Customer Terms & Conditions

    Specific terms for renters and customers

    Customer Terms of Service

    Last Updated: February 2, 2026 | Effective Date: February 2, 2026 | Version: 2.0

    📋 CHANGES IN VERSION 2.0

    • Added Section 4 (Optional Protection Products) - clarifying these are NOT insurance
    • Added Section 11 (Consumer Rights) - Australia, Canada, and US consumer protections
    • Renumbered subsequent sections (Arbitration now Section 12, Miscellaneous now Section 13)
    • Updated Section 13.5 (Governing Law) to reference consumer rights exceptions
    • Updated important notice to reference new section numbers

    FOR ALL CUSTOMERS: IMPORTANT LEGAL NOTICE

    PLEASE BE AWARE THAT SECTION 12 CONTAINS PROVISIONS GOVERNING HOW TO RESOLVE DISPUTES BETWEEN YOU AND RENTALTIDE (THE "ARBITRATION AGREEMENT"). AMONG OTHER THINGS, SECTION 12 INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 12 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER.

    UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS, YOU: (1) WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AGAINST US THROUGH BINDING, FINAL ARBITRATION, AND (2) IRREVOCABLY WAIVE YOUR RIGHT TO PURSUE DISPUTES IN A COURT OF LAW AND TO HAVE A JURY TRIAL.

    SECTION 4 EXPLAINS THAT OPTIONAL PROTECTION PRODUCTS ARE NOT INSURANCE.

    Table of Contents

    1. Relationship between you, the Operator, and RentalTide
    2. Conditions for making use of the Service
    3. Booking Fee
    4. Optional Protection Products
    5. Right to cancel, errors and mistakes
    6. Access and Interference
    7. Intellectual Property Rights
    8. Privacy
    9. Termination
    10. Limitation of Liability
    11. Consumer Rights
    12. Arbitration Agreement
    13. Miscellaneous

    Introduction

    These Terms of Service for Customers ("Terms of Service") are between you, the person making use of the Service, ("you", "your", "Customer") and RentalTide Inc., a corporation incorporated in Delaware, United States, with additional registration in Canada ("RentalTide", "we", "us", or "our"), and describe your rights and responsibilities when using our online booking, reservation, and facilitated payments solution (the "Service"). PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

    These Terms of Service are a legally binding contract between you and RentalTide, a comprehensive online booking and reservation solutions company for rental businesses ("Operator" or "Operators"), that acts as a limited purpose payment agent on your behalf, allowing customers like you to book and pay for rental reservations online. Upon completion of an online booking, reservation or purchase, you confirm that you have read, understand, and agree to be bound by these Terms of Service.

    1. Relationship between you, the Operator, and RentalTide

    1.1 Rental Contract

    Upon using the Service to complete the online reservation process and purchase an Operator's product or service ("Booking"), you enter into a direct contractual relationship (the "Rental Contract") with the Operator. RentalTide is not a party to the Rental Contract.

    1.2 Contract Obligations

    You acknowledge and agree that the Operator, not RentalTide, is solely responsible for (a) performing Operator's obligations under the Rental Contract, and (b) informing you of any relevant policies and practices that you are required to comply with. Additionally, when you enter into a Rental Contract with an Operator, you agree and understand that you accept any terms, conditions, rules, and restrictions associated with said Rental Contract and any relevant policies and practices.

    1.3 Separate Parties

    RentalTide does not (a) exercise any control or authority over Operator, its employees, agents, or representatives; (b) own, sell, furnish, provide, rent, manage, or control the Operator's products and services; or, (c) own or possess any right, title, or interest in Operator's rental assets.

    1.4 No Partnership

    RentalTide and its Operators operate independently, and you agree that nothing in these Terms of Service shall be interpreted to create an association, joint venture, agency relationship, or partnership between RentalTide and an Operator.

    1.5 Facilitated Payment

    RentalTide's responsibilities are limited to providing the Service for your use, which includes (a) facilitating all payments for Bookings made using the Service, (b) acting as a limited purpose payment agent on your behalf to collect the amount to be paid to the Operator under the Rental Contract for the purchased product or service ("Activity Price"), and (c) paying the Activity Price to the Operator on your behalf. To fulfill these responsibilities, RentalTide engages with licensed payment services providers ("PSP").

    1.6 Credit Card Authorization

    You authorize RentalTide and the applicable PSP, as part of fulfilling the payment facilitation responsibilities described in Section 1.5 above, to charge your credit card for the Activity Price and the Booking Fee or obtain pre-authorization via your credit card for the Activity Price and the Booking Fee, including any applicable taxes.

