Equipment Rental Terms and Conditions

The following are the terms and conditions that apply to the rental of electronic equipment, including GPS units, mobile phones, voltage converters, electrical plug adapters, flip video cameras and iPods (“Equipment”) from Lewis Tours Worldwide, LLC dba Tenon Tours (“LTW/TT”). Please read these terms and conditions carefully before placing your order with us. We or us represents LTW/TT; you or your refers to the renter / customer (“Customer”).

1. RESERVATION REQUIREMENTS

The availability of Equipment is limited and not guaranteed. Your order should be placed as far in advance possible from your Start Date to secure your reservation. If equipment has been reserved and paid for, but is unavailable at the estimated time of delivery, a LTW/TT agent will notify you and a refund for the entire amount charged for the rental will be issued.

2. RENTAL PERIOD

The Customer agrees to pay the daily or weekly rental rate for the duration of the rental period, as agreed to and listed on the customer invoice, including any and all shipping costs and/or taxes. Rental period will vary from customer to customer, based on the individual’s need. The rental period will begin on the designated date of arrival or start date of your tour, and will end on the return date or last day of your tour, as indicated on your invoice included with the delivery of your Equipment.

3. DELIVERY OF EQUIPMENT

3.1 LTW/TT will deliver the Equipment at its own risk to the Customer at the address designated by the Customer.
3.2 LTW/TT will use reasonable efforts to deliver the Equipment by the requested Delivery Time but it shall not incur any liability to the Customer in the event of any delay caused by force majeure or other circumstances beyond its control.
3.3 The Customer will accept the Equipment when delivered on or before the Delivery Time and if for any reason the Customer fails to accept the Equipment when delivered on or before such date the Customer shall nevertheless be liable for the stated Rental Charge in full.

4. DUE DATE

The Due Date is the date that you must send the Equipment back to LTW/TT to prevent accrued late fees, as indicated on your travel documents and invoice. You must return the Equipment in the same proper working condition as received and all accessories and documents must be included. Safely pack the contents back into the provided box, seal the box, attach the return shipping label in the same box that we provided you when the unit was delivered to you, and drop it off at an authorized shipping center. It is essential to get a receipt stating the drop off at the authorized shipping center for proof of delivery.

5. LATE FEE CHARGES

Failure to deliver the Equipment for return shipment by your required Due Date will result in a late fee charge equal to the daily rental rate, as indicated on your invoice, for each day the Equipment is late. The maximum amount of late fee charges shall not exceed the security deposit for each type of equipment.

6. SECURITY DEPOSIT

A security deposit will be charged to your credit card upon delivery of the Equipment, as listed below:
• GPS Unit & Accessories: $205 per rental
• Mobile Phone & Accessories: $140 per rental
This charge is to cover LTW/TT against loss, damages or theft to our Equipment. Customer is responsible to inspect units and accessories upon arrival, if items are missing or unit is defective customer must contact LTW/TT immediately. If Equipment is returned on time and in the same condition as it was received, including all accessories, the security deposit will be credited back to the same credit card within five (5) business days, although it may take 7-10 business days to post to your account. If the Equipment is returned late, the appropriate fees will be deducted from the amount due. In the event that the unit is not returned, is damaged, or any of the accessories are missing, the appropriate deposit will be retained by LTW/TT.

7. CANCELLATIONS

In the event you would like to cancel your reservation, you may do so without penalty as long as it is not less than 14 days from your desired rental date. If cancellation occurs less than 14 days, but more than 4 business days from your desired rental date, there will be a $25 cancellation fee assessed to your card. You may not cancel your reservation within 4 days of your start date and no refunds will be issued.

8. DAMAGES

Our rental rate assumes normal wear and tear, which may occur with rental use. However, scratches, cracks, dents or missing parts that are noticed upon return will result in charges against your security deposit. DO NOT use pens or any sharp objects on touch screen as they will cause damage to the unit and renter will be required to pay for damages.

9. LOSS/THEFT/NON-RETURN

You are 100% responsible for the rental Equipment at all times between the time of delivery to you and return to our facility. We do not provide any insurance against loss or theft once the unit has been confirmed that it was delivered to your address. If any of the rental equipment, including accessories, are lost, stolen, or not returned, you will be charged the appropriate amount for each unreturned item for the replacement costs specified below (listed in $USD):

GPS Navigation (max $205.00)
Main Unit: $150.00 Car Adapter/Charger: $25.00 Cradle: $10.00 Suction Cup: $15.00 Quick-Start Guide: $5.00

Mobile Phones (max $140.00)
Phone: $75.00 Battery: $10.00 SIM Card: $15.00 Wall Charger: $15.00 US Plug Adapter: $10.00 Instruction Manual: $5.00

UK/Ireland Plug Adapter: $10.00

10. USE OF EQUIPMENT:

10.1 Upon delivery to the Customer, LTW/TT will provide an instruction leaflet on the use of the Equipment if available.
10.2 The Customer will use the Equipment in a careful and proper manner and in accordance with the instructions and in no other manner.
10.3 The Customer agrees that he/she will not:
10.3.1 effect any repairs or modifications to the Equipment;
10.3.2 remove or interfere with any certification markers affixed to the Equipment;
10.3.3 deface or add to the Equipment;
10.3.4 sublet or allow the use of the Equipment by any third party; or
10.3.5 attempt to dispose of the Equipment or to grant any interest in the Equipment to any third party.

