Terms and Conditions for Booking Wheelchair

Last Updated: [01.06.2025]

Welcome to Booking Wheelchair (the "Platform"), an online marketplace connecting individuals and entities seeking to rent medical equipment ("Renters") with individuals and entities offering medical equipment for rent ("Vendors"). These Terms and Conditions ("Terms") govern your access to and use of the Platform and its services (collectively, the "Services").

By accessing or using the Platform, creating an account, or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at [Link to Your Privacy Policy], incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Platform.

1. Definitions

• "Platform": Refers to Booking Wheelchair website, mobile applications, and related services.

• "User": Any person or entity accessing or using the Platform, including Renters and Vendors.

• "Renter": A User who requests or rents Equipment through the Platform.

• "Vendor": A User who lists and offers Equipment for rent through the Platform.

• "Equipment": Medical equipment, devices, and related accessories listed for rent on the Platform.

• "Listing": A Vendor's offer to rent specific Equipment through the Platform.

• "Rental Agreement": A separate agreement entered into directly between a Renter and a Vendor for the rental of Equipment. The Platform is not a party to this Rental Agreement.

2. Role of the Platform

2.1. Booking Wheelchair provides a platform to facilitate the connection between Renters and Vendors for the purpose of renting medical equipment.

2.2. The Platform is not the owner, seller, reseller, provider, or renter of any Equipment. We do not control and are not responsible for the quality, safety, legality, or suitability of the Equipment listed by Vendors.

2.3. All rental transactions are solely between the Renter and the Vendor. Booking Wheelchair is not a party to any Rental Agreement formed between Renters and Vendors. 2.4. While the Platform may facilitate certain aspects of the rental process (e.g., booking requests, payment processing), it does not endorse any User or any Equipment. Any designations like "verified" (or similar) only indicate that a User or Equipment has completed a relevant verification or vetting process and nothing else.

3. User Accounts

3.1. Registration: To access certain features of the Platform, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

3.2. Account Security: You are responsible for safeguarding your password and any other credentials used to access your account. You agree not to disclose your password to any third party. You are solely responsible for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify Booking Wheelchair of any unauthorized use of your account.

3.3. Eligibility: You must be at least 18 years old and capable of forming a binding contract to use the Platform. If you are registering on behalf of a legal entity, you represent that you have the authority to bind that entity to these Terms.

4. Vendor Obligations

4.1. Listings: Vendors are solely responsible for the accuracy, completeness, and legality of their Listings. This includes, but is not limited to, detailed descriptions of the Equipment, its condition, functionality, specifications, rental rates, availability, and any specific usage instructions or warnings.

4.2. Equipment Condition and Safety: Vendors represent and warrant that all Equipment offered for rent is:

* In good working order and fit for its intended purpose.

* Properly maintained, cleaned, and sanitized according to industry standards and manufacturer guidelines before each rental.

* Compliant with all applicable laws, regulations, and safety standards for medical equipment.

4.3. Compliance: Vendors are responsible for understanding and complying with all laws, rules, and regulations applicable to their Equipment and its rental, including any licensing, certification, or inspection requirements.

4.4. Insurance: Vendors are solely responsible for obtaining and maintaining appropriate insurance coverage for their Equipment and the rental activities, in amounts sufficient to cover potential liabilities. Booking Wheelchair does not provide insurance for Vendors or their Equipment.

4.5. Rental Agreements: Vendors will define the terms of their Rental Agreement with Renters, including rental period, fees, responsibilities for damage or loss, and any specific usage restrictions.

4.6. Professional Conduct: Vendors must conduct themselves professionally and ethically in all interactions with Renters and the Platform.

4.7. Platform Fees: Vendors agree to pay Booking Wheelchair the applicable fees (e.g., commission, listing fees) for use of the Services as set forth in [Link to Fee Schedule or Pricing Page].

5. Renter Obligations

5.1. Proper Use: Renters agree to use the Equipment only for its intended purpose, in a careful and proper manner, and in compliance with all applicable laws, manufacturer guidelines, and any instructions provided by the Vendor.

5.2. Qualification: Renters represent that they (or the intended user of the Equipment) possess the necessary knowledge, training, or professional supervision (if required) to safely and effectively operate the rented Equipment. The Platform and Vendors may require verification of such qualifications for certain types of Equipment.

5.3. Return of Equipment: Renters agree to return the Equipment to the Vendor on time and in the same condition it was received, normal wear and tear excepted, unless otherwise agreed in the Rental Agreement.

5.4. Liability for Damage or Loss: Renters are responsible for any damage to or loss of the Equipment during the rental period, as outlined in the Rental Agreement with the Vendor.

5.5. Payment: Renters agree to pay all applicable rental fees, security deposits, delivery fees, and any other charges specified in the Listing and Rental Agreement.

5.6. Inspection: Renters are encouraged to inspect the Equipment upon receipt and notify the Vendor immediately of any pre-existing damage or operational issues.

6. Rental Process

6.1. Booking: Renters may request to book Equipment through the Platform. Vendors have the discretion to accept or reject booking requests.

6.2. Confirmation: A rental is confirmed once the Vendor accepts the booking request and the Renter completes any required payment or pre-authorization. 6.3. Rental Agreement: Upon confirmation, the Renter and Vendor enter into a direct Rental Agreement. Booking Wheelchair is not a party to this agreement. The terms of the Rental Agreement will govern the rental, subject to these Terms.

6.4. Cancellations and Refunds: Cancellation and refund policies will be determined by the Vendor and specified in their Listing or Rental Agreement, subject to any minimum cancellation standards set by the Platform. [Link to Platform Cancellation Policy, if any].

