General terms and conditions for baby equipment rental

Article 1 – Preamble

These terms and conditions applies to short-term rental of childcare articles (including any instruction manual, packaging or accessories) (the “Equipment”) between Baby Travel Rio (the “Renter”) and a natural person fully capable or a legal person dully established making a rental booking (the “Hirer”) (the “Rental”).

The Rental is only possible after acceptance of these general terms and conditions by the Hirer. Prices, terms and conditions applicable to the Rental are those specified on the website www.babytravelrio.com.br, in either its French, English or Portuguese version (the “Website”) on the day on which the rental booking is made by the Hirer.

The Equipment has been bought in Brazil or within the European Union and complies with local standards and regulations applicable on the date of its purchase.

Photographs and descriptions used on the Website to illustrate the products shall not form part of any contract. Slight variations (including differences in colours) shall not affect the validity of the Rental agreement.

Article 2 – Rental agreement and payment terms

The rental agreement is formed by a rental booking made via the Website or via email (at babytravelrio@gmail.com) and validated by the Renter. The Renter shall not be bound by rental bookings made less than 24h before the time of Delivery (as defined in Article 10 below) or Pickup (as defined in Article 10 below) of the Rented Equipment.

The rental order is valid and the rental agreement entered into only if the four (4) stages detailed below have been dully completed:

  1. Rental booking made via the Website or via email (at babytravelrio@gmail.com) specifying the following information:
    1. Products selected by the Hirer from the list of products offered by the Renter;
    2. Start and end dates of the Rental;
    3. Name, surname, mobile phone, email address of the Hirer and, as the case may be, the Delivery address.
  1. Email from the Renter containing the booking order (the “Booking Order”) and specifying:
    1. The products selected by the Hirer (the “Rented Equipment”), the quantity and Rental Price of each product (as defined in Article 10 below);
    2. Start and end dates, as well as, the duration of the Rental;
    3. The sum of the Rental Prices of each product (the “Total Rental Price”), applicable delivery and removal fees (as specified in Article 5 below) and the sum of the Total Rental Price and the delivery and removal fees (the “Total Amount Due”); and, as the case may be,
    4. The amount of the security deposit.

This email also specifies the dates and times at which the Delivery (or, as the case may be, the Pickup) and the Removal (or, as the case may be, the Return) of the Rented Equipment may take place.

  1. Confirmation by the Hirer of the accuracy of the data specified in the Booking Order and of its acceptance of the terms of the Rental agreement.  The Hirer may proceed to such confirmation by sending a simple email to babytravelrio@gmail.com or by returning the Booking Order dully signed. A copy of any valid identity document (such as identity card or passport) of the Hirer shall be annexed to such confirmation.By returning such confirmation, the Hirer acknowledges its understanding of, and acceptance to, these terms and conditions.
  1. The Total Amount Due and, as the case may be, the security deposit contemplated in Article 9 below, shall be paid to the Renter at the time of the Delivery or Pickup of the Rented Equipment at the latest.
    In the event where the initial duration of the Rental is extended in accordance with the provisions of Article 6, the remaining balance due by the Hirer must be paid to the Renter at the time of the restitution of the Rented Equipment (as detailed in Article 10 below) at the latest.
    Any payment contemplated under these terms and conditions shall be made in cash in Brazilian reals (BRL).

Non-compliance with any of the above stages may result in the cancellation of the Rental booking.

Any electronic communication between the parties stored, with a reasonable level of security, in the Renter’s information system, shall be considered as proof of communications, orders and payments made between the parties. It is expressly agreed that any electronically stored data shall constitute valid proof and can be used, in the same conditions and with the same probative value, as any written document.

Article 3 – Refusal to rent

The Renter may refuse a rental booking in the following situations:

  1. Unavailability of stocks ;
  2. Non-compliance with any of the booking stages described in Article 2 above ; or
  3. Failure to pay the Total Amount Due or to make any payment contemplated in these terms and conditions (including, but not limited to, the security deposit).

