Whitestone Getaway Rental Policies and Agreement

This document is divided into two parts. The first part, Rental Policies, is our explanation in everyday language of what we agree to and what your responsibility is when renting gear from Whitestone Getaway. The second part, Rental Agreement, is legal stuff required by our company. If you have any questions about any of this, please email us at support@whitestonegetaway.com

Thank you and we hope you have a great outdoor adventure!

Rental Policies

Whitestone Getaway sales and rentals are subject to the following terms and conditions. We keep things straightforward and easy for you. Rental gear is also subject to the Whitestone Getaway, LLC Rental Agreement which is in this document immediately following the Rental Policies.

Start Date
Your start date is the day you need your equipment. We will ship your gear so it arrives the day before your start date. The beauty of this system is that if shipping is delayed by a day for some reason, the gear will still arrive on your start date. For this reason, we do not accept Sunday and Monday start dates.

Return Date
This is the day you must either drop your gear off with us or drop it back into UPS (some orders may require different shipping carriers). You can drop off the gear you have rented at any UPS Store or possibly even at your place of business.

Cleanliness is next to Godliness
Don’t forget, all gear must be clean (meaning not full of dirt) and dry (meaning dry). If you don’t return gear clean and dry, we will charge you an additional fee.  Mold and mildew can do a lot of damage and we don’t want to charge you for it.

Don’t be Late
We make commitments knowing that you will send your gear back on time. If for some reason this doesn’t happen, we will charge you a daily fee equal to the three-day rental fee divided by three. This adds up pretty quickly and we don’t want you to be surprised by it.

Damaged Gear
The Whitestone Getaway crew has done a lot of camping and backpacking, and we know all about normal wear that comes with usage. However, we also know the kind of gear we carry lasts for years and years. With that in mind, rips, and tears, stains, and missing parts, burn holes, and dents, etc. are things we will charge you for.

Lost or Stolen Gear
When you rent, it is your responsibility to get it back to us. If we don’t get it back, we will need to charge you.

Reserving Gear
Please reserve your gear as far in advance as possible. We will run out of some items during our busy times and if you cannot pick up from us, it takes 2 to 4 days to get to most US addresses via UPS.

Cancellation Policy
After placing a rental order, you will have 48 hours to cancel at no cost whatsoever. After 48 hours, and until 2 weeks prior to your pick-up/ship date, cancellation will result in a 10% administrative fee. Cancellation within the 2 weeks prior to ship/pick up date will result in no refund. Group rentals, festival rentals, occasion rentals, and hunting rentals are more restrictive and incur larger cancellation fees or may be non-refundable.

Rental Agreement

By renting Our Equipment from Whitestone Getaway LLC, you agree to Our Terms and Conditions in this Rental Agreement (Agreement)

Rental Period: You (Customer) hereby rent from Us (Whitestone Getaway LLC,) the Equipment for the Term, and agree to pay Whitestone Getaway LLC for all Time Out. Except only as expressly set forth in the Agreement. We (Whitestone Getaway LLC) charge rent for all Time Out, including Saturdays, Sundays and Holidays, excluding shipping time when applicable.

Rent: In addition to the amounts coming due under any other provision(s) of this contract, you agree to pay Whitestone Getaway LLC the rent specified in your invoice, without reduction or setoff, for the periods commencing upon the Time Out and continuing without interruption until the Actual Time in. If You fail to return any Equipment when it is Due in, you will continue to pay Whitestone Getaway LLC rent based on 1/3 the 3-day rental charge per additional day out, for all additional time elapsed (a “Late Period”) until the equipment is returned to, and accepted by, Whitestone Getaway LLC. (Optional: If you fail to obtain our prior approval of any Late Period, we may at our option, increase the periodic rent by daily rental fees for the duration of such Late Period, as a premium and not as a penalty).  Any Equipment not returned within 3 days following Your rental dates duration will be deemed lost and in addition to Late Fees, you will be charged full Equipment replacement fees.

