Blue Sky Golf Rental
Terms and Conditions of Rental — United States

Applicable to bookings made through usa.blueskygolf-rental.com.

These terms and conditions (“Terms”) apply to the rental of golf equipment between you, as the “Renter” as defined below, and us, “BSG”, as defined below. These Terms do not affect any rights you may have as a consumer under applicable federal, Delaware law or the laws of the state where delivery of BSG equipment occurs.

1. Definitions

a. “BSG” means Blue Sky Golf Rental.
b. “the Renter” means the person or persons identified on the booking submission form. Where more than one person is named as the Renter, each such person is jointly and severally responsible for performance of the contract described in Section 2.
c. “Booking submission form” means the form completed by the Renter, which incorporates these Terms by reference.
d. “rent” means the provision of equipment by BSG to the Renter for the agreed rental period, at the agreed cost, subject to these Terms.
e. “equipment” means the golf clubs and related equipment provided to the Renter by BSG, as detailed on the booking submission form.

2. Contract Formation

a. The Renter must submit a booking submission form to BSG for the equipment the Renter wishes to rent, fully completed with all details requested by BSG.
b. The Renter must be 18 years of age or older. Any person using the equipment must be 16 years of age or older with the exception of equipment specified for children or youth.
c. BSG must receive a deposit or full payment before the Renter's order can be accepted. Once payment has been received, BSG will confirm the booking by email to the address provided on the booking submission form.
d. BSG's acceptance of the booking creates a legally binding contract between BSG and the Renter.
e. It is the Renter's responsibility to ensure that all information given on the booking submission form is complete and accurate. If the details provided are incomplete, misleading, or incorrect, the Renter is responsible for all costs associated with any remedial action required as a result.
f. Cancellation of a booking prior to delivery is governed by Section 13 (Cancellations and Refunds) below. Once the Renter has accepted delivery of the equipment, or the rental period has otherwise commenced, the booking is not eligible for cancellation or refund.

3. Rental Period

a. The rental period begins on the date the equipment is delivered to the Renter and ends on the date the equipment is collected by BSG. Both the delivery date and the collection date count as full rental days. If equipment is delivered after 8:00 p.m., the delivery date is deemed to be the following day. The minimum rental period is one day; the maximum rental period is ninety days.

4. Rental Charges

a. The rental charge is payable in advance at the time the Renter receives confirmation of availability from BSG by email or through the website. The rental charge is as set out on the BSG website.
b. Delivery and collection charges, where applicable, are set out on the BSG website and are payable in advance at the time the Renter receives confirmation of availability.
c. If the Renter does not make the equipment available for collection on the agreed date, the Renter will be responsible for an additional rental charge until the equipment is collected. If the Renter does not return the equipment before the end of the agreed rental period, BSG may charge the Renter the full rental charge, or a proportion of it, as BSG reasonably determines.
d. The rental charge does not include applicable state and local sales and use tax, which will be added at checkout in accordance with applicable law.
e. The rental charge applies on Saturdays, Sundays, and federal and state holidays.

5. Delivery and Collection of Equipment

a. BSG will deliver the equipment specified on the booking submission form to the address, date, and time slot specified by the Renter. The Renter must produce a valid government-issued photo ID (such as a driver's license, state-issued ID, or passport) and a valid credit card at the time of delivery; failure to do so entitles BSG to refuse delivery. An authorization hold will be placed on the Renter's credit card, to be used only in the event of subsequent loss of, or damage to, the equipment, up to the Renter's liability limit (see Section 7, “Care of Equipment; Damage Waiver”).
b. The Renter will make the equipment available for collection by BSG at the address, date, and time specified on the booking submission form, as approved by BSG in its acceptance of the booking.

6. The Renter's Responsibilities

a. It is the Renter's responsibility to ensure the equipment ordered is suitable for the Renter's needs. At delivery, the Renter is responsible for confirming the equipment matches the order and is in suitable condition. The Renter will be asked to sign a delivery receipt confirming (i) delivery of the equipment and (ii) that the equipment is in suitable condition.
b. If, at delivery, any equipment is found to be faulty or does not match the order, the Renter must notify BSG at the time of delivery. Failure to provide such notice means BSG has no liability to the Renter with respect to that defect. On receiving such notice, BSG will use reasonable efforts to provide suitable replacement equipment.

7. Care of Equipment; Damage Waiver

a. The Renter is responsible for the care and security of the equipment throughout the rental period. The equipment remains under the Renter's control at all times from delivery to collection, and the Renter must ensure it is used safely, without risk to health, and only for its intended purpose. The equipment must not be used by any person under the age of sixteen, with the exception of equipment specifically designed and rented for children or youth.
b. The Renter is responsible for, and will indemnify BSG against, all loss of or damage to the equipment, from whatever cause.
c. The Renter may not remove the equipment from a 100 mile radius of the agreed upon delivery address, or otherwise transport the equipment outside of the United States, without BSG's prior written consent.
d. The Renter agrees to pay all costs BSG incurs in remedying damage to, or cleaning the equipment from excessive wear and tear; and rental charges continue to accrue until such work is complete.
e. If the equipment fails during the rental period, BSG will use reasonable efforts to repair or replace it with equipment of the same or similar specification within one business day, at no charge to the Renter.
f. If equipment failure is due to the misuse, negligence, or fault of the Renter, or the Renter's guests or associates, BSG reserves the right to pass on the repair costs to the Renter. The Renter must not attempt any repairs to the equipment.
g. Damage Waiver Coverage is available to limit the Renter's liability for loss of or damage to equipment while in the Renter's possession. Liability limits under each coverage option are set out in the table below (prices in U.S. dollars):

*To qualify as a broken club, the head and broken shaft must both be returned. Otherwise, the claim will be treated as lost/stolen.

