These Terms of Service ("Terms") govern your access to and use of prestigerentalsny.com (the "Site") and the products, rentals, and services offered by Prestige Event Rentals, LLC ("Prestige," "we," "us," or "our") (collectively, the "Services"). By accessing or using the Services, requesting a quote, placing an order, or signing a rental contract, you ("you," "your," or "Customer") agree to be bound by these Terms. If you do not agree, do not use the Services.
Please read Section 13 (Limitation of Liability), Section 14 (Indemnification), and Section 17 (Dispute Resolution; Governing Law) carefully, as they limit our liability and affect your legal rights.
1. Eligibility
You must be at least 18 years old and able to form a legally binding contract to use the Services. By using the Services, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.
2. The Services
Prestige provides event and party rental equipment and related delivery, setup, and pickup services in and around New York City. Quotes, invoices, product descriptions, availability, pricing, and delivery areas are subject to change and are not guaranteed until confirmed by us in writing and paid in accordance with these Terms and your order.
3. Quotes, Orders, and Order Formation
Quotes are estimates and do not reserve inventory or a delivery date. An order is not confirmed, and inventory and dates are not reserved, until we have received the required deposit or payment and confirmed the order. We reserve the right to refuse, cancel, or limit any order at our discretion, including where inventory is unavailable, where we suspect fraud or error, or where pricing was stated incorrectly. In the event of a pricing or description error, we reserve the right to correct the error and to cancel any affected order, even after it has been submitted or confirmed.
4. Pricing, Fees, Minimums, and Taxes
Prices are as stated on your quote or invoice. Your order may be subject to delivery fees, setup fees, additional service fees, order minimums that vary by delivery area, a damage waiver, applicable sales tax, and other charges. You are responsible for all such amounts. Order minimums, delivery areas, and fees are determined based on the delivery address you provide, and you are responsible for the accuracy of that address.
5. Payments, Deposits, and Security Holds
Payments are processed through our third-party payment processor, Stripe, Inc. By providing a payment method, you authorize us and Stripe to charge that method for all amounts due under your order and rental contract, including deposits, balances, taxes, fees, security holds or authorizations, late charges, and any damage, loss, cleaning, or replacement charges described in Section 9.
Deposit. A non-refundable deposit is required to confirm an order. Unless otherwise stated in writing, the deposit is non-refundable regardless of cancellation.
Balance. The remaining balance is due no later than seven (7) days before the scheduled delivery date, unless otherwise stated in writing. We may cancel any order for which the balance is not timely paid, and retain the deposit.
Card on file / security holds. We require a valid payment card on file. We may place an authorization or security hold on your card and may charge your card for security deposits, damages, losses, additional rental time, or other amounts you owe. For payments made by cash, check, or debit, we may require a security deposit of twenty-five percent (25%) of the order total or another amount we determine.
Late payments. Past-due amounts may accrue a monthly late penalty as stated on your invoice or rental contract, to the maximum extent permitted by law, together with our costs of collection, including reasonable attorneys' fees.
6. Cancellations and Changes
Cancellation and change requests must be made in writing. Deposits are non-refundable. Depending on timing, cancellations may be subject to additional charges up to the full order amount. Changes to an order (including items, quantities, dates, or delivery address) are subject to availability and may change pricing, fees, and applicable minimums.
7. Delivery, Setup, and Pickup
Delivery, setup, and pickup windows are estimates and are not guaranteed. Delivery and pickup times are separate from your event date and may occur the day before, the morning of, or otherwise as scheduled by us. You are responsible for: providing accurate delivery and pickup information; ensuring safe, lawful, and unobstructed access to the delivery location; obtaining any permits, approvals, or permissions required for delivery, placement, or use of the rented items; and having an authorized adult present to receive and return the items if required. Additional fees may apply for stairs, long carries, difficult access, waiting time, failed delivery or pickup attempts, or re-deliveries. Risk of loss or damage to the rented items passes to you upon delivery and remains with you until the items are picked up by or returned to us.
