TERMS AND CONDITIONS
This is a fairly simple policy: We rent you the gear, you enjoy the gear and return the gear back to us as promised. 99 percent of the time this works flawlessly; the other 1 percent of the time usually involves damaged/destroyed gear, lost gear, non-returned gear or something else we can’t repeat. For everybody’s sake, we have the following rental policy in place. Mountain Side Gear Rental is also referred as MSGR in this document and throughout the website.
GEAR AVAILABILITY. At peak times, inventory may not be available for your desired Start Date. You will be contacted if your Order cannot be fulfilled due to prior inventory commitments or other reasons. This is a rare occurrence, but if it happens, we will call you and arrange a suitable arrangement.
Shipping of Gear: Any cancellations within 14 days of the scheduled delivery date will result in a processing fee of 50 percent of the reservation rate, charged to your card, as MSGR went to the trouble of setting the gear aside and now hope to rent the gear to someone else. Once the gear has shipped, no cancellation, refund or discount to your rental is warranted, regardless of the rental term.
Picking up Gear: All orders must be cancelled with MSGR at least five (5) days prior to the scheduled pickup date to avoid cancellation fees. Any pick-up order cancelled within this five (5) day window is charged 50 percent of the reserved rental rate.
CHARGES. For all reservations made 30+ days out from rental start date, MSGR will charge your credit card at the time of reservation. We do this to ensure on-time delivery of your rental; all other CANCELLATION policies are in effect. All reservations made with delivery or rental start dates within 30 days will result in credit card charges either at time of gear pick-up or the week MSGR ships the rental gear; all other CANCELLATION policies remain effect.
START DATE. The starting date submitted with your rental order should be the latest date you need the gear to depart on your trip. When shipping gear, we have absolutely no control over the time of day the gear is delivered to you when utilizing our standard shipping process of UPS Ground (See more under SHIPPING). When picking up gear at our designated pick-up and drop-off point, we will have your gear ready for pick-up during normal business hours of that day. If you have special circumstances, please contact us as we may be able to put together a Plan B or even a Plan C.
DROP-OFF DATE. On this date, the gear must be cleaned, re-boxed and dropped off for shipment to any UPS office or authorized center, such as a UPS Store, or returned to our designated pick-up and drop-off point. Your Drop-off Date depends on your selected rental term. If you keep the gear beyond the initially agreed to time, you will owe additional rental fees. Examples:
- 3-DAY RENTAL: The rental gear for a Friday is normally delivered to you on Thursday. Monday is your drop-off date. A Tuesday Start Date has a Friday Drop-Off Date.
- 7,14,21 DAY RENTALS: Your Drop-Off Date is on the same day of the week as your Start Date, 1, 2, or 3 weeks later.
- MONTHLY RENTAL: Your Drop-Off Date is on the same day the following month, unless this falls on a weekend, in which case the Drop-Off Date is the following Monday.
DEPOSITS. It is up to MSGR’s discretion as to when a deposit may be necessary. Large orders and similar circumstances may require a deposit and you agree to those terms when made. Deposits are released upon return of the gear in the same condition as when delivered; normal wear and tear excepted. Any costs or losses exceeding the deposit amount are charged to the credit card on file.
SHIPPING. You are responsible for all shipping charges. We can ship to anywhere UPS delivers whether it be to your home, business, a friend’s house or a resort. It is your (the CUSTOMER) responsibility to ship the gear to MSGR no later than the day after your stated rental end date. You are responsible for all return shipping costs. OBTAIN A RECEIPT FROM THE AUTHORIZED UPS AGENT AS PROOF YOU RETURNED THE GEAR TO MSGR AS YOU ARE RESPONSIBLE FOR THE GEAR UNTIL IT IS RETURNED TO MSGR. IT IS STRONGLY RECOMMENDED YOU PURCHASE UPS INSURANCE AS YOU ARE RESPONSIBLE FOR THE RETURN OF THE GEAR TO MSGR.
