§1 Rental period / Rental agreement
- The rental period shall commence on the day on which the rented equipment is collected from the Lessor’s warehouse. All rented equipment shall be in perfect, operationally safe condition at the start of the rental period. The hirer must convince himself of the perfect condition of the hired equipment when taking it over and check that the items and accessories are complete.
- The minimum rental period is seven days, after which the rental period shall be extended on a daily basis.
The rental period shall end on the day on which the rented equipment, including accessories, arrives at the place designated by the lessor for this purpose in perfect, cleaned condition with all parts required for its operation.
- If the rented equipment is returned uncleaned or in a defective condition, the rental period shall be extended until completion of the cleaning or repair to be carried out immediately by the Lessor. The costs of cleaning or repair shall be borne by the hirer.
- If the rental object is returned later than agreed in the contract, the rental period shall be extended by the corresponding days. If a rental agreement is concluded and a rental object is reserved but not collected, the rent shall be paid for the full period if the equipment cannot be rented elsewhere.
- By signing the rental agreement, the Hirer agrees that the Rental Firm may obtain a copy or a transcript of the Hirer’s identity card. The copy or transcript shall not be made accessible to third parties by the landlord.
§2 Duty to inform
- If the lessee wishes to use the rented equipment for longer than the intended period, the lessor must be informed in good time, but at least one day before the end of the intended rental period, stating the expected duration of the further use of the equipment.
§3 Payment of rent
- The rent is due immediately on return in cash/ or bank transfer without deduction. Outward and return freight in the case of agreed delivery or collection as well as transport insurance shall be borne by the Hirer.
- The lessor reserves the right to demand an appropriate value-adjusted deposit prior to collection or delivery of the rental objects, which must always be paid in cash or by bank transfer and will be refunded after full payment of the rental price. The amount of the Lessor’s claim shall not be limited by the deposit.
- Any terms of payment deviating from this must be made in writing.
§4 Delivery and return delivery
- The Hirer shall be responsible for the transport of the hired object including accessories to the Hirer and back to the Rental Firm. He shall also bear the transport risk.
- In the event of a special agreement between the Hirer and the Lessor, the hired object can be delivered to the Hirer, set up at the Hirer’s premises, dismantled and collected again, subject to the payment of the wage and travel costs.
- Delivery and installation as well as dismantling and return transport shall in any case be at the risk of the Hirer. Intent and gross negligence are excluded from this liability.
§5 Transfer of risk
- Any risk for the rented equipment including accessories shall be borne by the Hirer from the beginning of the removal until the end of the return transport. This also applies in the event of force majeure.
- The loss of the hired object or accessories must be reported to the lessor without delay. In the event of loss of the hired object or accessories, the hirer agrees to reimburse the lessor for the replacement price of the lost equipment.
- If the Hirer notifies the Rental Firm of the loss of rented items, the Rental Firm shall be entitled to retain any of the Hirer’s equipment located with the Rental Firm as a deposit until the Hirer’s claim has been settled or until the rented equipment has been returned.
§7 Retention of title
- The Wate shall remain the property of the Lessor until payment has been made in full.
- The lessee is obliged to notify the lessor immediately of any damage to the rental object including accessories, irrespective of whether this damage is due to natural wear and tear or is the responsibility of the lessor.
- The use of a damaged device or a device that is not in a safe operating condition is not permitted.
- The hired object may not be opened or repaired by the hirer or by a third person.
- All repairs are to be carried out by the lessor or by a person or company appointed by him. If the damage to or loss of the leased property is the responsibility of the lessee, the lessee shall not be released from payment of the rent for the duration of the repair or replacement.
- If the Hirer is responsible for the damage to the hired object, the Hirer shall bear the repair costs.
§9 Passing on
- Without the Lessor’s consent, the Lessee may not transfer the rented items including accessories to third parties for use or otherwise, nor grant third parties any rights to the equipment. Excluded from this are the Lessee’s vicarious agents and assistants.
- Seizure, confiscation or other measures taken by third parties against the equipment at the lessee’s premises are not permitted.
§10 Right of termination
- The lessor has the right to terminate the lease without notice for good cause. Important reasons include, for example, non-compliance with the agreed terms of payment, improper handling and / or failure to maintain and care for the rented equipment, as well as unauthorised transfer of the equipment to third parties.
§11 Liability of the collector
- If the person collecting the equipment knowingly or unknowingly provides false information regarding the hirer, the person collecting the equipment shall be liable in full for the hire charges, cleaning charges, repair costs and replacement costs of the hired equipment and accessories.
§12 Safety regulations
- The rented equipment may only be operated or used by competent personnel of the Hirer and only for the purposes intended by the design of the equipment.
- As the user of the rented equipment, the Hirer is obliged to observe the accident prevention regulations.
- The hirer confirms by his signature that he has been instructed in the operation of the equipment by the lessor and has been made familiar with the possible uses of the rental equipment. He also confirms that he has been made aware of the safety regulations and that he will only use the rental equipment for the intended purpose and in accordance with the instructions of the Rental Firm.
- Under no circumstances can any claims for damages be asserted against the lessor. The lessee shall be responsible to the lessor for damage of any kind caused by deviation from the lessor’s instructions and shall be obliged to pay compensation.
§13 Applicable law, place of jurisdiction, partial invalidity
- The rental conditions and the entire legal relationship between the lessor and the lessee shall be governed by the laws of Spain, to the exclusion of the EU Sales Convention.
- Should a provision in these rental conditions or a provision within the framework of other agreements be or become invalid, this shall not affect the validity of all other provisions or agreements.