GENERAL
The following terms and conditions govern the use of the website and/or platform and/or mobile applications and/or any related servicesmade available by EqpmntRentals.com BV By using and/or participating in our service the user agrees to be bound by these terms and/or conditions of use. We can and may modify, add, or delete portions of these terms and/or conditions of use, including the pricing terms, at any time whitout notice. If you do not agree to these terms and/or conditions of use, you must cease using our service by deleting your subscription. When we change these terms and/or conditions of use, we will post a notice of these changes. Any revisions to these terms and/or conditions of use will become effective the first time you access or use our service. If you do not agree to these terms and/or conditions of use, you are not authorized to use or access our service.
Our service comprises an online platform through which Lessors can create listings for tools, machines and equipment, and users can rent/lease these tools, machines and equipment directly from the lessors. You understand and agree that EqpmntRentals.com B.V. is not a party to any agreements between lessors and renters, and agree that EqpmntRentals.com BV not a machine broker, not an agent nor an insurer, even if renters and lessors use the agreement for their own agreement, EqpmntRentals.com B.V. has no control over the conduct of lessors nor the renters nor other users of our service, nor any vendors, and disclaims all liability in this regard to the maximum extent permitted by law. Notwithstanding anything to the contrary in these terms and/or conditions of use or the rental agreement, no portion of the fees will deemed to be compensation for anything other than the provision of our service.
These terms and/or conditions of use include a release by you of all claims for damages against us that may occurdue to your use of our service. By accessing and/or using our service, you agreeto this release.
If you are a resident outside The Netherlands and/or access and/or use our service outside The Netherlands, by accepting these terms, you agree to the arbitration agreement and class action waiver described in the section titled arbitration below to resolve any disputes with us.
The General Data Protection Regulation (GDPR)
In order to make a reservation of a tool, machine or equipmnet from a lessor through our service, or to offer for renting out your tools, machines or equipment to a renter through our service, you must register for a user account. In these terms and/or conditions of use, users that reservate time to use the tools, machines or equipment on our platform are referred to as renters and users that offer for renting out their tools, machines or equipment through our service are referred to as lessors.
In connection with registering for and/or using our service, you agree to provide accurate, current and complete information about you and your organization as requested by EqpmntRentals.com BV; maintain the confidentiality of your password and other information related to the security of your account; maintain and immediatly update the registration, to keep such information current and complete; and you are fully responsible for all use of your account and for any actions that take place through your account.
I. PARTIES
These terms and conditions contain and govern the entire agreement between the users and EqpmntRentals.com BV These terms and conditions are deemed to have been irrevocably accepted at the conclusion of an agreement, regardless of any prior correspondence and regardless of any other terms and conditions or any documents or forms of any kind. . Any deviation from the present terms and conditions must only be made in writing by means of a registered letter.
II. DEFINITIONS
EqpmntRentals: EqpmntRentals.com BV located at Zwanebloem 47, 2408LT in Alphen aan den Rijn, The Netherlands.
Platform: the platform on the website www.eqpmnrekenals.com and / or an app.
Machine: one or more, whether or not assembled and / or motorized (hand) tools and / or machines in the broadest sense of the word that are suitable for rental.
Advertisement: the advertisement of one or more Machines offered for rental by an Owner via the Platform.
Renter: a natural person or legal entity who wishes to rent a Machine for an agreed period.
User: a natural or legal person who uses the Platform.
Location: the location or locations where the Hirer carries out work for which he wishes to use the Machine, specified by the Hirer when ordering via the Platform.
Operating personnel: personnel of the Owner who are responsible for performing the following services: the set-up, operation, dismantling of the Equipment at the Location and any transport of the Equipment.
Equipment: the equipment rented by the Owner to the Hirer as described in the Order Confirmation. Equipment considered to include: Machines (cranes, excavators, containers, etc.), accessories (buckets, chains, attachments) and other accessories that may be necessary for the use of the Machines.
Owner: the User or Owner who wants to make his Equipment available for rental by means of the Platform and of which he is either the rightful owner or has a right of use on the basis of any agreement.
User account: the pages on the Platform that are reserved for Users after registration on the Platform and which are accessible by registering on the Platform with the login codes in accordance with the further provisions in these General Terms and Conditions.
Rental Agreement: the rental agreement concluded between the Hirer and the Owner regarding the rental of the Equipment and which includes the rental conditions.