Article 4 – Cancelation of the order

Notwithstanding any withdrawal right granted to the Hirer by applicable law, the Hirer may withdraw at any time its order via the Website, by email (at babytravelrio@gmail.com) or by phone, confirmed in writing in this latter case.

If such withdrawal occurs less than 3 days before the Delivery or Pickup date initially agreed upon by the parties, the Hirer shall pay to the Renter penalties amounting to 20% of the Total Amount Due.

Article 5 – Rental Price and delivery and removal fees

Rental Price

The rental price of each product, for each rental duration, is the price denominated in Brazilian real (BRL) and specified on the Website on the day on which the rental booking is made by the Hirer (the “Rental Price”).

For any Rental whose duration exceeds the maximum duration period specified on the Website, the Hirer shall contact directly the Renter via the Website, by email (at babytravelrio@gmail.com)or by phone. The Renter will provide the Hirer with an estimate specifying the Rental Price for the specified duration.

Delivery and removal fees

When the Total Rental Price exceeds 350 Brazilian reals (BRL), no delivery and removal fee will be charged for orders delivered in the following neighbourhoods of Rio de Janeiro: Arpoador, Botafogo, Catete, Copacabana, Cosme Velho, Flamengo, Gavea, Humaita, Ipanema, Jardim Botanico, Lagoa, Larenjeiras, Leblon, Leme and Urca (the “Zona Sul”). For deliveries outside of the Zona Sul, delivery and removal fees will be calculated by the Renter and specified in the Booking Order.

As specified in Article 10, when the Total Rental Price is below 350 Brazilian reals (BRL), the Hirer will have to pick up the Rented Equipment as no Delivery or Removal shall occur. However, the Hirer may choose to have the Rented Equipment delivered to, and removed from, its place of stay. In such case, the Renter will proceed to the calculation of delivery and removal fees and communicate such fees to the Hirer.

In calculating delivery and removal fees, the Renter may consider, in its absolute discretion, any relevant information, including, without limitation, the delivery and removal address, the amount and weight of the order, the availability of public transportation (subway exclusively) close by. Once agreed to by the Hirer, calculations made by the Renter are final and cannot be latter contested.

Article 6 – Effective date and duration

The Rental period begins on the date on which the Rented Equipment is made available by the Renter. The Rented Equipment can be provided to the Hirer by Delivery or Pickup in accordance with the provisions below.

The Rental period ends on the day on which the Rented Equipment is entirely restituted to the Renter in the conditions specified below, subject to necessary checks of the Rented Equipment’s integrity and general condition.

The Rental period cannot be less than one (1) day. Each day begun shall be considered as due.

The Hirer may, subject to the Renter's prior approval, extend the initially agreed Rental period. In order to do so, the Hirer must send a request to the Renter by email (at babytravelrio@gmail.com) or by phone, confirmed in writing in this latter case. These general terms and conditions remain applicable up until the new end date agreed upon between the parties.

The Hirer may shorten the initially agreed Rental period. In such case, the Hirer undertakes to inform the Renter by email (at babytravelrio@gmail.com) or by phone as soon as possible in order to enable the latter to unilaterally organize the Removal or Return of the Rented Equipment. No refund shall be made for the Rental period not performed.

Article 7 – Provisions of the Rented Equipment

The Rented Equipment can be provided by the Renter to the Hirer by Delivery or Pickup in the conditions specified below.

The Rented Equipment is provided with packaging (boxes, covers, bags, etc.) and instruction manuals which form parts of the said equipment. The Hirer shall keep such packaging and instruction manuals in good conditions throughout the duration of the Rental.

An inventory and a liability waiver shall be signed by both parties when the Rental Equipment is provided by the Renter to the Hirer. By signing, the Hirer acknowledges that he has checked the Rented Equipment and that it fits the needs for which he has rented it. The Renter shall, on no account, be held responsible in this respect.