Security Deposit: You agree that Whitestone Getaway LLC may deduct any amount you owe from any deposit (whether identified as a ‘Security Deposit’ or otherwise) you have provided to us. The amount of such deposit is not a limit of your liability or responsibility for the Equipment.  You will not be entitled to interest on the Security Deposit.

Possession/Title: Whitestone Getaway LLC owns the Equipment, and title in and to all of it will always remain Whitestone Getaway LLC.  You are entitled to use and possess the Equipment for the Rental Period, subject to the terms of the Agreement. If you retain any of the Equipment beyond the agreed Term without Our express written consent, you will be deemed to have materially breached the Agreement.

Credit Card Authorization: Subject to such limitations as may be set forth in applicable law, you irrevocably and unconditionally authorize Us to immediately submit for payment on the credit card You have provided Us all estimated charges coming due under this Agreement, and You agree to indemnify, defend and hold harmless Whitestone Getaway LLC with respect to the same.

Warranty Waiver: The Equipment is provided “as-is” and “with all faults”.  We make no warranty, express or implied (including without limitation, all warranties of suitability, merchantability and/or fitness for any particular purpose), nor do we make any warranty against interference, infringement, that the Equipment is fit for your intended use, application or environment, or that it is free from defects (latent or patent).  No warranties shall be deemed to exist with respect to the equipment. 

Your sole remedy for any failure of or defect in or with respect to any of the Equipment is termination of the accrual of rental charges at the time of failure.

Assumption of Risk: You acknowledge that the possession, use, transportation and/or storage of the Equipment may give rise to the risk of personal injury and/or property damage. You voluntarily assume all such risk and release and discharge Whitestone Getaway LLC and the Equipment from all liens, liabilities, and claims arising in connection with the same, including without limitation, any and all claims arising from or in connection with Our negligence (other than our intentional misconduct).

Cancellation Policy:
Our cancellation policy is the following:

• Full refund if cancelled within 48 hours of booking.
• Until 2 weeks prior to your pick-up/ship date, cancellation will result in a 10% administrative fee.
• Cancellation within the 2 weeks prior to ship/pick up date will owe a 50%
  cancellation fee, or you can choose to receive 100% store credit towards a future rental reservation.
• No refunds will be given for cancellations made after we ship the package or less than 2 days prior to pick up.
• Management reserves the right to make exceptions or allowances to payment and cancellation policies on a case-by-case basis as deemed necessary. All arrangements must be in writing and signed by the manager authorizing such arrangements. 

Hold Harmless/Indemnity: You assume all risks associated with the possession, use, transportation and storage of the Equipment & Additional Products. Accordingly, You hereby waive any and all liens and claims arising from or associated with, and agree to indemnify, defend and hold harmless Whitestone Getaway LLC from and against, any and all liabilities, claims, damages, losses, costs and expenses (including without limitation, attorney’s fees, claims for bodily injury(ies) (including deaths, property damage, loss of time/and or inconvenience) resulting from or arising in connection with such possession, use, transportation and/or storage, regardless of the cause and including any injuries and/or damages suffered by You, Your employees and/or any third party(ies), except to the extent directly resulting from Our intentional misconduct.

Receipt/Inspection of Equipment & Additional Products: You acknowledge that You, upon receipt of the Equipment & Additional Products, inspected, examined, and accepted the Equipment, and that, as delivered to You, it is safe and in good operating condition and repair and otherwise in all ways acceptable to you. You will have checklist in the package, please make sure you received all the items in the checklist and let us know if any item is missing or damaged.

Shipping of Equipment: You acknowledge that You are responsible to arrange for receipt of Equipment shipped to You. You assume all risks associated with the shipping of the Equipment. If we are shipping Equipment to a UPS Store location, it is Your responsibility to contact that location and confirm they will accept your Equipment and verify if any additional charges for pickup and drop off the Equipment will be incurred by You.  It is Your responsibility to get the Equipment back to a UPS drop off site on time and obtain a receipt that it has been dropped off.

