Terms of Sale
LIDO SM – TERMS OF SALE
By purchasing (i) Lido Offerings, (ii) Merchant Offerings, or (iii) participating in other available programs
below (“Terms of Sale”). Capitalized, but undefined, terms in the Terms of Sale shall have the meaning
These Terms of Sale were last updated on: May 24, 2019
1. General Commercial Terms
Lido is only responsible for descriptions of Lido Offerings on the Site (subject to the limitations in Section
2 below). Lido is not responsible whatsoever for descriptions of Merchant Offerings on the Site. Lido
does not investigate or vet Merchants.
Pricing relating to Lido Offerings, Merchant Offerings and other available programs on the Site are set by
Lido, and may change at any time, in our sole discretion, without notice.
A Merchant may advertise goods, services or experiences on the Site that require Merchant to have an
up-to-date regulatory authorization, license, or certification. Lido does not verify, validate, or collect
evidence of any regulatory authorization, license or certification from any Merchant. You should make
whatever investigation you deem necessary or appropriate before purchasing any Merchant Offering to
determine whether: (i) Merchant is qualified to provide the advertised good or perform the advertised
service; or (ii) the Merchant Offering is of the care and quality required. Merchant is solely responsible
for the care and quality of each Merchant Offering.
Lido may, in its sole discretion, verify a user’s identity prior to processing a purchase. Lido may also
refuse to process an order, may cancel an order, or may revise quantities, components or delivery terms
of certain products or services subject to an order, as reasonably deemed necessary by us, including to
minimize potential safety hazards, to comply with applicable law or to respond to a case of
these Terms of Sale. Refunds for cancelled orders may be issued where appropriate. For example, if
Lido cancels an order due to weather conditions or other safety concerns (such as lightning or wind),
Lido will refund your fees (or a pro rata portion of them, if cancellation occurs after delivery or provision
of Lido Offerings and/or Merchant Offerings), as reasonably determined by Lido.
If an offer becomes unavailable between ordering and processing, Lido will either cancel or not process
the order and will notify you via the Site or by email. Refunds for cancelled orders may be issued in
Lido’s sole discretion, where appropriate.
Lido does not guarantee that it offers best available rates or prices and does not guarantee against
pricing errors. Lido reserves the right, in its sole discretion, to not process or to cancel any orders placed
for Lido Offerings or Merchant Offerings, including, without limitation, if the price was incorrectly
posted on the Site. If this occurs, Lido will attempt to notify you via the Site or by email. Refunds for
cancelled orders may be issued in Lido’s sole discretion, where appropriate.
In addition, Lido reserves the right, in its sole discretion, to correct any error in the stated retail price for
any Lido Offering or Merchant Offering.
Except as otherwise provided above with respect to the issuance, if Lido’s accepts an order for a
Merchant Offering, you are not entitled to any refund from Lido for such Merchant Offering. You will
need to contact the Merchant directly to request a refund, which such Merchant may provide in its sole
discretion. However, in addition to as set forth above, Lido may issue a refund to you with respect to
Lido Offerings, if you cancel an order prior to the reservation date (as discussed below).
2. Lido Offerings
Lido Offerings you purchase through the Site are subject to the terms below:
Orders. When you click the applicable “complete order” button (i.e., the button or widget that allows
you submit an offer to buy a Lido Offering) on the Site with respect to a Lido Offering, this click
constitutes an offer by you to buy the Lido Offering. Your purchase is not complete until we contact you
via the Site or email to confirm the transaction – at such time, an order for a Lido Offering is complete
(but subject to change, alteration or cancellation at set forth in these Terms of Sale). We reserve the
right to reject your offer and not conclude a contract with you.
Further (and, for the avoidance of doubt), an order for a Lido Offering generally constitutes: (i) a daily
rental, as applicable, of Lido products (e.g., beach chairs, umbrellas, beach games), (ii) purchases of
refreshments (e.g., water), and (ii) concierge services provided by our beach butlers in connection with
the foregoing. Unless otherwise expressly stated on the Site in connection with an offer, a Lido Offering
is not an offer by Lido to sell any beach equipment, gear or furniture to you. The foregoing items are
only offered for rent via the Site.