Moreover, the Renter cannot uphold claims relating to apparent damages which were not indicated in the inventory signed by both parties at the time of the provision of the Rented Equipment. In the absence of any written indications to the contrary, the equipment shall be considered to have been provided to the Hirer clean and in good working conditions and shall be return as such.

The Rental does not include the installation of the Rented Equipment. The Hirer bears sole responsibility for the installation of the Rented Equipment (including, but not limited to, the installation of the car seat into the car).

Article 8 – Use of the Rented Equipment

The Rented Equipment is provided to the Hirer clean and in good working conditions.

The Hirer undertakes to set up and use the equipment with all due care, for its intended purposes and in accordance with all applicable regulations. The Hirer bears sole responsibility for the protection, use and integrity of the Rented Equipment during all the duration of the Rental. The Hirer undertakes to read and respect all instructions (including safety instructions) necessary to the proper and safe use of the Rented Equipment. The Hirer shall be prohibited to conduct any modification, alteration or transformation of the Rented Equipment. Selling or sub-renting the equipment is strictly prohibited.

In the event of any malfunction of the Rented Equipment, the Hirer shall immediately cease to use the Rented Equipment and inform the Renter by email (at babytravelrio@gmail.com) or by phone. The Hirer shall not try to repair himself the equipment nor to get any repair done.

Article 9 – Security deposit and restitution of the Rented Equipment

Security deposit

The Renter reserves its right to ask the Hirer for a security deposit. The amount of the security deposit is freely determined by the Renter but, under no circumstance, can be superior to the acquisition price of the Rented Equipment (average price on different Brazilian websites selling baby equipment)

The security deposit shall be given to the Renter at the latest at the time of the Delivery or Pickup of the Rented Equipment in compliance with the provisions of Article 2. The Renter shall give to the Hirer a receipt evidencing the amount received as security deposit. The Renter shall be forbidden to cash that amount and undertakes to keep it until the end of the Rental period.

After necessary checks of the Rented Equipment’s integrity and general conditions, the security deposit shall be returned in full at the time of the restitution of the Rented Equipment if all the provisions of these general terms and conditions have been respected by the Hirer. In the event of any Deterioration caused to the Rented Equipment, the Renter may retain, in accordance with the provisions detailed in the following paragraphs, all or part of the security deposit.

Restitution of the Rented Equipment

The Rented Equipment shall be returned or removed in accordance with the provisions specified below. At the end of the Rental period, the Hirer must return all the Rented Equipment (including all packaging and instruction manuals) clean and in good working condition. The Rented Equipment must only have undergo the normal wear and tear resulting from a normal use thereof.

Upon Removal or Return of the Rented Equipment, the Renter will check the Rented Equipment’s cleanliness and working condition. The Renter will record any damages incurred by the Rented Equipment and caused by the Hirer or any third person during the Rental period, including but not limited to, any stain, tear, breakage, scratch, blow, loss or theft (a “Deterioration”, the word “deteriorated” shall be construed as encompassing any type of Deterioration). An inventory recording all Deteriorations shall be signed by the Hirer and the Renter. Nonetheless, the Renter reserves its right to conduct a more thorough check of the Rented Equipment and to notify the Hirer, within three (3) days following the restitution of the Rented Equipment, all Deteriorations not previously mentioned in the inventory.

The Hirer undertakes to notify the Renter of any blow or impact on any car seat, even if such blow or impact is not apparent.

Any missing element or abnormal Deterioration of the Rented Equipment’s packaging shall give rise to a penalty of 50 Brazilian reals (BRL) payable to the Renter by the Hirer.

Any Rented Equipment returned in a state of cleanliness deemed insufficient by the Renter shall give rise to a penalty of 100 Brazilian reals (BRL) payable to the Renter by the Hirer.

If all or part of the Rented Equipment has sustained esthetical and remediable damages that do not affect the safety of the equipment, the Renter shall freely proceed to the determination of the repair cost of such deteriorated Rented Equipment.

If the Rented Equipment’s fabric, material or mechanism is damaged or broken, rendering the Equipment unfit for further use and rental, the Renter shall freely proceed to the determination of the replacement cost of such deteriorated Rented Equipment.