Shipping fees calculated by the MSGR Shopping Cart is based on UPS Ground shipping from our facility in Golden, Colo. to your designated point of delivery. Please ensure the address provided by you is correct as all refused deliveries are considered as a complete rental transaction. Note we have absolutely no control over the time of day gear is delivered to you, when utilizing our standard shipping process of UPS Ground. The UPS driver has the absolute final decision regarding leaving the package on a front porch or at an apartment. If for whatever reason the driver does not deem it secure and does not leave the package at your designated ‘Ship To’ address, MSGR is not liable. It is up to you to ensure someone is home for the delivery, if this is applicable.
Shipments refused for other than our designated culpability will be processed as a completed rental transaction, with the full rental fees assessed to the renter. If you have us ship to someone else, and they lose it or you can’t get to it (hotel stashed it away; closed business, etc.), it’s not our fault.
We attempt to get the gear to you at least one day before your Start Date, if ordered in a timely fashion, but only guarantee delivery by the end of the day of the Start Date.
LATE CHARGES. If you do not deliver the gear for return shipment by your required Drop-Off Date, the rental term is extended, and the rental fee may be increased by the 1-3-day rate. We understand sometimes things happen; just call us and talk to us. We may be able to work something out. Understand, though, we are in the gear rental business and if you don’t get it back to us on time we will charge a late fee.
LOSS/THEFT/NON-RETURN. You are responsible for the gear at all times between delivery and return to our facility. If something happens, contact us. We are not looking to make money off of your misfortune but know we will have to replace the gear and you will be responsible for any associated costs. No exceptions.
CLEANING. You must return the gear to us free of mud and heavy dirt. The gear must be dry before shipping to us to avoid mildew or mold, which can zap the gear by the time it is returned. There is a minimum $50/hour cleaning fee charged to all customers for any additional cleaning required due to your rental.
DAMAGES. Our rental rate assumes a limited amount of wear, which may occur with a rental use. However, rips, tears, excessive dirt or stains, mildew, or missing parts noted upon return, will result in additional charges against your credit card for repair or replacement. Minimum $50 cleaning fee for all gear returned wet, dirty, muddy, or any or other condition listed previously. This is solely the discretion of MSGR.
SNOWSHOES. Snowshoes are made to walk on snow only. It is your responsibility to understand the trail conditions and when it is safe to snowshoe. Walking on any surface other than snow such as, but not limited to, parking lots, rocks, dirt, concrete, wood or gravel, will damage the snowshoes. You will be charged full retail price to replace damaged snowshoes.
LIABILITY. MSGR is not responsible for any personal injury incurred while using our rental gear, or anytime you have the gear in your possession or otherwise. It is understood and agreed there are inherit dangers associated with camping, backpacking, hiking and any other activity you may engage in while using our rental gear. We do not expressly or otherwise guarantee or warrant the rental gear for any specific performance or purpose other than as it is described. If any item malfunctions or fails to perform as it is described, you agree our maximum liability to you is the rental fee associated with the item. It is understood the elements, Mother Nature, and any other confluence of events while outdoors, can and will create less than ideal conditions for your adventure and MSGR cannot and will not assume any financial assumption related to the quality of your use of our gear.
Stoves, coffee-related items, tents and sleeping bags require special considerations and cautions associated with use. It is your responsibility to familiarize yourself with the user manuals for each item, to check the items prior to each use, and to use them properly. DO NOT EVER COOK OR USE AN OPEN FLAME IN A TENT – YOU WILL DIE.
You hereby agree any disputes arising out of, or relating to, your rental of our gear, which cannot be agreed to by both parties, shall be brought in the Jefferson County court system in Golden, Colo. This agreement and any contract the courts may deem to have existed between the parties shall be subject to and interpreted in accordance with the laws of the State of Colorado.
You hereby agree to indemnify, defend and hold harmless MSGR, JTH Endeavors LLC and its officers, directors, employees and agents from and against any and all liabilities, losses, damages, demands, claims, suits, actions, judgments, causes of action, assessments, costs and expenses, including, without limitation, interests, penalties, attorneys’ fees, any and all expenses incurred in investigating, preparing and defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all amounts pain in settlement of any claim or litigation, asserted
While we will provide you gear as described in our product descriptions, we do not expressly or otherwise guarantee or warrant the gear for any specific performance or purpose other than as it is described. The picture associated with the product description may not be accurate do to model year changes or a different manufacturer. If any item of gear malfunctions or otherwise fails to perform its described functions when used properly, our maximum liability to you is the rental value paid for the item.