Provider Terms & Conditions

    Specific terms for rental operators and service providers

    Provider Terms & Conditions

    CRITICAL LEGAL AGREEMENT

    • RENTALTIDE OWNS AND OPERATES THE CHECKOUT AND COMMERCE EXPERIENCE (SECTION 2.4)
    • RENTALTIDE MAY USE PLATFORM DATA TO OPTIMIZE AND INCREASE YOUR REVENUE (SECTION 2.5)
    • RENTALTIDE MAY FRONT BOOKING COSTS VIA "RESERVE & PAY"; YOU ARE PAID IN FULL AT NO COST (SECTION 4.5)
    • 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

    1. Definitions and Interpretation
    2. RentalTide Services (incl. Checkout & Commerce Platform, Data & Revenue Optimization)
    3. Provider Relationship
    4. Payment Terms (incl. Reserve & Pay)
    5. Provider Responsibilities
    6. Platform Usage
    7. Content and Intellectual Property
    8. Data Processing
    9. Security Requirements
    10. Insurance Requirements
    11. Compliance and Warranties
    12. Tax Obligations
    13. Audit Rights
    14. Term and Termination
    15. INDEMNIFICATION
    16. LIMITATION OF LIABILITY
    17. DISPUTE RESOLUTION
    18. 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 with respect to the rental itself. 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 the rental transaction beyond providing the commerce, checkout, and payment technology described in Section 2.4

    This platform-only status concerns the rental and the Rental Contract. It does not limit RentalTide's ownership and control of the checkout and commerce experience (Section 2.4) or RentalTide's role in fronting Booking costs under Reserve & Pay (Section 4.5).

    2.4 Checkout and Commerce Platform

    RentalTide owns and operates the entire checkout and commerce experience presented to Renters, in the same manner that platforms such as Shopify own and operate hosted checkout on behalf of their merchants. Specifically:

    • RentalTide owns, hosts, controls, and may modify the cart, checkout, payment, and booking-confirmation flows, including their design, logic, available payment methods, pricing presentation, and the order in which options and offers are displayed.
    • RentalTide orchestrates payment through its own payment infrastructure and its Stripe Connect platform arrangement. Provider authorizes RentalTide to act as its payment facilitator and technical agent to present, accept, route, and settle Renter payments on Provider's behalf.
    • RentalTide may present platform services within the checkout, including the "Reserve & Pay" option (Section 4.5), optional protection products, add-ons, upsells, gift cards, and promotional offers, and may enable, disable, test, or vary such features at its discretion.
    • Provider may not bypass, replicate, scrape, frame, reverse engineer, or substitute the RentalTide checkout for bookings originated through the Platform, nor divert Platform-originated bookings to an external checkout.
    • The checkout's design, components, software, and underlying technology remain RentalTide's intellectual property (Section 7) even when displayed under Provider's branding or on Provider's custom domain.

    Provider remains the merchant of record for the underlying rental (Section 3.3). RentalTide's ownership of the checkout technology and payment orchestration does not, by itself, make RentalTide a party to the Rental Contract.

    2.5 Data, Analytics, and Revenue Optimization

    Provider acknowledges and agrees that RentalTide collects, processes, aggregates, and analyzes data generated through use of the Platform, including booking, transaction, pricing, availability, customer-behavior, conversion, and checkout-interaction data, and Provider grants RentalTide a worldwide, royalty-free, perpetual, irrevocable license to use such data to:

    • Operate, secure, maintain, and improve the Platform and the Services;
    • Optimize Provider's own performance and help increase Provider's bookings, conversion, and revenue, including through pricing and merchandising recommendations, demand forecasting, dynamic checkout optimization, abandoned-cart recovery, marketing and re-engagement campaigns, and presentation of relevant add-ons, financing, and protection products;
    • Develop, train, evaluate, and improve analytics, machine-learning, and other models and features; and
    • Produce aggregated and de-identified benchmarks, insights, and industry reporting.

    RentalTide may use data in aggregated or de-identified form for any lawful business purpose, including for the benefit of other operators and the Platform generally, provided such data does not identify Provider or any individual. Personal information is handled in accordance with the Privacy Policy and Section 8.

    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 TypeDescriptionAmount
    Platform FeePer booking service fee4.9% + $1.99
    Processing FeePayment processing (Stripe)2.9% + $0.30
    API FeeThird-party integrations$0.50/booking
    Chargeback FeeDispute 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.

    4.5 Reserve & Pay

    RentalTide may, at its sole discretion, offer Renters the option to "Reserve & Pay" at checkout. Reserve & Pay lets a Renter reserve a Booking and pay for it on a short schedule that completes before the rental date. By using the Platform, Provider authorizes RentalTide to offer, operate, fund, and market this option to Renters booking with Provider, and acknowledges RentalTide's right to do so.

    • RentalTide fronts the cost; Provider is paid in full, upfront, with no deduction. When a Renter elects Reserve & Pay, RentalTide advances the Booking amount to Provider's connected Stripe account so the Booking settles exactly as a paid Booking would. There is no additional cost, fee, or charge to Provider for this service. RentalTide funds the advance from its own balance; Provider is never billed for it. (Standard platform and processing fees under Section 4.1 apply to the Booking as they otherwise would; Reserve & Pay adds nothing.)
    • Not credit, not a loan, not "buy now, pay later." The Renter pays in full before the rental is provided, so no credit is extended to the Renter and the Renter never receives a service and pays for it afterward. Neither Provider nor RentalTide acts as a lender or creditor; RentalTide is simply fronting the Booking cost on Provider's behalf and collecting the Renter's scheduled payments.
    • RentalTide bears the funding risk and is compensated by the Renter. RentalTide collects the scheduled payments directly from the Renter, under RentalTide's own billing descriptor, and may charge the Renter a service fee for the Reserve & Pay option. Any such fee is solely between RentalTide and the Renter and never appears on Provider's ledgers, reports, payouts, or financial statements.
    • Non-completion. If a Renter does not complete their Reserve & Pay schedule before the rental date, RentalTide may reverse the unfunded portion of the advance and reinstate the corresponding amount as an outstanding balance on the Booking, which is then collected through Provider's normal flow (and the rental need not be provided until the Booking is paid). RentalTide will not seek any fee from Provider in connection with a non-completion.
    • Availability. Reserve & Pay is offered subject to Renter eligibility, RentalTide's working-capital availability, and platform limits, and may be introduced, modified, paused, or withdrawn at any time without affecting Bookings already settled.

    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: June 14, 2026
    Effective Date: June 14, 2026
    Version: 1.1

    CHANGES IN VERSION 1.1

    • Added Section 2.4 (Checkout and Commerce Platform): RentalTide owns and operates the checkout and commerce experience (Shopify-style) and orchestrates payment on Provider's behalf
    • Added Section 2.5 (Data, Analytics, and Revenue Optimization): RentalTide uses Platform data to operate the Platform and to optimize and increase Provider revenue
    • Added Section 4.5 (Reserve & Pay): RentalTide may front Booking costs so Provider is paid in full upfront at no cost; the Renter pays on a schedule that completes before the rental, so it is not credit, a loan, or "buy now, pay later"
    • Clarified Section 2.3 (Platform-Only Status) to reflect the above