Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the rentlete Platform, you agree to comply with and be bound by these Terms. Please read them carefully.
Last Updated: March 5, 2020
Thank you for using rentlete!
These Terms constitute a legally binding agreement ("Agreement") between you and Stoke GmbH, henceforth referred to as “rentlete” (as defined below) governing your access to and use of the rentlete website, including any subdomains thereof, and any other websites through which rentlete makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "rentlete Services"). The Site, Application and rentlete Services together are hereinafter collectively referred to as the “rentlete Platform”.
When these Terms mention “rentlete,” “we,” “us,” or “our,” it refers to the rentlete company you are contracting with. Your contracting entity will be Stoke GmbH, Jungfrauweg 1, 6005, Lucerne Switzerland.
Any and all payment processing services through or in connection with your use of the rentlete Platform ("Payment Services") are provided to you by one or more rentlete Payments entities (individually and collectively, as appropriate, "rentlete Payments") as set out in the Payment Term ("Payments Terms").
Athletes alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and athlete experiences (as defined below). For example, some cities have laws that restrict their ability to athlete paying enthusiasts for short periods or provide certain athlete experiences. In many cities, athletes may have to register, get a permit or obtain a license before providing certain athlete experiences (such as personal training, athletic therapy, etc). Athletes are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any athlete experiences they offer. Certain types of athlete experiences may be prohibited altogether. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and athlete Service(s) on rentlete, you should always seek legal guidance.
1.1 The rentlete Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “athletes” and the services they offer are “athlete experiences”) to publish such athlete experiences on the rentlete Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such athlete experiences (Members using athlete experiences are “enthusiasts”). athlete experiences may include the offering of lessons, training, mentorship, public speaking ("Experiences").
1.2 As the provider of the rentlete Platform, rentlete does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or athlete experiences, nor is rentlete an organiser or retailer of travel packages under Directive (EU) 2015/2302. athletes alone are responsible for their Listings and athlete experiences. When Members make or accept a booking, they are entering into a contract directly with each other. rentlete is not and does not become a party to or other participant in any contractual relationship between Members, nor is rentlete an agent or insurer. rentlete is not acting as an agent in any capacity for any Member, except as specified in the Payment Terms.
1.3 While we may help facilitate the resolution of disputes, rentlete has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or athlete experiences (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. rentlete does not endorse any Member, Listing or athlete experience. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by rentlete about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Experience or use other athlete experiences, accept a booking request from a enthusiast, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by rentlete of any athlete or Listing.
1.4 If you choose to use the rentlete Platform as a athlete your relationship with rentlete is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of rentlete for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of rentlete. rentlete does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the athlete experiences. You acknowledge and agree that you have complete discretion whether to list athlete experiences or otherwise engage in other business or employment activities.
1.5 To promote the rentlete Platform and to increase the exposure of Listings to potential enthusiasts, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. rentlete cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The rentlete Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.
1.6 The rentlete Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. rentlete is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by rentlete of such Third-Party Services.
1.7 Due to the nature of the Internet, rentlete cannot guarantee the continuous and uninterrupted availability and accessibility of the rentlete Platform. rentlete may restrict the availability of the rentlete Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the rentlete Platform. rentlete may improve, enhance and modify the rentlete Platform and introduce new rentlete Services from time to time.
2.1 In order to access and use the rentlete Platform or register an rentlete Account you must be an individual at least 16 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 rentlete may make access to and use of the rentlete Platform, or certain areas or features of the rentlete Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.
2.3 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).
2.4 The access to or use of certain areas and features of the rentlete Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the rentlete Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the rentlete Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
rentlete reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the rentlete Platform and update the “Last Updated” date at the top of these Terms. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the rentlete Platform will constitute acceptance of the revised Terms.
4.1 You must register an account ("rentlete Account") to access and use certain features of the rentlete Platform, such as publishing or booking a Listing.
4.2 You can register an rentlete Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your rentlete Account and your SNS Account at any time, by accessing the "Settings" section of the rentlete Platform.
4.3 You must provide accurate, current and complete information during the registration process and keep your rentlete Account and public rentlete Account profile page information up-to-date at all times.