8. Use of Rental Items; Customer Responsibilities
You agree to use the rented items only for their intended purpose and in a safe, lawful manner, and to keep them in your possession and control during the rental period. You may not sublease, sell, encumber, alter, or permanently affix the items. You are responsible for the items from the time of delivery until pickup or return, including protecting them from weather, theft, misuse, and damage. You assume all risk and liability arising from your use of the items and your event, including personal injury, property damage, and loss.
9. Damage, Loss, and Cleaning
You are responsible for returning all items in the same condition as delivered, ordinary wear and tear excepted. You agree to pay for any damage to, loss of, or destruction of the items, and for any missing items, at their full repair or replacement value as determined by us, as well as any excessive cleaning charges. A damage waiver, if included in your order, applies only as expressly stated and does not cover loss, theft, negligence, misuse, or damage beyond its stated scope. You authorize us to charge your payment method on file for such amounts.
10. Rental Contract; Electronic Signatures
Your order may be subject to a separate rental contract that, together with these Terms and your quote or invoice, forms the complete agreement between you and Prestige. You agree that electronic signatures, records, and communications are valid, binding, and enforceable to the same extent as handwritten signatures and paper records, and you consent to conduct business electronically. We may capture and retain your signature, signer name, IP address, and a timestamp as evidence of your agreement. If there is a conflict between these Terms and a signed rental contract, the signed rental contract controls for that order.
11. Intellectual Property
The Site and its content, including text, graphics, logos, images, and software, are owned by or licensed to Prestige and are protected by intellectual property laws. You may not copy, reproduce, distribute, or create derivative works from the Site or its content without our prior written permission.
12. Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL RENTAL ITEMS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES OR SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PRESTIGE, ITS OWNERS, MEMBERS, OFFICERS, EMPLOYEES, DRIVERS, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICES, THE RENTAL ITEMS, OR YOUR EVENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR ANY ORDER SHALL NOT EXCEED THE AMOUNT YOU ACTUALLY PAID TO US FOR THE ORDER GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
14. Indemnification
You agree to defend, indemnify, and hold harmless Prestige and its owners, members, officers, employees, drivers, contractors, and agents from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: your use of the Services or rental items; your event; your breach of these Terms or any rental contract; your violation of any law or the rights of any third party; and any injury to persons or damage to property arising from the rental items while in your care, custody, or control.
15. Assumption of Risk
You acknowledge that the use of event and party rental equipment involves inherent risks, including risk of personal injury and property damage. You voluntarily assume all such risks arising from your use of the rented items and your event, and you are responsible for the safe placement, operation, supervision, and use of all items.
16. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, severe weather, fire, flood, natural disaster, pandemic or epidemic, government action, labor disputes, supply shortages, utility or transportation failures, accidents, or vehicle breakdowns. In such events, we may reschedule or cancel affected orders, subject to the payment and deposit terms above.
17. Dispute Resolution; Governing Law
These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. You agree that any dispute shall be brought exclusively in the state or federal courts located in New York, and you consent to the personal jurisdiction and venue of those courts. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PRESTIGE EACH WAIVE ANY RIGHT TO A TRIAL BY JURY AND AGREE THAT ANY CLAIM WILL BE BROUGHT IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. Any claim you bring must be filed within one (1) year after the claim arose, or it is permanently barred, to the fullest extent permitted by law.
18. Changes to These Terms
We may modify these Terms at any time by posting the revised Terms on the Site and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes your acceptance of the revised Terms.
19. Miscellaneous
These Terms, together with your order, any applicable rental contract, and our Privacy Policy, constitute the entire agreement between you and Prestige regarding the Services and supersede all prior agreements. If any provision is found unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. Our failure to enforce any provision is not a waiver of that provision. You may not assign these Terms without our prior written consent; we may assign them freely. The headings in these Terms are for convenience only.
