Terms and Conditions

For the purpose of this Rental Agreement:

Boho Tropic Rentals (BTR) shall mean the Rental Company, its owners, and employees. 

  • Customer(s) shall mean Customers, guests/visitors of customer, and their agents, contractors and/or employees. 

  • Rental Agreement shall mean the itemized list of items contained in the electronic estimate or invoice emailed or faxed to the Customer, who by virtue of having signed the estimate or invoice, and/or paid an advance deposit or in full, expresses his or her agreement with the contents of the Estimate or Invoice. 

  • Rental Center shall mean Boho Tropic Rentals showroom or warehouse, or any other facility owned or leased by Platinum Party Rentals where the storage, maintenance or transfer of its equipment occurs. 

 In reference to leasing the rental item(s) / equipment described on the Rental Agreement, it is agreed as follows:

  1. INDEMNITY/HOLD HARMLESS.

Customer will take all necessary precautions regarding the items rented and protect all persons and property from injury or damage. 

Customer agrees to hold harmless from and against all liability, claims, judgments, attorneys’ fees and costs of every kind and nature, including, but not limited to, injuries or death to persons and damage of property, arising out of the use, maintenance– installation, operation, possession, ownership, or rental of the items rented, despite cause. 

  1. ASSUMPTION OF RISK/RELEASE DISCHARGE OF LIABILITY.

Customer is fully aware of and acknowledges that there is a risk of injury, death, or damage arising out of the use or operation of the items contained in the Rental Agreement and hereby elects to voluntarily enter into this Agreement and assume all the risks. 

Customer agrees to release and discharge Boho Tropic Rentals from any and all responsibility or liability from such injury, death, or damage arising out of the use or operation of the rental items. Customer further agrees to waive, release and discharge any and all claims for injury, death, or damage against Boho Tropic Rentals, which customer otherwise may be entitled to assert. 

POSSESSION/ TITLE.

BTR agrees to reserve all items listed in the Rental Agreement on behalf of the Customer only after the following have been received from the customer.

  • A non-refundable deposit equal to 50% of the total cost specified in the Rental Agreement (or a lesser amount determined at the sole discretion of BTR)

  • A signed & dated copy of these Terms and Conditions; and

  • A signed & dated rental agreement.

The remaining balance of the rental agreement must be paid 7 days prior to delivery OR pick up, unless otherwise specified by BTR. If this obligation is not met, BTR reserves the right to either cancel the order without refunding the initial 50% deposit or apply overdue payment charges equal to the highest APR allowed by California law. 

Customer’s right to possession of the rental items: 

  • It is for a 2-day period. Equipment returned after the 48-hour period will be charged for an additional fee. 

  • It begins when the rental items leave the rental center in the care of the customer, or when the customer accepts and signs for the delivery of the rental items upon delivery. 

  • In the renter's absence, the equipment may be signed by an individual designated by them. This individual is automatically given the legal right by the renter to accept liability for the equipment on the renter’s behalf. 

  • The rental agreement terminates once BTR has regained possession of the rental equipment. 

  • Any extension of the agreement must be agreed upon by BTR in writing. 

  • Title of the rental items shall always remain with BTR. 

  • Customer authorizes BTR to retake possession of the rental items without notice or legal process at any time, despite whether the equipment is on private property. 

  1. LEGAL FEES.

Customer will pay all collection fees, attorney’s fees, court costs, or any other expenses required to enforce the items and conditions of this contract. Any lawsuits that may occur between BTR and their customers must be filed in San Diego County, and any litigation will be held in a San Diego Court 

  1. MISCELLANEOUS.

The Rental Agreement may be executed or delivered by fax, or other electronic means such as email or text. The Rental Agreement is valid whether properly signed by the Customer or not, so long as the Customer takes possession of the rental items. It is also valid if signed by another party signing on behalf of the Customer, in which case the signing party will sign their own name, and then print C/O (Care Of) “Ordering Party.”

  1. UNSAFE CONDITIONS.

Boho Tropic Rentals reserves the right to refuse to install or deliver rental equipment due to unsafe conditions or weather. If this occurs, Customer will be liable for a minimum of 50% of the total cost specified in the Rental Agreement. In the absence of unsafe weather or other conditions, Boho Tropic Rentals will use all appropriate means and methods to secure the rental equipment for the safety of the Customer and the equipment.

Boho Tropic Rentals is not responsible for underground utilities, and charges for time out, whether equipment is used or not. If permission is granted by the Customer to stake anything into the ground at their desired location, then it is the sole responsibility of the Customer to check for underground utilities and water mains.

  1. CANCELLATIONS.

All customers will provide a 50% NONREFUNDABLE DEPOSIT in order for BTR to reserve their order.

  • Customers who cancel their orders at any time after a deposit is provided WILL LOSE THEIR DEPOSIT regardless of their circumstances or reasons for cancellation.

  • Adjustments to orders can be made until 7 days prior to delivery (except for specialty items – see below). However, any such adjustments shall not reduce the total price of the invoice below the amount of the NON-REFUNDABLE 50% DEPOSIT.

  • Specialty items include personalized, customized & items that require BTR to manufacture, sub-rent, or purchase equipment. Specialty items are non-refundable once they have been ordered by BTR, or manufacturing of such items has begun.