Equipment Failure: In the event of the Equipment fails to start, breaks, malfunctions, becomes unsafe or is in need of maintenance or repair, you agree to immediately discontinue use, notify Us, and if directed to do so, return the Equipment to Us.

Use of Equipment: The equipment is authorized for use only by You and Your agents and employees (each of whom must be skilled, experienced, trained and authorized in its operations), at the location given as the ‘ship to’ site or ‘job address’.  The Equipment & Additional Products is authorized for use only for its ordinary purpose.

Compliance with Laws: You agree to comply fully, at Your sole cost, with all laws and regulations applicable to the storage, use, and transportation of the Equipment.

Loss or Damage: If the Equipment is lost, stolen, damaged or destroyed during the Rental Term, whether or not the same is Your fault, You will notify Us immediately, and You will pay Whitestone Getaway LLC the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond Our reasonable ability to repair it; and in either case, all packing, shipping, handling, storage and other associated costs. 

Rent previously paid will not be applied to the above-referenced charges. (Rent will continue to accrue during all repair and replacement periods).

Care of Equipment & Additional Products: You must protect the Equipment against misuse, exposure to adverse conditions and any other abuse or neglect, ensure that it remains in good operating condition, and it returned to Us at the end of the Term in the condition required.

Return of Equipment & Additional Products: You agree to ensure that, upon return to Us, the Equipment will be clean, free of all regulated or hazardous substances (including without limitations, substances identified as “hazardous materials” under the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA) and/or any other federal, state or local laws, rules and/or regulations purporting to deal with toxic or hazardous substances), rental-ready, and otherwise is substantially the same order condition and repair as at the Time Out, “Ordinary Wear and Tear”.  You agree to pay a reasonable charge for Equipment returned in any other condition. Any Equipment not returned within 3 days following Your rental dates duration will be deemed lost and in addition to Late Fees, you will be charged full Equipment replacement fees.

Ordinary Wear and Tear: “Ordinary Wear and Tear,” meaning normal deterioration resulting from the proper and intended use of the Equipment in accordance with the terms of this Agreement, will not be considered damage. Damage which is not “Ordinary Wear and Tear” (and for which You will be solely responsible) includes without limitation, theft, mysterious disappearance, damage due to overloading or exceeding rated capacities, non-standard use, operation without proper supports and/or safety equipment, improper use, misuse, abuse, neglect, accidents and intentional damage.

Integration: This Agreement represents the complete and final agreement between You and Us (Whitestone Getaway LLC) and cannot be modified by oral agreement There are no oral or other representations, warranties or agreements not included in this Contract.  You acknowledge that this Agreement may be amended only in a writing signed by both You and us.

Applicable Law/Venue: This Agreement and any disputes hereunder shall be governed by the laws of the State of Pennsylvania, and any disputes hereto shall be adjudged where the State District Court shall have sole jurisdiction.

Waiver of Jury Trial: Each party waives its right to a jury trial of any claim or cause of action based on or arising out of this Agreement or the subject matter hereof. This waiver pertains to all disputes that may be related to the subject matter hereof, including, without limitation, contract, tort, breach of duty, and all other common law and statutory claims, and will not be subject to any exceptions.  Each party (a) understands that this is a waiver of important legal rights and (b) acknowledges that he/she/it has had a reasonable opportunity to discuss this waiver and its effects with legal counsel.  Accordingly, each party knowingly, voluntarily, irrevocably and unconditionally waives its jury trial rights.

Warning regarding Criminal Conversion: The use of false or fictitious identification to obtain rental property, the failure to return rental property or the failure to pay for its use, is a crime and may result in criminal prosecution.

Enforcement: You agree to pay Us all attorneys’ fees and other costs Whitestone Getaway LLC may incur in enforcing or exercising Our rights under this Agreement, whether or not a suit is filed.