
We do not have any affiliation, connection, or association with any other luggage company or manufacturer, nor do we currently buy directly from any manufacturer. Our luggage is used as we rent it over and over again.