    1.7 Activity Information

    The Operator is solely responsible for the information regarding Operator's products and services that can be booked through the Service. More specifically, it is the Operator's sole responsibility that the information provided to you regarding Operator's products and services (and the terms and conditions related thereto) is complete, correct, adequate, and current. RentalTide is not an agent or representative of the Operator, and makes no representations or warranties of any kind, whether express or implied, to you relating to information about Operator's products and services.

    2. Conditions for making use of the Service

    2.1 Capacity

    To the extent prohibited by applicable law, the Service is not intended for and should not be used by anyone under the age of eighteen (18). By using the Service, you represent that: (a) you are at least eighteen (18) years old; (b) you possess the legal authority to enter into binding legal obligations; (c) you are a private consumer which, as opposed to a business, is a natural person who enters into a legal transaction for purposes which are predominantly outside its commercial and/or self-employed activities; and, (d) you will only use the Service to make a legitimate Booking for yourself or for another person for whom you are legally authorized to represent.

    2.2 Third-party Use

    If you make a Booking for a third-party, you agree to assume responsibility for (i) informing the third-party of the terms set out in the Rental Contract, and (ii) obtaining the third-party's agreement to the terms of the Rental Contract.

    2.3 Alternate Means

    You agree to refrain from using the Service to circumvent any obligation to pay a fee to RentalTide, e.g., locating an Operator but completing the transaction using means other than the Service.

    3. Booking Fee

    3.1 Booking Fee

    RentalTide charges, and you agree to pay, a fee for using the Service to obtain (and make payment for) a reservation for Operator's products or services ("Booking Fee"). This may include either (a) Bookings you make online via our Online Booking System (referred to as "Online Direct") or (b) Bookings made in person via the Operator and subsequently the respective Operator's use of our Online Booking System (referred to as "Offline Direct"). The amount of the Booking Fee is clearly displayed in the Booking funnel.

    3.2 Taxes

    The Booking Fee is inclusive of any applicable taxes.

    3.3 Collection

    The Booking Fee may be collected from you together with the Activity Price.

    3.4 International Fees

    Additional fees or charges may be imposed by your financial institution for international transactions.

    3.5 Partial Refunds

    In the event that an Operator refunds a portion of the Activity Price to you, you agree that RentalTide has the right to retain the full amount of the applicable Booking Fee as consideration for services rendered.

    3.6 Full Refunds

    Except as otherwise provided for within these Terms, Booking Fees are non-refundable. Notwithstanding the foregoing, RentalTide may refund Booking Fees at its discretion.

    3.7 Gift Cards

    In the event that an Operator cancels a Rental Contract and provides you with a gift card, gift certificate, or voucher as compensation, you agree that you will only be entitled to reimbursement for an amount equal to the Activity Price, and that RentalTide has the right to retain the full amount of the Booking Fee as consideration for services rendered.

    3.8 Regulatory Cost Recovery Fee

    RentalTide may charge a Regulatory Cost Recovery Fee at some locations, calculated as a percentage of the gross transaction amount processed through the Service. The current rate of this fee is 0.7 percent, unless otherwise disclosed in writing.

    This fee is retained by RentalTide and is used to recover a portion of the costs associated with:

    • Regulatory compliance
    • Government and business registrations
    • Payment and merchant verification
    • Tax administration and reporting
    • Audit and record-keeping obligations
    • Other jurisdiction-specific administrative requirements related to operating and processing transactions in your region

    The Regulatory Cost Recovery Fee is not a government-imposed tax, levy, or statutory fee, and is not collected on behalf of any governmental authority.

    RentalTide reserves the right to update or adjust the Regulatory Cost Recovery Fee from time to time. Any changes will be communicated in advance and will apply prospectively.

    4. Optional Protection Products

    ⚠️ IMPORTANT: NOT INSURANCE

    Optional protection products offered through our platform are contractual waivers and liability limitations only. They are NOT insurance products and are not regulated as insurance. If you require insurance coverage, consult with a licensed insurance professional in your jurisdiction.

    4.1 Protection Products Overview

    Operators may offer optional protection products at the time of booking, which may include:

    • Damage Waiver: Limits your financial responsibility for accidental damage to rental assets
    • Tow/Breakdown Waiver: Covers towing expenses for qualifying mechanical failures
    • Liability Waiver: Limits operator's right to seek recovery for certain third-party claims
    • Cancellation Protection: Allows cancellation with fee waiver within specified timeframes
    • Carbon Offset: Voluntary environmental contribution program

    4.2 Protection Product Terms

    • Protection products are offered by and contracted with the Operator, not RentalTide
    • Coverage amounts, exclusions, and specific terms vary by Operator and jurisdiction
    • Amounts displayed in USD, CAD, or AUD based on rental location
    • Full terms are displayed at time of purchase and in booking confirmation

    4.3 Key Exclusions (Applicable to All Protection Products)

    The following are never covered by any protection product:

