Provider Terms & Conditions
Specific terms for rental operators and service providers
Provider Terms & Conditions
CRITICAL LEGAL AGREEMENT
- SECTION 15 REQUIRES FULL INDEMNIFICATION OF RENTALTIDE
- SECTION 17 CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER
- SECTION 16 LIMITS RENTALTIDE'S LIABILITY TO $100 CAD
- YOU ARE SOLELY RESPONSIBLE FOR ALL RENTAL OPERATIONS
Table of Contents
- Definitions and Interpretation
- RentalTide Services
- Provider Relationship
- Payment Terms
- Provider Responsibilities
- Platform Usage
- Content and Intellectual Property
- Data Processing
- Security Requirements
- Insurance Requirements
- Compliance and Warranties
- Tax Obligations
- Audit Rights
- Term and Termination
- INDEMNIFICATION
- LIMITATION OF LIABILITY
- DISPUTE RESOLUTION
- General Provisions
1. Definitions and Interpretation
"Provider" means the rental operator, business entity, or individual offering rental assets through the Platform.
"Platform" means RentalTide's SaaS booking system, including all websites, applications, APIs, and services.
"Renter" means any individual or entity booking rental assets through the Platform.
"Rental Contract" means the direct agreement between Provider and Renter for rental services.
"Services" means all services provided by RentalTide, including Core Services and Additional Services.
"Booking" means a reservation made through the Platform.
2. RentalTide Services
2.1 Core Services
Subject to these Terms, RentalTide provides:
- Online booking management system for reservation processing
- Payment facilitation through integrated payment processors
- Dashboard and reporting tools
- Customer management features
- Digital waiver and contract management
2.2 Additional Services
RentalTide may offer:
- Website hosting and creation
- Marketing and advertising services
- API integrations
- Insurance products (Aquacover, Aquatow)
- Distribution network participation
2.3 Platform-Only Status
RentalTide is SOLELY a technology platform. RentalTide does NOT:
- Own, operate, maintain, or inspect any rental assets
- Act as a rental operator, broker, or agent
- Employ or supervise Provider's staff
- Verify asset safety or condition
- Participate in rental transactions beyond payment processing
3. Provider Relationship
3.1 Independent Contractor
Provider is an independent contractor. Nothing creates an employment, partnership, joint venture, or agency relationship between Provider and RentalTide.
3.2 Direct Rental Contracts
All Rental Contracts are directly between Provider and Renter. RentalTide is NOT a party to any Rental Contract.
3.3 Provider as Merchant of Record
Provider is the sole merchant of record for all rental transactions and solely responsible for:
- Fulfilling all Rental Contracts
- Providing rental assets as described
- Handling customer service and disputes
- Issuing refunds when appropriate
- Ensuring asset safety and maintenance
4. Payment Terms
4.1 Fee Structure
| Fee Type | Description | Amount |
|---|---|---|
| Platform Fee | Per booking service fee | 4.9% + $1.99 |
| Processing Fee | Payment processing (Stripe) | 2.9% + $0.30 |
| API Fee | Third-party integrations | $0.50/booking |
| Chargeback Fee | Dispute handling | $25 + amount |
4.2 Payment Processing
- Payments processed through Stripe Connect
- Daily automatic payouts (minus fees)
- RentalTide may delay payouts pending service delivery
- Provider responsible for all chargebacks and disputes
4.3 Refund Policy
- Full refunds: Platform fees may be returned
- Partial refunds: Platform fees retained
- Processing fees: Non-refundable
- Provider solely responsible for refund decisions
4.4 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 Platform. 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 the Provider's 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.