Changes or Cancellations. Once an order is complete, if you wish to: (i) cancel your order for Lido
Offerings prior to the scheduled reservation or set-up time (“Reservation”), or (ii) change the quantity of
products or services purchased, you are required to contact us via the Site at least one (1) day prior to
your Reservation to submit your cancellation or change request. If you comply with the foregoing, we
will honor your request, and refund and/or revise your order: e.g., if you request a cancellation on the
day prior to your Reservation, we will refund 100% of your pre-paid fees with respect to the cancelled
order. Once that window closes, however, we may refuse to make any changes to your order and
decline to issue refunds with respect to any pre-paid fees, in each case, in our sole discretion; provided
that Lido will generally attempt to refund you (although we make no guarantees) a portion of the pre-
paid fees if you cancel an order via the Site at least one (1) hour prior to the Reservation.
Order Location. Once an order is complete, our beach butlers will set up the applicable products
subject to the order (e.g., beach chairs, umbrellas, canopies, or cabanas) at a specific location (e.g.,
beach or park location) applicable to your order (each, the “Order Location”). We agree to use our
reasonable efforts to complete each order set-up prior to the onset of a Reservation (although we
cannot guarantee the foregoing). Lido reserves the right to select the Order Location for each order;
provided that we agree to do so based on the reasonable discretion of our personnel, taking into
consideration the weather, crowds, any requests you submit to us, and other material and
contemporaneous factors at the location. Once your Order Location is selected by us, we will enable a
geolocation tag to this Order Location and align this tag to your order. We will use this Order Location
during the length of your order to provide products and services to you, including delivery of Merchant
Offerings and close-out of your order (e.g., return and restocking of Lido products subject to your order).
Once the order set-up is complete, you cannot move or change the Reservation Location for your order
(e.g., you cannot move the Lido products, such as umbrellas or cabanas, to any other site or location
where we are providing services). If you do so, you will void your order, and Lido has the right to cancel
your order immediately without refund.
Services, Pricing and Accuracy. Our beach butlers will provide services, including delivery services, only
to the specific Order Location applicable to your Reservation with no exceptions. You acknowledge and
agree that for each given order, we are only responsible to provide services to the specific Order
Lido Offerings are subject to applicable taxes and these will be added at checkout. Applicable delivery
charges with respect to any products (including Lido Offerings and Merchant Offerings) will be stated in
the offer terms, and may vary by offer. If delivery charges are not included in the advertised price for
the offer, such costs will be calculated and added at checkout. Occasionally there may be an error or
omission related to the pricing of advertised Lido Offering. We will use reasonable efforts to correct any
pricing errors or omissions as soon as practicable after learning of them. We reserve the right to
change, modify, substitute, suspend or remove without notice any pricing information related to Lido
Offerings for sale on the Site. If there was a pricing error or omission and you have already purchased a
Lido Offering: (i) if the actual price of the Lido Offering is less than the stated price at the time of
purchase, we will charge you the lower price; or (ii) if the actual price of the Lido Offering is higher than
the stated price, we will contact you and allow you the option to pay the correct (higher) price or cancel
your order and receive a refund. Unless stated otherwise in the offer's terms, all Lido Offerings are sold
While we work to ensure that the descriptions and information on the Site with respect to Lido Offerings
are correct, we cannot guarantee that these descriptions are accurate or complete. All information
relating to products subject to your order is provided for informational purposes only, and we
encourage you to read all information presented on labels, warnings and directions that accompany the
Lido Offerings before use. You agree to use all products (e.g. beach chairs, umbrellas or cabanas)
subject to your order at your own risk and peril. You agree that any injury you may suffer resulting from
your use of any Lido Offering, including any product subject to your order, is not the responsibility of
Lido in any respect, and you hereby agree to irrevocably release Lido, its affiliates and subsidiaries, and
their respective agents, representatives, officers, employees, directors and attorneys in their capacity as
such, from any and all (past, present and future) claims, losses, damages, or liability of any kind and
nature, at law, in equity, or otherwise, known and unknown, with respect to your use or misuse,
including any such use or misuse of by others, of the Lido Offerings subject to your order.