    • Gross negligence, reckless behavior, or willful misconduct
    • Intentional damage or misuse
    • Operation while impaired by alcohol, drugs, or medication
    • Violations of the rental agreement or applicable laws
    • Damage caused by unauthorized operators
    • Pre-existing damage or conditions
    • Fraud or misrepresentation

    4.4 Protection Product Refunds

    • Protection product fees are generally non-refundable once purchased
    • If your booking is cancelled within the cancellation protection timeframe, the protection fee is not refunded
    • Refund policies for protection products are set by individual Operators

    4.5 Claims and Disputes

    • All claims under protection products must be submitted to the Operator
    • RentalTide does not adjudicate protection product claims
    • Disputes regarding protection products are between you and the Operator

    5. Right to cancel, errors and mistakes

    4.1 Accuracy Disclaimer

    The information displayed on the Service may contain technical inaccuracies, typographical errors, or other discrepancies including, but not limited to, rates, fees, or availability in connection with your Booking. Because Operators control the information displayed in the Service, RentalTide cannot and does not endorse the accuracy of such information and makes no warranties or representation of any kind, whether express or implied. You agree that RentalTide is not responsible for any errors, inaccuracies, or omissions related to information displayed in the Service.

    4.2 Correction Rights

    You agree that RentalTide has the right to make any changes, corrections, or cancellations to any errors, inaccuracies, or omissions in the Service (a) if requested to undertake such actions by the Operator, or (b) if such actions are necessary to correct hardware or software error(s).

    4.3 No Warranty

    RentalTide is not responsible for communication failures, errors, difficulties, or other malfunctions, nor is it responsible for any lost, stolen, or misdirected transactions, transmissions, messages, or entries on or in connection with the Service. The Service may not be continuously available due to (a) maintenance or repairs, (b) computer problems, (c) disruptions in Internet service, or (d) other unforeseen circumstances.

    5. Access and Interference

    5.1 Prohibited Uses

    You will not: (a) use any robot, spider, scraper or other automated means to access the Service for any commercial purpose without express written permission of RentalTide or its licensors; (b) take any action that imposes, or may impose in RentalTide's sole discretion, an unreasonable or disproportionately large load on our infrastructure; (c) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (d) bypass any measures RentalTide may use to prevent or restrict access to the Service.

    5.2 Access Denial

    RentalTide retains the right at its sole discretion to deny access to anyone to this Service, at any time and for any reason, including, but not limited to, for violation of these Terms of Service.

    6. Intellectual Property Rights

    6.1 Limited License

    RentalTide grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the content made available through the Service solely for the purposes it is being made available. This license does not include any collection and use of any images or third-party content on the Service; any derivative use of the Service or its contents; any downloading or copying of customer or account information for the benefit of a third-party; or any use of data mining, robots, scraping or similar data gathering and extraction tools.

    6.2 Online Content

    All of the content featured or displayed on the Service, including without limitation, text, graphics, photographs, images, sound, and illustrations ("Content"), is owned by RentalTide, its licensors, vendors, agents or Operators. All elements of the Service, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.

    6.3 Intellectual Property

    All trademarks, service marks and trade names of RentalTide used in the Service (including but not limited to: RentalTide's name and logo; the Service's name, design, and any logos) (collectively "Marks") are trademarks of RentalTide or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way without RentalTide's prior written consent.

    7. Privacy

    7.1 Purpose

    RentalTide processes your personal information (e.g. full name, email address, phone number and financial information) solely on behalf of the Operator, who acts as the data controller. As the data processor, RentalTide carries out this processing only under the instructions and authority of the Operator, for the purposes described in Section 1.5. RentalTide relies on the legal basis that the processing of your personal information is necessary for entering into and the performance of a contract.

    7.2 Processing

    After providing the Service, your personal information will be shared with the Operator so the Operator can perform the Rental Contract. Your personal information will be processed further by the relevant Operator, in accordance with their own policies. For such processing of personal information, the relevant Operator is responsible as the data controller.

    7.3 Data Rights

    As a data processor, RentalTide does not independently provide you with rights to access, rectify, erase, or port your personal information unless explicitly instructed to do so by the Operator. To exercise any rights regarding your personal data, you must contact the relevant Operator directly.

    8. Termination

    RentalTide may suspend or terminate the use of the Service at any time in case of a breach of the obligations under these Terms of Service by you.

    9. Limitation of Liability

    9.1 Property Damage

    RentalTide does not assume any responsibility for and is not liable for any damages to computers, equipment or other property of you caused by or arising from their access to, use of, or browsing of the Service, or their downloading of any information or materials from this Service.

    9.2 No Liability

    In no event will RentalTide, or any of its officers, directors, employees, shareholders, affiliates, agents, successors or assigns be liable to you or anyone else for any indirect, punitive, or consequential damages (including but not limited to those damages resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of using the Service (or the materials, information or other content contained on the Service) whether on the basis of contract or on any other legal basis.