6.5. Delivery and Pickup: Arrangements for delivery, pickup, or shipping of Equipment are to be made directly between the Renter and Vendor, as specified in the Listing or Rental Agreement. Associated costs are the responsibility of the parties as agreed.

7. Fees and Payments

7.1. Rental Fees: Vendors set the rental fees for their Equipment.

7.2. Platform Service Fees: Booking Wheelchair may charge service fees to Renters and/or Vendors for the use of the Platform. These fees will be disclosed prior to booking or listing. [Specify how fees are structured, e.g., percentage of rental, flat fee].

7.3. Security Deposits: Vendors may require a security deposit for rented Equipment. The Platform may facilitate the holding and release of security deposits.

7.4. Payment Processing: Payments made through the Platform are processed by third-party payment processors. You agree to abide by the terms and conditions of these processors. [Your Website Name] is not responsible for the performance of these payment processors.

7.5. Taxes: Users are responsible for determining and remitting any applicable taxes (e.g., sales tax, VAT) arising from the rental transactions.

7.6. Late Fees and Penalties: Late return of Equipment may incur additional fees as specified in the Vendor's Rental Agreement.

8. Disclaimers and Limitation of Liability

8.1. Platform "As Is": THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

8.2. No Warranty on Equipment: BOOKING WHEELCHAIR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE EQUIPMENT LISTED ON THE PLATFORM. ALL EQUIPMENT IS PROVIDED BY VENDORS, AND ANY WARRANTIES ARE SOLELY BETWEEN THE VENDOR AND RENTER.

8.3. User Conduct: Booking Wheelchair is not responsible for the conduct of its Users, whether online or offline. We are not responsible for any disputes, damages, or losses arising from interactions between Renters and Vendors.

8.4. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL [YOUR WEBSITE NAME], ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY EQUIPMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

8.5. Maximum Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, [YOUR WEBSITE NAME]'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO [YOUR WEBSITE NAME] IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).

9. Indemnification

You agree to release, defend (at [Your Website Name]'s option), indemnify, and hold [Your Website Name] and its affiliates, officers, directors, employees, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) your breach of these Terms; (b) your improper use of the Platform or Services; (c) your interaction with any User, rental or use of any Equipment, including but not limited to any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, rental, or use; (d) your breach of any laws, regulations, or third-party rights.

10. Intellectual Property

10.1. The Platform, including its text, graphics, images, logos, software, and other materials ("Platform Content"), is protected by copyright, trademark, and other laws of [Your Country] and foreign countries.

10.2. You acknowledge that Booking Wheelchair owns all right, title, and interest in and to the Platform Content. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Platform or Platform Content.

10.3. You are granted a limited, non-exclusive, non-transferable license to access and use the Platform and Platform Content solely for your personal or internal business purposes in connection with using the Services.

11. Termination and Account Cancellation

11.1. Booking Wheelchair may, in its sole discretion, suspend or terminate your account and access to the Platform, without prior notice or liability, for any reason, including if you breach these Terms.

11.2. You may cancel your account at any time by contacting us or through your account settings (if available).

11.3. Upon termination, all provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Dispute Resolution and Governing Law

12.1. Governing Law: These Terms and any action related thereto will be governed by the laws of [Your State/Country of Jurisdiction] without regard to its conflict of laws provisions.

12.2. Disputes Between Users: Booking Wheelchair encourages Renters and Vendors to resolve disputes amicably. The Platform may, but is not obligated to, provide dispute resolution assistance. Any such assistance is provided as a courtesy and does not make [Your Website Name] a party to the dispute or impose any liability on [Your Website Name].

12.3. Arbitration (Consider including an arbitration clause if desired): Example Clause: "Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in [City, State/Country] before one arbitrator. The arbitration shall be administered by [Arbitration Association, e.g., JAMS, AAA] pursuant to its [Applicable Rules]. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction."

12.4. Class Action Waiver: YOU AND [YOUR WEBSITE NAME] AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Modifications to Terms

Booking Wheelchair reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least [Number] days' notice prior to any new terms taking effect (e.g., by posting on the Platform or sending an email). What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.

14. General Provisions

14.1. Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices published by [Your Website Name] on the Platform, shall constitute the entire agreement between you and [Your Website Name] concerning the Platform.

14.2. Severability: If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

14.3. No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and [Your Website Name]'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4. Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Booking Wheelchair without restriction.

14.5. Notices: Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by [Your Website Name] (i) via email (to the address that you provide) or (ii) by posting to the Platform. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

15. Contact Information

If you have any questions about these Terms, please contact us at:

[Your Company Name]

[Your Company Address]

[Your Email Address]

[Your Phone Number (Optional)]

Important Considerations and Next Steps:

• [Placeholders]: Fill in all bracketed placeholders with your specific information.

• Fee Schedule/Pricing Page: Create a separate page detailing your fee structure and link it where indicated.

• Privacy Policy: Ensure you have a comprehensive Privacy Policy and link it.

• Legal Review: This is crucial. Have a lawyer specializing in contract law and e-commerce (and ideally, healthcare or medical equipment regulations if applicable in your jurisdiction) review and customize this document. Laws regarding medical equipment rental can be complex and vary significantly.

• Specific Regulations: Research and incorporate any specific regulations related to medical equipment rental in your operating jurisdictions (e.g., FDA regulations in the US, CE marking in Europe, TGA in Australia, etc.). Vendors should be made explicitly responsible for adhering to these.

• Insurance Details: You might want to be more specific about the types or minimum amounts of insurance Vendors should carry, though this is often best left to the Vendor to determine based on their risk and local requirements.

• Dispute Resolution: Decide if you want to include a mandatory arbitration clause. This can impact how disputes are handled.

• Clarity for Users: Ensure the language is as clear and understandable as possible for your users.

This document provides a solid starting point for your Terms and Conditions.