11. REPAIRS

11.1 If the Equipment is not in working order when delivered or subsequently malfunctions then the Customer will notify LTW/TT immediately.
11.2 LTW/TT will repair or replace the Equipment as soon as possible after it has been notified of the problem by the Customer and, provided the Customer is not in breach of the Rental Agreement, LTW/TT will provide the Customer with the same or similar equipment (which shall constitute Equipment for purposes of this Agreement) as soon as possible for a period equivalent to the part of the Rental Period unexpired when the malfunction occurred. If LTW/TT is unable to replace the Equipment, a refund will be issued for the unused days.
11.3 If LTW/TT finds that Equipment reported as faulty is in working order then the Customer will pay the cost of collection and delivery of the replacement Equipment.

12. LIABILITY

12.1 LTW/TT warrants that the Equipment will be in working order when it is delivered to the Customer but cannot be responsible for the performance of the Equipment, coverage area, or the operation of the satellites it may be connected to, it being acknowledged by the Customer that Services may be temporarily interrupted, delayed or otherwise limited due to a variety of causes, including without limitation transmission limitations and by atmospheric and other conditions, system capacity limitations and system and equipment failure.
12.2 LTW/TT MAKES NO OTHER WARRANTIES, GUARANTEES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABILITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE EQUIPMENT OR SERVICES FURNISHED UNDER THIS AGREEMENT.
LTW/TT WILL IN NO EVENT BE RESPONSIBLE NOR SHALL THE CUSTOMER MAKE ANY CLAIM AGAINST LTW/TT FOR ANY LIABILITY, CLAIM, LOSS, INJURY, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE EQUIPMENT OR THE FAILURE OF THE EQUIPMENT TO OPERATE CORRECTLY OR AT ALL OR DELAY, FAULTINESS (SUCH AS DEGRADATION OF SERVICE) OR FAILURE OF THE SERVICES.
12.3 The Customer shall be liable to LTW/TT for all expenses, including reasonable attorneys fees, collection fees and court costs incurred in connection with any collection, repossession or other action brought to enforce LTW/TTs rights under this Agreement.

13. SHIPPING

LTW/TT may use any shipping supplier and method at their discretion for shipping rental units to our customers, so long as the shipment will arrive prior to your departure and can be tracked and delivery confirmed. No deliveries will be made on Sundays unless absolutely necessary. The customer agrees to pay for the shipping to your location and also pre-pay for shipping the rental unit back to us. A prepaid return shipping label will be included in the box along with the Equipment that is delivered to you. You may use the same box to pack and return the Equipment back to us. After inspecting the Equipment for proper operation, simply reseal the box, attach the label, and drop off the unit at an authorized shipping center. It is essential that you obtain a receipt providing proof of drop off from the shipping supplier for your records. Refused deliveries will be considered as a completed rental transaction. You, the renter, will be required to pay for the full rental fee as agreed upon through LTW/TT and you must agree to forfeit the right to dispute the charges. While we use guaranteed delivery to ensure our rental units arrive prior to your departure, we cannot control the weather or natural disasters. There is always a possibility of shipping delays with any shipping supplier from unexpected weather conditions, earthquakes, etc., which neither the shipping supplier nor LTW/TT can be held responsible for. If the Equipment is not delivered on time as agreed by us, you have the right to ship the unit back to us immediately and we will not charge you for the rental agreement cost.

14. USER’S LIABILITY – GPS:

You must recognize that using a GPS system while driving could cause you to have an accident. Understanding this, we recommend that you stop your vehicle whenever you are programming your rental GPS unit and not to use the system input while you are driving. However, an alternative solution to this would be to have a passenger input the information. We are not responsible for any accidents that may arise from your activity or use of our GPS unit, and you hereby agree to exonerate us from any claims, charges or costs arising from your use of our GPS system or any related activities. While we will provide you a GPS navigational system as described in our product descriptions, we do not guarantee or warrant the unit for any specific performance or purpose other than as it is described. If the GPS system malfunctions or otherwise fails to perform its described functions, our maximum liability to you is the rental value that you paid for the item.

15. USER RESPONSIBILITY – MOBILE PHONES:

Mobile phones will be issued with a SIM card, which includes a local Ireland phone number, and a minimum 5 EUR credit to be used towards usage/minutes. It is the customer’s responsibility to purchase additional credit as needed during the rental period. LTW/TT will not refund for any unused credit.

16. APPLICABLE LAW

This Agreement shall be governed by the laws of the State of Massachusetts. In addition, this Agreement is subject to applicable foreign, federal and state laws and tariffs.

17. GENERAL

17.1 The headings in this Agreement are for convenience of reference only and shall not affect the meaning or construction of the terms and conditions contained herein.
17.2 No waiver by LTW/TT of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same or any other provision hereof.
17.3 This Agreement cannot be assigned or transferred by the Customer, nor can this Agreement be modified (or any provision waived or modified) except by written instrument signed by LTW/TT or its authorized agent. This Agreement constitutes the entire agreement between LTW/TT and the Customer; there are no other representations, conditions, warranties, guarantees, or collateral agreements, express or implied, statutory or otherwise, concerning the use or rental of the Equipment, other than as set forth herein.
17.4 Customer must agree to the terms contained herein through by accepting and digitally signing the agreement through Echosign, a third-party online company.