4.4 You may not register more than one (1) rentlete Account unless rentlete authorizes you to do so. You may not assign or otherwise transfer your rentlete Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your rentlete Account credentials and may not disclose your credentials to any third party. You must immediately notify rentlete if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your rentlete Account. You are liable for any and all activities conducted through your rentlete Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 rentlete may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your rentlete Account. For example, we may enable Members to link their rentlete Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable athletes to add other Members as Co-athletes (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by rentlete to ask for your credentials, and you shall not request the credentials of another Member.
5.1 rentlete may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the rentlete Platform ("Member Content"); and (ii) access and view Member Content and any content that rentlete itself makes available on or through the rentlete Platform, including proprietary rentlete content and any content licensed or authorized for use by or through rentlete from a third party ("rentlete Content" and together with Member Content, "Collective Content").
5.2 The rentlete Platform, rentlete Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws. You acknowledge and agree that the rentlete Platform and rentlete Content, including all associated intellectual property rights, are the exclusive property of rentlete and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the rentlete Platform, rentlete Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of rentlete used on or in connection with the rentlete Platform and rentlete Content are trademarks or registered trademarks of rentlete in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the rentlete Platform, rentlete Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the rentlete Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by rentlete or its licensors, except for the licenses and rights expressly granted in these Terms.
5.4 Subject to your compliance with these Terms, rentlete grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the web-based Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the rentlete Platform and accessible to you, solely for your personal and non-commercial use.
5.6 You are solely responsible for all Member Content that you make available on or through the rentlete Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the rentlete Platform or you have all rights, licenses, consents and releases that are necessary to grant to rentlete the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or rentlete's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
5.7 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates rentlete’s content policy or any other rentlete policy. rentlete may, without prior notice, remove or disable access to any Member Content that rentlete finds to be in violation of applicable law, these Terms or rentlete’s then-current Policies or Standards otherwise may be harmful or objectionable to rentlete, its Members, third parties, or property.
5.8 rentlete respects copyright law and expects its Members to do the same. If you believe that any content on the rentlete Platform infringes copyrights you own.
6.1 rentlete may charge fees to athletes ("athlete Fees") and/or enthusiasts ("enthusiast Fees") (collectively, "Service Fees") in consideration for the use of the rentlete Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.
6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an athlete or enthusiast prior to publishing or booking a Listing. rentlete reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to rentlete. The applicable Service Fees (including any applicable Taxes) are collected by rentlete Payments. rentlete Payments will deduct any athlete Fees from the Listing Fee before remitting the payout to the athlete. Any enthusiast Fees are included in the Total Fees collected by rentlete Payments. Except as otherwise provided on the rentlete Platform, Service Fees are non-refundable.
7.1.1 When creating a Listing through the rentlete Platform you must (i) provide complete and accurate information about your athlete experience (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as experience limitations) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an Experience) and (iii) provide any other pertinent information requested by rentlete. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.
7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as facility fees if applicable) for your Listing (“Rate”). Once an enthusiast requests a booking of your Listing, you may not request that the enthusiast pays a higher price than in the booking request.
7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.
7.1.4 The placement and ranking of Listings in search results on the rentlete Platform may vary and depend on a variety of factors, such as enthusiast search parameters and preferences, athlete requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of athlete experience and/or ease of booking.
7.1.5 When you accept or have pre-approved a booking request by an enthusiast, you are entering into a legally binding agreement with the enthusiast and are required to provide your athlete experience(s) to the enthusiast as described in your Listing when the booking request is made. You also agree to pay the applicable athlete Fee and any applicable Taxes.
7.1.6 rentlete recommends that athletes obtain appropriate insurance for their athlete experiences. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of enthusiasts (and the individuals the enthusiast has booked for, if applicable) while participating in your Experience or other athlete Service.
7.2.3 You represent and warrant that any Listing you post and the booking of, or a enthusiast's experience will (i) not breach any agreements you have entered into with any third parties, such as sport organizations or memberships, and (ii) comply with all applicable laws (such as safety laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a athlete, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Experience at your request or invitation, excluding the enthusiast and any individuals the enthusiast invites to the Experience.