III. PRIVACY
1. We collect and process the identity and contact details that we receive from the users and that relate to the users themselves, their staff, employees, appointees and other useful contact persons. The purposes for these processing operations are the implementation of this agreement, customer management, accounting and marketing activities such as sending promotional and / or commercial information.
2. The legal grounds are the implementation of the agreement, the fulfillment of legal and regulatory obligations and / or the legitimate interest of EqpmntRentals. For direct marketing purposes by e-mail (such as a newsletter or invitations to events), the client also gives its express and free permission to EqpmntRentals to use its personal data.
3. The controller is EqpmntRentals. The aforementioned personal data will be processed in accordance with the provisions of the General Data Protection Regulation (AVG / GDPR) and will only be passed on to processors, recipients and / or third parties insofar as this is necessary in the context of the aforementioned purposes for the processing. The User is responsible for the correctness and updating of the personal data that he provides to EqpmntRentals and undertakes to strictly observe the provisions of the General Data Protection Regulation (AVG / GDPR) with regard to the persons. whose personal data he has provided to EqpmntRentals, as well as with regard to any personal data he may receive from his staff, employees and appointees.
4. The User confirms that he has been adequately informed about the processing of his personal data and about his rights to access, correct, delete and object. For further explanation, EqpmntRentals explicitly refers to the Privacy statement, as added as an appendix to this agreement and can be found on the Platform. The user confirms to have taken note of this Privacy Statement and to accept its content.
IV. THE SERVICES
1. Identity verification
Based on the information provided to it by the Users, EqpmntRentals will make every effort to verify the identity information of the Users to the extent permitted by law. The Users acknowledge that EqpmntRentals must of course base itself for this on the data provided by the Users (without being able to verify its correctness). For this reason, EqpmntRentals can under no circumstances be held responsible or liable for any inaccuracies in the identity data of the Users (whether deliberate or unintentional) or damage that could result therefrom. When handing over the Machine, De Eiegnaar will establish the identity on the basis of a check of the identity document on the basis of the information on the Rental Agreement.
2. Payment Management
EqpmntRentals will be responsible for the management of the payments in connection with the rental fees payable by a Renter to the Owner. These payments can be, for example, the rental price, deposit, mileage allowances, transport costs or other costs as stated in the Advertisement. They may also include fines payable by a Hirer to an Owner under the Rental Agreement. These payments will be made by the Renter via an online payment system or via the use of its own payment tools, insofar as these have been accepted in writing by EqpmntRentals. The payment service that EqpmntRentals makes available can only be used for regular payments and not for the payment of fees that are caused by the execution of a judicial or arbitral decision as a result of a dispute between two or more Users. Only costs or amounts entered in the Platform can be charged. All costs or amounts not stated in the Platform are considered unjustified and must be paid neither by EqpmntRentals, nor by the Renter. The terms and conditions regarding the online payment system can be found here and are also attached as an appendix to this agreement. They are an integral part of this agreement.
3. Assignment
The Owner transfers the authority to collect his invoices that are a result of an agreement between Users via the Platform to EqpmntRentals. EqpmntRentals will therefore be responsible for collecting the invoices regarding the rent and other agreed amounts. EqpmntRentals may in turn transfer this assignment to a third party (eg credit insurer) in order to pursue the recovery of unpaid invoices. For the rest, EqpmntRentals remains a third party in the transactions that take place between the Renter and the Owner. The Renter can only pay liberally on the account of EqpmntRentals and only through the Platform and the integrated online payment system, subject to the exceptions included in these conditions.
4. Insurance
In the context of the Rental Agreements, EqpmntRentals does not offer the Users the option of taking out insurance. Owner indemnifies EqpmntRentals against all damages and consequential damages. EqpmntRentals recommends taking out machine breakdown insurance, liability insurance and credit insurance with their own insurer. With these insurance policies, the Owner can cover any damage caused by the Renter, and the Renters can reduce the amount that remains at their expense in the event of liability. Agreements that are concluded outside the Platform are not covered by these General Terms and Conditions. The Users are responsible for this themselves. The liability in this respect rests entirely and solely with the Owner. When loading the machines in the Platform, the Owner or Owner must state the actual value of the machines. This is important for the insurance that can be taken out by the Renter with their own insurer. The liability in this regard rests entirely and solely with the Owner or Owner.