8. Ownership of Equipment

a. The equipment remains the sole property of BSG at all times. The Renter may not sell, pledge, rent out, or otherwise deal with or part with possession of the equipment or any part of it.

9. Events Beyond BSG's Control

a. BSG has no liability to the Renter for any failure to deliver equipment or goods, or any delay in doing so, or for any damage or defect caused by any event or circumstance beyond BSG's reasonable control, including without limitation labor disputes, breakdown of systems or network access, severe weather, flood, fire, explosion, epidemic or pandemic, or other public health emergency.

10. Termination

a. BSG may terminate the contract with the Renter if the Renter breaches the contract or these Terms.
b. BSG may terminate the contract if there is insufficient equipment or goods to fulfill the Renter's order.
c. BSG may terminate the contract for an unforeseen operational reason.
d. If BSG terminates the contract, BSG will notify the Renter by email or letter and will refund the Renter the full rental charge, or the applicable proportion of it. BSG is not obligated to provide any additional compensation for inconvenience or disappointment.

11. Privacy Policy

a. The Renter acknowledges and agrees to be bound by BSG's Privacy Policy, available on the website.

12. Additional Goods for Purchase

a. As an additional service, BSG may make goods available for purchase as described on the website. Orders for such goods should be made through the website along with the rental booking.
b. All orders are subject to BSG's approval and product availability. BSG reserves the right to change prices on its website without prior notice. Goods advertised on BSG's website are an invitation for the Renter to make an offer to purchase; acceptance occurs only when BSG accepts the order, as described in Section 2. Goods purchased will be delivered along with the equipment at the start of the rental period. Payment for goods is due in advance, together with the rental charge described in Section 4.

13. Cancellations and Refunds

a. Cancellations of a confirmed booking prior to delivery will be issued a voucher code, redeemable at any time in the future, with unlimited date changes, for a booking in the same region as the original reservation.

14. Dispute Resolution; Binding Arbitration; Class Action Waiver

a. Informal Resolution. Before commencing arbitration or any legal proceeding, the parties agree to first attempt to resolve any dispute informally by contacting BSG and allowing thirty (30) days for resolution.
b. Agreement to Arbitrate. Except for claims that qualify for small claims court, or claims for injunctive relief relating to unauthorized use or return of the equipment, the Renter and BSG agree that any dispute, claim, or controversy arising out of or relating to these Terms or the rental of equipment will be resolved exclusively by final and binding arbitration, rather than in court, except that either party may bring an individual action in small claims court.
c. Arbitration Rules. Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect. Arbitration will be conducted in Kent County, Delaware, or another mutually agreed location, or, at the Renter's election, by telephone or written submissions.
d. Class Action Waiver. Arbitration and any court proceeding permitted under this section will be conducted only on an individual basis, and not as a class, consolidated, or representative action. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of class or representative proceeding.
e. Opt-Out Right. The Renter may opt out of this arbitration agreement by sending written notice to BSG within thirty (30) days of first accepting these Terms. If the Renter opts out, neither party is bound by the arbitration or class action waiver provisions of this section, and disputes will instead proceed under Section 16 (Governing Law).

Address for Notification:
Blue Sky Golf Rental
4083 Rosewall Ct
Harrisburg, PA 17112

f. Severability. If any part of this arbitration provision is found unenforceable, the remainder will stay in force, except that if the class action waiver is found unenforceable, the entire arbitration provision will be null and void.

15. General Terms

a. If any of these Terms is held unenforceable or invalid (including any provision limiting BSG's liability), the remaining Terms will stay in full force and effect. No waiver of any right or breach under these Terms is effective unless in writing and signed by an authorized representative of BSG.
b. Except as precluded by law, BSG will not be liable to the Renter for any indirect or consequential loss, damage, or expense (including lost profits, business, or goodwill) arising out of any issue the Renter raises with BSG, and BSG's liability to the Renter will not exceed the amount the Renter paid for the rental charge, except that nothing in these Terms limits any right the Renter may have as a consumer under applicable federal, state or local law, or excludes or limits BSG's liability for death or personal injury resulting from BSG's negligence.

16. Governing Law

a. These Terms, and any dispute arising out of or relating to them, are governed by the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to Section 14 (Dispute Resolution; Binding Arbitration; Class Action Waiver), the parties consent to the exclusive jurisdiction of the state and federal courts located in Kent County, Delaware for any claims not subject to arbitration.

17. Entire Agreement

a. These Terms, together with the current prices on BSG's website, the booking submission form, delivery details, contact details, and Privacy Policy, set out the entire agreement between the Renter and BSG relating to the rent of equipment and the supply of goods. No statement by any BSG representative should be understood as varying these Terms or as an authorized representation about the equipment or the nature or quality of any goods for sale. Except in the case of fraud or fraudulent misrepresentation, BSG has no liability for any such representation being untrue or misleading.