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Terms and Conditions

Terms and Conditions for Sol y Arena Gear Rentals

Last Updated: October 31, 2025

Preamble:

These Terms and Conditions (the “Agreement”) constitute a legally binding agreement between you (“you,” “your,” or “Customer”), as a user of the Sol y Arena Gear Rentals website (the “Site”) and/or a renter of equipment through Sol y Arena Gear Rentals (the “Services”), and Sol y Arena Gear Rentals, a Sociedad de Responsabilidad Limitada organized under the laws of Mexico, with its principal place of business at Agua Viva, Paseo Misión de Loreto AV157 B, 23887 Loreto, B.C.S., Mexico (“we,” “us,” or “our”). By accessing the Site or using the Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree with this Agreement, you are expressly prohibited from using the Site and must discontinue use immediately.

1. Definitions:

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

  • “Agreement”: These Terms and Conditions, together with any addenda, exhibits, or other documents incorporated herein by reference.
  • “Content”: All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site.
  • “Customer”: Any individual or entity accessing the Site or using the Services.
  • “Marks”: The trademarks, service marks, and logos contained on the Site.
  • “Rental Agreement”: The separate agreement executed by Customer at the time of rental, governing the specific terms of each rental transaction.
  • “Services”: The rental of vacation equipment by Sol y Arena Gear Rentals, as described on the Site.
  • “Site”: The website located at https://vacationgearrentals.com/ .
  • “UGC”: User-Generated Content, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information posted on the Site.

2. Amendments:

We reserve the right, in our sole and absolute discretion, to amend this Agreement at any time and for any reason. Notice of such amendments shall be provided by updating the “Last Updated” date at the top of this Agreement and posting the revised Agreement on the Site. It is your responsibility to periodically review this Agreement to stay informed of updates. Your continued use of the Site or Services after the effective date of any such amendment shall constitute your acceptance thereof.

3. Eligibility:

The Site and Services are intended for use by individuals who are at least 18 years of age and have the legal capacity to enter into binding contracts. By accessing the Site or using the Services, you represent and warrant that you meet these eligibility requirements.

4. Rental Process and Payment:

Reservations: Reservations may be made in person or through the Site or by telephone, subject to availability. We reserve the right to refuse any reservation for any reason.

Rental Agreement: All rentals are subject to a separate Rental Agreement, which will be presented to you for signature at the time of rental. The Rental Agreement shall govern the specific terms of each rental transaction, including but not limited to the equipment rented, rental period, rental fees, and condition of the equipment.

Payment: Payment is required at the time of reservation. We accept the following payment methods: credit cards, debit cards, PayPal, and cash. By providing payment information, you authorize us to charge your selected payment method for the total rental fee, including all applicable taxes, surcharges, and optional damage waivers (if elected).

Cancellations and Refunds:

  • Cancellations made more than 72 hours (3 days) prior to the scheduled rental start date will receive a full refund of all amounts paid.
  • Cancellations made between 24 and 72 hours prior to the scheduled rental start date will be subject to a cancellation fee equal to 15% of the total rental fee, including taxes and surcharges.
  • Cancellations made less than 24 hours prior to the scheduled rental start date, or in the event of a “no-show,” will be subject to a cancellation fee equal to 50% of the total rental fee, including taxes and surcharges.
  • Cancellations will only be accepted if confirmed by Customer via one of the following methods: by calling +52 613 111 7503, stopping by our store location at Agua Viva, Paseo Misión de Loreto AV157 B, 23887 Loreto, B.C.S., Mexico, or via text message through WhatsApp to +52 613 111 7503.
  • Refunds will be processed within seven (7) business days of confirmation of cancellation.
  • Severe Weather Clause: In the event of a declared state of emergency, dangerous weather conditions, or other unforeseen circumstances that render the use of the rental equipment unsafe or impractical, we will offer Customer a full refund or a credit for future rental, at Customer’s option.

Pricing: All prices are subject to change without prior notice. Prices listed on the Site do not include applicable taxes, fees for optional damage waivers, or any other charges not expressly stated.

Order Acceptance: The receipt of an email order confirmation or reservation of a part, garment, accessory, or unit does not constitute the acceptance of an order or a confirmation of an offer to sell. Sol y Arena reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Sol y Arena may cancel an order at any time before pickup for any reason, including pricing errors or stock availability issues. Verification of information may be required prior to the acceptance of any order. By placing a credit card order, you grant Sol y Arena permission to contact your bank to verify name and address. Please contact us directly with questions about our refund policy.

5. Use of Equipment:

  • Customers shall use the rental equipment in a safe, responsible, and lawful manner, and in accordance with any instructions provided by us.
  • The rental equipment shall not be used for any commercial purposes, illegal activities, or in any manner that could cause damage to the equipment or injury to persons or property.
  • Customer is solely responsible for complying with all applicable laws, regulations, and ordinances relating to the use of the rental equipment.