8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by rentlete and/or the athlete, you can book a Listing available on the rentlete Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), enthusiast Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your rentlete Account.
8.1.2 Upon receipt of a booking confirmation from rentlete, a legally binding agreement is formed between you and your athlete, subject to any additional terms and conditions of the athlete that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. rentlete Payments will collect the Total Fees at the time of the booking request or upon the athlete’s confirmation pursuant to the Payment terms. Certain bookings, enthusiasts may be required to pay or have the option to pay in multiple installments.
8.1.3 If you book an athlete Experience on behalf of additional enthusiasts, you are required to ensure that every additional enthusiast meets any requirements set by the athlete, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the athlete. If you are booking for an additional enthusiast who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, or other athlete Service if consent is given by an adult who is responsible for them.
8.2.1 You should carefully review the description of any Experience, Event or other athlete Service you intend to book to ensure you (and any additional enthusiasts you are booking for) meet any minimum age, proficiency, fitness or other requirements which the athlete has specified in their Listing. At your sole discretion you may want to inform the athlete of any medical or physical conditions, or other circumstances that may impact your and any additional enthusiast’s ability to participate in any Experience, Event or other athlete Service. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other athlete Service.
8.2.2 Before and during an Experience, Event or other athlete Service you must at all times adhere to the athletes’ instructions.
8.2.3 You may not bring any additional individuals to an Experience, Event or other athlete Service unless such an individual was added by you as an additional enthusiast during the booking process on the rentlete Platform.
9.1 athletes and enthusiasts are responsible for any modifications to a booking that they make via the rentlete Platform or direct rentlete customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, athlete Fees or enthusiast Fees and/or Taxes associated with such Booking Modifications.
9.2 enthusiasts can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the athlete, and rentlete Payments will refund the amount of the Total Fees due to the enthusiast in accordance with such cancellation policy.
9.3 If an athlete cancels a confirmed booking, the enthusiast will receive a full refund of the Total Fees for such booking. In some instances, rentlete may allow the enthusiast to apply the refund to a new booking, in which case rentlete Payments will credit the amount against the enthusiast’s subsequent booking at the enthusiast’s direction. Further, rentlete may publish an automated review on the Listing cancelled by the athlete indicating that a booking was cancelled. In addition, rentlete may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the athlete has a valid reason for cancelling the booking pursuant to rentlete’s policy or has legitimate concerns about the enthusiast’s behavior.
9.4 For Experiences, Events and other athlete experiences, if weather poses a safety risk to enthusiasts, or if it prevents an athlete from carrying out an athlete experience that takes place primarily outdoors, athletes may cancel the athlete experience. athletes may also cancel the athlete experience if other conditions exist that would prevent the athlete from offering the athlete experience safely.
9.5 In certain circumstances, rentlete may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in rentlete's policy or (i) where rentlete believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to rentlete, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.
9.7 If an enthusiast or rentlete cancels a confirmed booking, and the enthusiast receives a refund in accordance with the enthusiast refund policy or Extenuating Circumstances Policy, or the applicable cancellation policy set by the athlete and mentioned in the Listing, after the athlete has already been paid, rentlete Payments will be entitled to recover the amount of any such refund from the athlete, including by subtracting such refund amount out from any future Payouts due to the athlete.
9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional athlete experiences or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your rentlete Account, and rentlete Payments will handle all such payments.
10.1 Within a certain timeframe after completing a booking, enthusiasts and athletes can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of rentlete. Ratings and Reviews are not verified by rentlete for accuracy and may be incorrect or misleading.
10.2 Ratings and Reviews by enthusiasts and athletes must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with rentlete’s Content policy.
10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the rentlete Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.
rentlete generally supports payment amounts that are payable from or to enthusiasts or athletes to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where rentlete’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, rentlete may, in its sole discretion, round up or round down the displayed amounts that are payable from or to enthusiasts or athletes to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, rentlete may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.
12.1 As a athlete you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from athletes, or to withhold Taxes from payouts to athletes, or both. If a athlete fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
12.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Experience is located may require Taxes to be collected from enthusiasts or athletes on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by athletes, a set amount per day, or other variations.