If all or part of the Rental Equipment has not been returned 48 hours after the end of the agreed Rental period, such Rental Equipment shall be deemed to have become the Hirer’s property and the Renter shall freely proceed to the determination of the replacement cost of such missing Rented Equipment.

In proceeding to the calculation of repair or replacement costs, the Renter may consider, in its absolute discretion, the indicative scale annexed to these terms and conditions. It shall however be stated that, under no circumstance, repair or replacement costs can be superior to the acquisition price of a new equipment in place of the deteriorated Rented Equipment (average price on different Brazilian websites selling baby equipment).

In cases where the Hirer has given a security deposit in cash, an amount equivalent to the repair or replacement costs shall be kept by the Renter. In the absence of any security deposit, the Renter will issue an invoice that should be paid by the Hirer upon receipt.

Article 10 - Delivery, Pickup, Removal or Return of the Rented Equipment

When the Total Rental Price is below 350 Brazilian reals (BRL), no Delivery or Removal of the Rented Equipment shall occur. The Hirer shall therefore proceed to the Pickup and Return of the Rented Equipment at the Renter’s premises. However, the Hirer may choose to have the Rented Equipment delivered to, and removed from, its place of stay. In such case, the Renter will proceed to the calculation of delivery and removal fees in accordance with Article 5.

When the Total Rental Price is above 350 Brazilian reals (BRL), the Hirer may nonetheless choose to pick up and return the Rented Equipment at the Renter’s premises. In such case, a discount amounting to 10% of the Total Rental Price will be granted.

The Hirer shall be bound by all its obligations under these terms and conditions until the Rented Equipment is effectively recovered by the Renter (either by Removal or by Return). The Hirer bears sole responsibility for the Rented Equipment, which he shall keep in good conditions and under its watch during all the duration of the Rental.

In accordance with the provisions of Article 11, the Renter cannot be held responsible for any delay in the Delivery, Pickup, Removal or Return of the Rented Equipment due to events beyond its reasonable control.

Delivery and Removal

The delivery of the Rented Equipment is carried out by the Renter upon scheduled appointment (including week-ends and public holidays) at the time and at the address previously agreed between the parties (the “Delivery”). Likewise, the removal of the Rented Equipment at the end of the Rental period is carried out by the Renter upon scheduled appointment (including week-ends and public holidays) at the time and at the address previously agreed between the parties (the “Removal”).

The time slot requested by the Hirer is not contractual and the Renter reserves its right to change it at any time. The Hirer and the Renter will then agree upon a new time slot.

Subject to the Renter's prior approval, the address from which the Rented Equipment is removed may differ from the Delivery address, as long as, the Removal address is located in Rio de Janeiro (Brazil). When the Delivery address is located in Zona Sul, no extra cost will be charged if the Removal address is also located in Zona Sul. In all other cases, the Renter may charge extra delivery and removal fees calculated in accordance with the provisions of Article 5 and previously communicated to the Hirer.

Any absence or delay of the Hirer at the time and place previously agreed upon between the parties and not previously notified to the Renter, any incorrect information or lack of information compelling the Renter to come back at a later hour, will be subject to penalties amounting to 100 Brazilian reals (BRL) payable by the Hirer to the Renter.

The Renter reserves its right to rent out to another client any Equipment that could not have been delivered, on the date and at the time agreed upon, due to direct or indirect actions of the Hirer.

Pickup and Return

The pickup of the Rented Equipment at the Renter’s premises is carried out by the Hirer upon scheduled appointment (including week-ends and public holidays) at the time previously agreed between the parties (the “Pickup”). Likewise, the return of the Rented Equipment at the Renter’s premises at the end of the Rental period is carried out by the Hirer upon scheduled appointment (including week-ends and public holidays) at the time agreed between the parties (the “Return”).

The time slot requested by the Hirer is not contractual and the Renter reserves its right to change it at any time. The Hirer and the Renter will then agree upon a new time slot.