Your Responsibilities. It is your responsibility to ascertain and obey all applicable local, state, provincial,
territorial, federal, and international laws relating to the receipt, possession and use of any product
subject to a Lido Offering at your Order Location. The foregoing obligation also equally applies to
anyone whom you permit to use or receive any products or services subject to your order with us.
When products (e.g., beach chairs, umbrellas or cabanas) subject to your order are delivered to the
Order Location upon time of Reservation, risk of loss in and to those products will transfer to you
without exception. You agree that the costs or expenses with respect to any loss, damage, theft or
other misplacement of these products shall be fully born by you. In the event of such a loss or damage,
you agree to be fully liable to Lido for the fair market value of such loss or damage, in each case, as
determined by Lido in its discretion.
The risk of loss for the products will remain with you during the pendency of your Order until you click
on the applicable “leaving” button on the Site (i.e., the button or widget that allows you to alert the
beach butlers that you want to check-out). Upon clicking on the “leaving” button, our beach butlers will
promptly come to your Order Location, close-out your order on the Site, and collect the rental products
subject to your order, at which time risk of loss for such products will be assumed by us (provided that
(i) you returned all products subject to your order, and (ii) none of the products were damaged, other
than through normal and expected wear-and-tear.
3. Merchant Offerings
Products and Services. Through the Site, Merchants allow you to purchase Merchant Offerings directly
from the Merchant. Terms and conditions regarding pricing, delivery and returns will vary by Merchant
and will be stated in the Merchant’s sale terms. Unless stated otherwise in the sale terms, all Merchant
Charges for delivery and applicable sales taxes will be added at checkout. Once you click on the
applicable “complete order” button (i.e., the button or widget that allows you submit an offer to buy a
Merchant Offering) on the Site, Lido will notify the Merchant of your requested order. Your purchase is
not complete until you receive notice via the Site or email from Lido confirming whether or not the
Merchant has accepted your order (but subject to change, alteration or cancellation at set forth in these
Terms of Sale). Merchant is solely responsible for all Merchant Offerings purchased through the Site,
and further, you acknowledge and agree that Lido has no responsibility or liability whatsoever with
respect to any Merchant Offerings (other than limited delivery obligations with respect to certain orders
in the event Lido personnel deliver Merchant Offerings to you).
Further, except as otherwise provided above in Section 1 of these Terms of Sale, if Lido’s accepts an
order for a Merchant Offering, you are not entitled to any refund, in whole or in part, from Lido for such
Merchant Offering. You will need to contact the applicable Merchant directly to request a refund. The
Merchant may provide such a refund to you in accordance with its sale terms or, if those terms are silent
on the issue of refunds, in its sole discretion.
Coupons. If coupons are offered by Merchants to you on the Site, coupons are subject to the terms and
conditions as specified by the Merchant. By obtaining or purchasing a coupon through the Site, you
acquire the right to redeem the coupon with the Merchant. Any service fee retained by Lido from the
sale or distribution of a coupon, if applicable, is compensation to Lido for marketing, promoting,
advertising, and distributing the coupons on behalf of the Merchant. As the issuer of the coupon, the
Merchant shall be fully responsible for any and all liabilities, caused in whole or in part by the Merchant,
as well as for any liabilities arising from any regulatory action. Coupons have no cash or residual value.
Lido does not make any warranty in relation to the coupons, including, without limitation, their validity
and/or value. Lido is not a party to any transaction that the Merchant and you may enter into as a result
of you purchasing or receiving any Merchant coupon.