  1. CUSTOMER PICK UP AND RETURN.

  • Customers may pay C.O.D., but once the rental agreement is signed, the customer guarantees payment for the equipment reserved. 

  • BTR will reserve will call/pickup orders only if a rental agreement and this document has been signed. If the customer fails to pick up their order on the specified date, then BTR may re-rent the equipment; or if the equipment goes unrented, then BTR MAY STILL COLLECT A MINIMUM OF 50% FROM THE CUSTOMER. 

  • Responsibility for customer-pickup rental items remains with the customer from time the items leave the Rental Center until the time they are returned. 

  • The Customer is responsible for loading, unloading, and securing items within his or her vehicle and for any damage they may suffer during those operations. 

  • BTR will assist the customer in loading if available, but BTR will not be held liable for traffic accidents or damages to vehicles or rental equipment in transit due to improper loading.

  • Items returned after the return date specified in the Rental Agreement will incur additional fees to be determined by BTR.

  1. DELIVERY CHARGES

    Minimum delivery charges are based on 1–4-hour delivery windows with “non-same-day” pickups. Same-day and/or late evening pickups can be arranged for additional charges.

    Customers must be present for their entire delivery window. BTR will grant a 15-minute waiting period, after which the customer will be charged for waiting time up to $20.00 per hour billed in 5 minute increments.

    Orders will only be eligible for delivery if the cost of the equipment excluding delivery and labor meets our current minimum. This price may vary throughout the season- please call for our current minimums to qualify for delivery.

    BTR offers setup/breakdown services of equipment for additional charges.

    “Curbside delivery,” is defined as:

  1. Delivery to a ground level location on a flat, hard surface, within twenty-five (25) feet of the nearest loading area with no steps or obstructions. 

  2. BTR will stack items neatly and securely with reasonable access for the Customer. 

  3. All equipment must be re-stacked and made ready for pick up by the Customer in the same way it was delivered. 

  4. There will be a minimum two-hour window for both delivery and pickup (unless otherwise arranged in writing with BTR). 

    BTR may assess additional charges at a rate of up to $80 per hour when delivery conditions cause BTR to incur additional labor costs, including, but not limited to:

    • deliveries impeded by stairs, elevators, steep or uneven surfaces, standing water, mud, or soft surfaces like sand loose gravel.

    • deliveries that involve waiting times of more than 15 minutes.

    • customer requires a precise (to within 15 minutes) delivery or pickup time.

    • last-minute or rush deliveries or pickups; and/or

    • Inaccurate delivery locations or directions supplied by the Customer.

  1. EQUIPMENT USAGE AND RETURN

All glassware & drinkware must be rinsed reasonably free of any food debris. If the Customer fails to do so, then BTR will charge an additional $0.25 cents per piece to be deducted from the security bond. Additionally, Customer is responsible for any loss or damage to rental items regardless of cause or fault, including acts of God, and BTR has 72 hours after retaking or receiving possession of rented merchandise to assess its condition and determine whether damage occurred while it was in the possession of the renter.

In such instances, unless the items in quest ion are covered by a damage waiver, the Customer agrees to pay BTR for:

  • All labor costs associated with repair and/or attempted repair of damaged equipment.

  • Replacement equipment (if necessary)

  • Replacement of equipment directly related to the normal quality and functionality of the damaged equipment.

  • All shipping or delivery fees associated with the replacement or repair of damaged equipment.

  1. DAMAGE WAIVER

An 8% charge will be applied to all rental items to cover the cost of normal cleaning and maintenance. This does not cover LOSSES, THEFT OR DISAPPEARANCE OF EQUIPMENT

DUE TO CUSTOMER NEGLIGENCE. Broken items must be returned in their broken state, or they will be considered stolen. Replacement of lost or damaged items is chargeable in addition to the damage waiver charge.

  1. LOCAL RULES AND REGULATIONS

All rules and regulations governing an event site must be provided in writing to BTR prior to the delivery of rental equipment. All fines incurred as a result of non-disclosure of such regulations are the responsibility of the customer.

Please use the space provided below to list any rules or regulations that BTR must follow during delivery, setup or removal of rental equipment as put forth by the owners or designated managers of the event location.

Disclaimer of Warranties

You Acknowledge & Agree that the services & the products are provided “AS IS, AS AVAILABLE,” without any warranty of any kind.

Limitation of Liability - General

We will not be liable for nonperformance or delay in performance caused by any reason, whether within or outside of our control.IN NO EVENT WILL WE BE LIABLE UNDER CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. WE WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM (A) THE USE OF OR THE INABILITY TO USE THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR (E) ANY PERSONAL INJURY OR PROPERTY DAMAGE THAT MAY RESULT FROM THE USE OF ANY OF THE PRODUCTS. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE GREATER OF FIFTY U.S. DOLLARS ($50.00) OR ANY AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SPECIFIC SERVICES OR PRODUCTS AT ISSUE DURING THE SIX (6) MONTHS PRIOR TO THE DATE ON WHICH THE BASIS FOR THE DISPUTE HAS OCCURRED. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OR OUT OF THE SERVICES AND/OR THE PRODUCTS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY DAMAGES AS CONTAINED IN THESE TERMS AND, IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.