5. Provider Responsibilities
Provider is SOLELY and FULLY responsible for:
5.1 Regulatory Compliance
- All licenses, permits, and registrations
- Compliance with maritime, vehicle, and equipment laws
- Tax collection and remittance
- Environmental and safety regulations
- Consumer protection laws
5.2 Insurance Requirements
- Commercial general liability (minimum $2,000,000)
- Asset-specific coverage
- Workers' compensation
- Business interruption insurance
- Cyber liability insurance
5.3 Asset Management
- Asset safety, maintenance, and inspection
- Accurate descriptions and pricing
- Availability management
- Staff training and supervision
- Emergency procedures and safety equipment
5.4 Customer Relations
- All customer service and support
- Handling complaints and disputes
- Ensuring customer safety
- Providing safety briefings and instructions
- Managing cancellations and refunds
8. Data Processing
Provider acts as an independent data controller for customer data. Provider must:
- Maintain own privacy policy
- Ensure GDPR/CCPA compliance
- Obtain necessary consents
- Handle data subject requests
- Report breaches within 72 hours
9. Security Requirements
- Mandatory two-factor authentication (2FA)
- Strong password requirements
- Regular security audits
- Immediate breach notification
- PCI DSS compliance for payment data
14. Term and Termination
14.1 Term: Indefinite until terminated
14.2 Termination by Provider: 30 days written notice
14.3 Termination by RentalTide: Immediate for breach, 15 days otherwise
14.4 Effect: Provider must fulfill existing bookings; indemnification survives
15. INDEMNIFICATION (CRITICAL)
15.1 COMPLETE INDEMNIFICATION BY PROVIDER
Provider agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS RentalTide, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from and against ANY AND ALL:
- Claims, demands, actions, suits, proceedings
- Losses, liabilities, damages, costs, and expenses
- Attorneys' fees and legal costs
- Settlements, judgments, penalties, and fines
- Investigation and defense costs
15.2 Scope of Indemnification
This indemnification applies to claims arising from:
- Rental Operations: Any aspect of Provider's rental business
- Personal Injury/Death: Injuries, deaths, or medical issues
- Property Damage: Damage to rental assets or third-party property
- Accidents: Boating, vehicle, or equipment accidents
- Negligence: Provider's negligence or gross negligence
- Product Liability: Defective or unsafe equipment
- Breach of Contract: Failure to fulfill Rental Contracts
- Regulatory Violations: Non-compliance with laws
- Tax Issues: Failure to collect or remit taxes
- Misrepresentation: False or misleading information
- Privacy Breaches: Unauthorized data disclosure
- Intellectual Property: IP infringement claims
- Employment Claims: Claims by Provider's employees
- Environmental Issues: Pollution or environmental damage
- Criminal Acts: Criminal activities by Provider or staff
15.3 Defense Obligations
Provider shall, at its own expense:
- Assume defense of any claim with counsel approved by RentalTide
- Pay all defense costs and attorneys' fees
- Not settle without RentalTide's written consent
- Allow RentalTide to participate with its own counsel
15.4 Survival
This indemnification obligation survives termination of these Terms indefinitely and applies regardless of whether RentalTide was negligent or at fault.
16. LIMITATION OF LIABILITY
16.1 NO LIABILITY FOR RENTAL OPERATIONS
RentalTide has ZERO LIABILITY for any aspect of rental operations, including injuries, deaths, property damage, or any other losses.
16.2 MAXIMUM LIABILITY CAP
If RentalTide is found liable despite these limitations, maximum aggregate liability shall not exceed $100 CAD regardless of the nature or number of claims.
16.3 EXCLUSIONS
RentalTide is not liable for:
- Indirect, incidental, or consequential damages
- Lost profits or business opportunities
- Loss of data or business interruption
- Reputational harm
- Punitive or exemplary damages
16.4 PROVIDER ACKNOWLEDGMENT
Provider acknowledges that these limitations are reasonable given RentalTide's limited role as a technology platform and that fees are based on these limitations.
17. DISPUTE RESOLUTION
⚠️ ARBITRATION AGREEMENT
By accepting these Terms, you agree to BINDING ARBITRATION and waive rights to:
- Jury trials
- Class action lawsuits
- Court proceedings (except small claims)
17.1 Mandatory Arbitration
All disputes shall be resolved through binding arbitration under ICC rules in Ottawa, Ontario, Canada.
17.2 Class Action Waiver
No class, collective, or representative actions permitted. All claims must be brought individually.
17.3 Statute of Limitations
All claims must be brought within SIX (6) MONTHS of the event giving rise to the claim.
17.4 Governing Law
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of law principles.
ACCEPTANCE AND ACKNOWLEDGMENT
By clicking "Accept," creating an account, or using the Platform, Provider:
- Accepts all terms and conditions without reservation
- Acknowledges reading and understanding all provisions
- Agrees to full indemnification obligations
- Accepts binding arbitration and liability limitations
- Confirms authority to bind the business entity
- Acknowledges RentalTide's limited platform-only role
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM
Last Updated: November 14, 2025
Effective Date: February 1, 2025
Version: 1.0