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the rentlete Platform. In connection with your use of the rentlete Platform, you will not and will not assist or enable others to:
13.2 You acknowledge that rentlete has no obligation to monitor the access to or use of the rentlete Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the rentlete Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist rentlete in good faith, and to provide rentlete with such information and take such actions as may be reasonably requested by rentlete with respect to any investigation undertaken by rentlete or a representative of rentlete regarding the use or abuse of the rentlete Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to rentlete by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or rentlete terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your rentlete Account as an athlete, any confirmed booking(s) will be automatically cancelled and your enthusiasts will receive a full refund. If you cancel your rentlete Account as an enthusiast, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, rentlete may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 rentlete may immediately, without notice, terminate this Agreement and/or stop providing access to the rentlete Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) rentlete believes in good faith that such action is reasonably necessary to protect the personal safety or property of rentlete, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, rentlete may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the rentlete Account registration, Listing process or thereafter, (iv) you and/or your Listings or athlete experiences at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or rentlete otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) rentlete believes in good faith that such action is reasonably necessary to protect the personal safety or property of rentlete, its Members, or third parties, or to prevent fraud or other illegal activity:
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by rentlete and an opportunity to resolve the issue to rentlete's reasonable satisfaction.
14.6 If we take any of the measures described above (i) we may refund your enthusiasts in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your rentlete Account or any of your Member Content. If your access to or use of the rentlete Platform has been limited or your rentlete Account has been suspended or this Agreement has been terminated by us, you may not register a new rentlete Account or access and use the rentlete Platform through an rentlete Account of another Member.
14.8 Sections 5 and 16 to 20 of these Terms shall survive any termination or expiration of this Agreement.
If you choose to use the rentlete Platform or Collective Content, you do so voluntarily and at your sole risk. The rentlete Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.
You agree that you have had whatever opportunity you deem necessary to investigate the rentlete Services, laws, rules, or regulations that may be applicable to your Listings and/or athlete experiences you are receiving and that you are not relying upon any statement of law or fact made by rentlete relating to a Listing.
If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.
You agree that some Experiences, Events, other athlete services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some athlete experiences may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those athlete experiences. You assume full responsibility for the choices you make before, during and after your participation in a athlete Service or the Group Payment Service. If you are bringing a minor as an additional enthusiast, you are solely responsible for the supervision of that minor throughout the duration of your athlete Service and to the maximum extent permitted by law, you agree to release and hold harmless rentlete from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the athlete Service or in any way related to your athlete Service.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the rentlete Platform and Collective Content, your publishing or booking of any Listing via the rentlete Platform, your participation in any Experience or Event or use of any other athlete Service, participation in the Group Payment Service, or any other interaction you have with other Members whether in person or online remains with you. Neither rentlete nor any other party involved in creating, producing, or delivering the rentlete Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the rentlete Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the rentlete Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s athlete experiences, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not rentlete has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable athletes pursuant to these Terms in no event will rentlete’s aggregate liability arising out of or in connection with these Terms and your use of the rentlete Platform including, but not limited to, from your publishing or booking of any Listings via the rentlete Platform, or from the use of or inability to use the rentlete Platform or Collective Content and in connection with any Experiences, Event,other athlete Service, the Group Payment Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the rentlete Platform as a enthusiast in the twelve (12) month period prior to the event giving rise to the liability, or if you are a athlete, the amounts paid by rentlete to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between rentlete and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. This does not affect rentlete’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
To the maximum extent permitted by applicable law, you agree to release, defend (at rentlete’s option), indemnify, and hold rentlete and its affiliates and subsidiaries, including but not limited to, rentlete Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the rentlete Platform or any rentlete Services, (iii) your interaction with any Member, participation in an Experience, Event or other athlete Service, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) rentlete’s Collection and Remittance of Occupancy Taxes, or (v) your breach of any laws, regulations or third party rights.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the rentlete Platform (“Feedback“). You may submit Feedback by emailing us, through the Contact section of the rentlete Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
If rentlete wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident.
21.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between rentlete and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between rentlete and you in relation to the access to and use of the rentlete Platform.