Any absence or delay of the Hirer at the time previously agreed upon between the parties and not previously notified to the Renter thus compelling the Renter to schedule another appointment, will be subject to penalties amounting to 50 Brazilian reals (BRL) payable by the Hirer to the Renter.

The Renter reserves its right to rent out to another client any Equipment that has not been picked up, on the date and at the time agreed upon, due to direct or indirect actions of the Hirer.

Article 11 – Limitation of Liability

The Renter cannot be held responsible for any consequence on the Rental resulting from events beyond its reasonable control, including, without limitation, bad weather, modification of applicable regulation, delays in public transportation or in the return of Equipment from another client, force majeure, strikes nor can it be held responsible for their direct or indirect consequences with regard to the client or third parties and shall not be liable for any indemnity in this respect.

The Hirer bears sole responsibility for the protection, use and integrity of the Rented Equipment during all the duration of the Rental period. In the event of any material or physical damages (including, without limitation, theft or loss) caused by or to the Rented Equipment during the Rental period, the Hirer shall bear sole responsibility and shall be liable for any indemnity resulting from such material or physical damages. By no means, the Renter (or its funders) can be held liable for any damages caused to any good or person by the Rented Equipment during the duration of the Rental or after the restitution of the Rented Equipment.

Article 12 – Data privacy

Any personal information supplied to the Renter by the Hirer in connection with the Rental agreement shall not be disclosed to third parties for any commercial or other purpose whatsoever.

Article 13 – Dispute resolution, jurisdiction and applicable law

In any event of a dispute, regardless of its nature and object, the Renter and Hirer shall make their best efforts to reach a mutually satisfactory settlement. Failing such settlement, the dispute shall be submitted to the competent court.

Any suit, action or proceeding relating to any dispute, regardless of its nature and object, arising of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Rio de Janeiro, Rio de Janeiro State, Brazil.

This provision shall be extensively applied and construed, including to any dispute relating to the pre-contractual phase or in case of proceedings relating to provisional or protective measures, notwithstanding plurality of defendants and introduction of third parties.

These terms and conditions are governed by Brazilian law and shall be enforced and construed in accordance with such law.

ANNEX

INDICATIVE SCALE OF AMOUNTS DUE IN CASE OF DETERIORATION OF THE RENTED EQUIPMENT

The scale below is given is purely indicative and given for information purposes only. In case of a Deterioration to the Rented Equipment, Baby Travel Rio reserves its right to freely determine the cost of repair or of replacement of the goods deteriorated in accordance with, and within the limits of, Article 9 of these terms and conditions.



Missing packaging

Insufficient cleanliness

Esthetical and remediable damages (repair cost)

Deterioration rendering good unfit for renting, loss or theft (replacement cost)

Range 1 Products

Sheets and towels, Changing mat, Toys, Toilet seat reducer, Potty, Night light, Mosquito net, Parasol, Mattress

30 BRL

30 BRL

Between 10 and 40 % of the replacement cost

Between 35 and 90 BRL

Range 2 Products

Booster seat, Car booster seat (15 to 36 kg), Beach shelter

50 BRL

50 BRL

Between 10 and 60 % of the replacement cost

Between 150 and 200 BRL

Range 3 Products

Audio monitor, Baby Bath Tubs, Bed rail

50 BRL

100 BRL

Between 10 and 60 % of the replacement cost

Between 200 and 250 BRL

Range 4 Products

Baby cooking 110 V, Standard high chair, Bouncer, Walker, Multi-position Napper

50 BRL

100 BRL

Between 10 and 75 % of the replacement cost

Between 250 and 400 BRL

Range 5 Products

Travel cot, Car seat (0 to 25 kg), Multi-position mattress and playground

50 BRL

100 BRL

Between 10 and 75 % of the replacement cost

Between 400 and 500 BRL

Range 6 Products

Multi-position high chair, Baby carrier backpack, Lightweight stroller

50 BRL

100 BRL

Between 10 and 75 % of the replacement cost

Between 600 and 1200 BRL