    9.3 Remedy

    In the event of any problem with the Service, you agree that your sole remedy is to cease using the Service.

    9.4 Operator Liability

    In the event of any disputes or disagreements between you and the Operator, you agree (i) that Operator is fully responsible and solely liable for any injuries, losses, or damages arising out of said disputes or disagreements, and (ii) that RentalTide assumes no responsibility and no liability for any injuries, losses or damages arising out of said disputes or disagreements.

    9.5 MAXIMUM LIABILITY CAP

    In no event shall RentalTide's total liability to you (whether based on contract or tort or otherwise) exceed in the aggregate the greater of (a) the Booking Fee, or (b) one hundred Canadian Dollars ($100 CAD).

    11. Consumer Rights

    11.1 Consumer Rights Preservation

    Nothing in these Terms of Service excludes or limits any consumer rights that cannot be excluded or limited under applicable law.

    11.2 Australian Consumers

    If you are a consumer within the meaning of the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010):

    • Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law
    • You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage
    • You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure
    • Unfair contract term provisions apply to these Terms

    11.3 Canadian Consumers

    If you are a consumer in Canada:

    • Provincial consumer protection legislation applies, including the Consumer Protection Act (Ontario), Consumer Protection Act (Quebec), and equivalent legislation in other provinces
    • You may have cancellation rights and cooling-off periods under provincial law
    • Certain warranty disclaimers may not apply to you
    • You have the right to bring disputes to your provincial consumer protection agency

    11.4 United States Consumers

    If you are a consumer in the United States:

    • State consumer protection laws apply in addition to these Terms
    • You may have additional rights under your state's consumer protection statutes
    • State-specific arbitration requirements may supersede Section 12
    • You may file complaints with your state's Attorney General or consumer protection office

    11.5 Governing Law for Consumer Matters

    For disputes involving consumer protection matters:

    • The consumer protection laws of your jurisdiction of residence may apply
    • You may be entitled to bring claims in your local courts regardless of the jurisdiction clause
    • Local mandatory consumer protection laws take precedence over conflicting terms

    12. Arbitration Agreement

    READ THIS SECTION CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS.

    12.1 Applicability of Arbitration Agreement

    YOU AND RENTALTIDE AGREE THAT ANY DISAGREEMENT, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE SERVICE OR THESE TERMS OF SERVICE SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION, administered by the International Chamber of Commerce ("ICC") in accordance with the ICC Rules of Arbitration in effect at the time of arbitration.

    12.2 Waivers

    Class and Other Non-Individualized Relief. YOU AND RENTALTIDE MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE.

    Jury Trial. YOU AND RENTALTIDE BOTH EXPRESSLY WAIVE THE RIGHT TO FILE A CLAIM IN COURT AND WAIVE ANY RIGHT TO A JURY TRIAL.

    12.3 Exceptions

    Notwithstanding the foregoing, you and RentalTide agree that either party may (a) assert claims in small claims court, if such claims qualify, or (b) bring suit in court to enjoin infringement or other misuse of intellectual property rights.

    12.4 Process

    Before seeking arbitration, you must first send a written notice of your dispute or claim to legal@rentaltide.com to allow RentalTide the opportunity to resolve your dispute. You may request arbitration if your dispute cannot be resolved within sixty (60) days. Any arbitration shall be brought and held in Ottawa, Ontario, Canada.

    12.5 Authority of Arbitrator

    The arbitrator shall have exclusive authority to resolve any dispute, including disputes regarding the interpretation or application of the Arbitration Agreement. The arbitrator shall issue a written award and statement of decision. The award of the arbitrator is final and binding upon you and us.

    12.6 30-Day Right to Opt Out

    You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@rentaltide.com, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address you used to set up your RentalTide account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement.

    13. Miscellaneous

    13.1 Time to Bring Claims

    You agree that any claim or cause of action under these Terms of Service must be brought within six (6) months after the cause of action arises, or such claim or cause of action is barred.

    13.2 Severability

    If any of the provisions of these Terms of Service are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Service.

    13.3 Entire Agreement

    These Terms of Service and the Privacy Policy together constitute the entire agreement between you and RentalTide, govern your use of the Service, and supersede any prior understandings or agreements with respect to the same subject matter between you and RentalTide (written or oral).

    13.4 Waiver

    RentalTide's failure or delay to enforce any rights or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.

    13.5 Governing Law

    These Terms of Service shall be exclusively governed by and construed in accordance with the laws of Ontario, Canada, except where local consumer protection laws provide otherwise. For disputes arising out of or in connection with these Terms of Service, unless subject to arbitration under Section 12 or local consumer rights under Section 11, such disputes shall be submitted to the competent court in Ottawa, Ontario, Canada.