21.2 No joint venture, partnership, employment, or agency relationship exists between you and rentlete as a result of this Agreement or your use of the rentlete Platform.
22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
22.5 rentlete’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without rentlete's prior written consent. rentlete may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be provided electronically and given by rentlete via email, rentlete Platform notification.
22.8 If you have any questions about these Terms please contact us.
Additional Terms for Experience Offers
Last Updated: April 3, 2020
You agree to these Additional Terms for Experience Offers (“Experience Terms”) when you submit a Listing for an Experience, Event or other Athlete Service.
These terms are in addition to the rentlete Terms of Service and the rentlete Payments Terms of Service, and except as explicitly stated, the rentlete Terms of Service and the rentlete Payments Terms of Service apply in full to all Experience Offers, Experience Listings, and Experiences, Events, or other Athlete Services. All capitalised terms not defined here have the meaning given to them in the rentlete Terms of Service. Nothing in these Experience Offer Terms shall be construed to amend or contradict the rentlete Terms of Service unless explicitly stated. If there is a conflict between the rentlete Terms of Service and the Experience Offer Terms, these Experience Offer Terms control.
Additional Terms for Listing Experiences, Events and other Athlete Services
To list an Experience, Event or other Athlete Service, you must create a Listing and submit the Experience, Event or Athlete Service to rentlete. Experiences, Events or other Athlete Services must at all times meet the quality standards for Experiences. rentlete reserves the right to decide, in its sole discretion, whether a submitted Experience, Event or other Athlete Service will be published on the rentlete Platform. Once published, an Experience, Event or other Athlete Service may be removed pursuant to the removal provisions below or pursuant to any applicable removal provision in the rentlete Terms of Service.
When listing an Experience, Event or other Athlete Service you must, where applicable, fully educate and inform Enthusiasts about (i) any risks inherent to the Experience, Event or other Athlete Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Athlete Service (including dress codes, equipment, special certifications or licenses, etc.).
Once your Experience, Event or other athlete Service is published on the rentlete platform, you will have the ability to add dates and times when you offer your Experience through the rentlete Platform. By making your Experience, Event or other Athlete Service available for a particular date and time on the rentlete Platform (an “Instance”), you agree that only people who book through rentlete can attend that Instance of the Experience, Event or other Athlete Service. You further agree that you will not allow people to attend any Instance of your Experience, Event or other Athlete Service available on the rentlete Platform unless that person booked through rentlete (or was added as an additional Enthusiast for a spot booked through the rentlete Platform).
Athletes alone are responsible for the Experiences, Events, or other Athlete Services that they submit, list and provide. rentlete merely provides the rentlete Services and is not itself an operator or provider of tours, activities, experience services, Experiences, Events or other Athlete Services. rentlete does not own, sell, resell, furnish, provide, manage and/or control any such Experiences, Events or other Athlete Services. rentlete’s responsibilities are limited to making the Listings for Experiences, Events or other Athlete Services available through the rentlete Platform.
You are responsible for acquiring all equipment, including supplies, vehicles, venues and other materials (“Equipment”) necessary to athlete your Experience, Event or other Athlete Service. You are solely responsible for ensuring that the Equipment used in your Experience, Event or other Athlete Service is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
Additional Experience Offer Responsibilities
You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Experience, Event or other Athlete Service(s), (ii) obtaining any required licenses, permits, or registrations prior to providing your Experience, Event or other Athlete Service(s); and (iii) ensuring that your Listing and/or athlete ing of an Experience, Event, or other Athlete Service(s) will not breach any agreement you may have with any third party.
If any provision or part of a provision in these terms is held to be invalid, void, or unenforceable, such provision (or the part of it that is making it invalid, void or unenforceable) will be struck and not affect the validity of and enforceability of the remaining provisions.
Updates to these Experience Offer Terms
We reserve the right to update, modify or discontinue the Experience Offer Terms, at any time. If we modify the Experience Offer Terms, we will give you notice and post the modification on the rentlete Site, or Services. By continuing to access or use the Services after the modified Experience Offer Terms becomes effective, you are indicating that you agree to be bound by the updated terms. If the modified terms are not acceptable to you, your recourse is to stop using the Services.