6. Care and Maintenance:

Customer shall exercise reasonable care in the use and maintenance of the rental equipment. “Reasonable care” includes, but is not limited to, securing the equipment when not in use, avoiding use in hazardous conditions, and adhering to all operating instructions. Customer shall:

  • Protect the equipment from damage, loss, theft, and inclement weather.
  • Follow all instructions provided by us regarding the proper use and maintenance of the equipment.
  • Return the equipment in the same condition as received, ordinary wear and tear excepted. Damage resulting from gross negligence or intentional misuse is not considered ordinary wear and tear and will be subject to full repair/replacement costs.

7. Damage or Loss:

  • Customer assumes all risk of loss or damage to the rental equipment during the rental period, regardless of cause.
  • In the event of damage to the equipment, Customer shall be responsible for the reasonable cost of repair or replacement, as determined by us in our sole discretion.
  • In the event of loss or theft of the equipment, Customer shall be responsible for the full replacement value of the equipment, as determined by us in our sole discretion.
  • Customer shall promptly notify us of any damage, loss, or theft of the equipment.
  • If damage or loss is upon receipt, customers must report in 24 hours or claim of damage cannot be filed.

8. Intellectual Property:

All Content and Marks on the Site are the exclusive property of Sol y Arena Gear Rentals or its licensors and are protected by copyright, trademark, and other intellectual property laws. Customer is granted a limited, non-exclusive, revocable license to access and use the Site and Content solely for personal, non-commercial purposes. Customer shall not copy, reproduce, modify, distribute, or otherwise exploit any Content or Marks without our express written consent.

9. Prohibited Conduct:

Customer shall not:

  • Use the Site or Services for any unlawful purpose.
  • Engage in any activity that interferes with or disrupts the operation of the Site or Services.
  • Attempt to gain unauthorized access to any portion of the Site or Services.
  • Collect or harvest any personally identifiable information from the Site.
  • Use any robot, spider, scraper, or other automated means to access the Site or Services.
  • Post or transmit any unlawful, threatening, abusive, defamatory, obscene, or otherwise objectionable content on the Site.
  • Infringe on the intellectual property rights of any third party.

10. User–Generated Content:

  • The Site may allow Customers to submit UGC. Customer retains ownership of all UGC submitted, but grants to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such UGC in any media.
  • Customer represents and warrants that Customer has all rights necessary to grant the foregoing license and that Customer’s UGC does not infringe upon the rights of any third party.
  • We reserve the right, but shall have no obligation, to monitor, edit, or remove any UGC that we deem to be in violation of this Agreement or otherwise objectionable.
  • Customers can reach out and report copyright infringements or any material we believe is against this agreement by contacting us at DMCA@vacationgearrentals.com .
  • Customer acknowledges and agrees that we shall not be liable for any UGC posted on the Site.

11. Termination:

We may, in our sole discretion, terminate your access to the Site and Services at any time, with or without cause and with or without notice. Upon termination, you shall immediately cease all use of the Site and Services and return all rental equipment in your possession.

12. Force Majeure:

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by any act of God, war, strike, labor dispute, fire, flood, or other cause beyond such party’s reasonable control.

13. Limitation of Liability:

To the fullest extent permitted by applicable law, in no event shall sol y arena gear rentals be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to this agreement, the site, or the services, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. Our total liability to customer for any claim arising out of or relating to this agreement, the site, or the services shall not exceed the amount of rental fees paid by customer to us in the six (6) months preceding the date of the claim.

14. Indemnification:

Customer agrees to indemnify, defend, and hold harmless Sol y Arena Gear Rentals, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to Customer’s breach of this Agreement, use of the Site or Services, or violation of any law or regulation.

15. Governing Law and Dispute Resolution:

This Agreement shall be governed by and construed in accordance with the laws of Mexico, without regard to its conflict of laws principles. For Customers residing outside of Mexico, the mandatory consumer protection laws of their country of residence shall also apply to the extent required by such laws. Any dispute arising out of or relating to this Agreement shall be resolved exclusively by binding arbitration in Loreto, Baja California Sur in accordance with the rules of the International Chamber of Commerce. We will contact the Mediation services from a local entity before moving up the legal system to arbitration, we agree to participate in the mediation. The language of the arbitration shall be Spanish. The decision of the arbitrator shall be final and binding on the parties.

16. Severability:

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

17. Entire Agreement:

This Agreement constitutes the entire agreement between you and Sol y Arena Gear Rentals relating to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

18. Electronic Communications:

By accessing the Site or using the Services, you consent to receive electronic communications from us, including but not limited to notices, agreements, and disclosures. You agree that all such communications shall have the same legal effect as if they were in writing.

19. Force Majeure:

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by any act of God, war, strike, labor dispute, fire, flood, earthquake, or other cause beyond such party’s reasonable control.

20. Contact Information:

If you have any questions or concerns about this Agreement, please contact us at:

Sol y Arena Gear Rentals Agua Viva, Paseo Misión de Loreto AV157 B, 23887 Loreto, B.C.S., Mexico Phone: +52 613 111 7503 Email: Sol.y.Arena.Gear.Rentals@gmail.com