V. ACCESS TO THE WEBSITE
1. Registration
The Platform is only accessible and may only be used by Users who are registered on the Platform. In order to register on the Platform and gain access, Users must meet the following conditions:
For the Owner:
- Be registered on the Platform under his / her real identity (stating legal form) and have indicated his / her real address and company registered office, together with the Chamber of Commerce number and VAT number.
- Provide a telephone number and e-mail address where the Owner can actually be reached (prepaid SIM cards are excluded);
- Only offer Equipment for hire of which he / she is and will remain the owner for the entire term of the hire, or of which he / she has the legal right of use, without any third party being able to assert any right (contractual or legal) that prohibits or can prevent the rental of the Equipment.
- Only offer Equipment for hire that (i) complies with all applicable legal and regulatory requirements, (ii) of which the maintenance and checks recommended by the manufacturer have been performed (timely and correctly) and (iii) of which the complete safety equipment has been is in perfect condition, in particular protective plates, the tires, the brakes, the headlights and lighting, steering, seat belts and where all necessary safety provisions are of course present with the Equipment that is rented.
- Only offer Equipment for rent that is sufficiently insured throughout the year through its own machinery insurance policy that allows rental to third parties.
- Only offer information that provides truthful, exact, complete and up-to-date information about the Equipment.
- When placing the Machine on the Platform, the Owner of all machines must provide the serial numbers. The liability in this respect rests entirely and solely with the Owner.
- When placing the Machine in the Platform, the Owner or Owner must state the actual value of the machines. This is important for the insurance that the Tenant can take out himself. The liability in this respect lies entirely and solely with the Users for requesting this.
For all Users:
If the User communicates or has communicated incorrect information, EqpmntRentals has the unilateral right to immediately terminate the cooperation with the relevant User (s) without prior notice and / or compensation and / or without prior notice of default and give him / her further access to to deny the Platform, without prejudice to the right of EqpmntRentals to claim compensation for the damage it has suffered, which is estimated at a fixed amount of € 20,000 (being the reasonably foreseeable damage) and without prejudice to EqpmntRentals' right to prove the damage actually suffered, budget and claim. A breach of these terms and conditions (such as, for example, the communication of incorrect information) can also result in the concerned User (s) losing the provided rights. The User undertakes to provide all information and documents regarding the Machine requested by EqpmntRentals upon first request.
EqpmntRentals reserves the right, without giving reasons and in its sole discretion, to accept or refuse a registration on the Site and to suspend and / or delete the User Account of any User who does not comply with these terms and conditions, such as for example for:
- A User who takes an inappropriate or disrespectful attitude towards other Users, EqpmntRentals and / or its partners;
- A User who is involved in illegal practices whether or not through use of the Platform;
- A User who uses the Platform fraudulently;
- A User who circumvents the Platform or these conditions;
- A User who fails to fulfill its obligations towards EqpmntRentals, such as the payment of invoices;
- A User who is in breach of these terms and conditions.
2. Confidentiality and identification codes
When registering on the Platform, the User creates a User account and chooses a login (being his e-mail address) and a password (hereinafter: the “Identification Codes”). The Identification Codes are personal, confidential and non-transferable. The User undertakes to keep his identification codes confidential and not to disclose them to anyone. If the User loses or has distributed his Identification Codes, he must immediately inform EqpmntRentals thereof. EqpmntRentals will then proceed with the cancellation and / or adjustment of the Identification Codes as soon as possible. The User is fully responsible for his Identification Codes, also in the event of loss, and the consequences of any unlawful access to the User Space by third parties.
3. Know your customer (KYC)
To create an account, the User (or his legal representative) must always provide a valid identification document, as well as all useful information about the company. EqpmntRentals may at any time additionally check the identity data of a User by requesting all data that may be relevant to this. In this case, the User must provide or show the requested data to EqpmntRentals on first request. In any case, EqpmntRentals is obliged to collect and process certain personal data. By using the Platform and by registering as a User, you acknowledge and accept the processing of your personal data by EqpmntRentals in accordance with the applicable legislation and the provisions of the privacy policy regarding the protection of personal data.
4. Availability of the website
EqpmntRentals will make all reasonable efforts to maintain the continuity of the Platform as well as possible. The Users acknowledge that EqpmntRentals does not guarantee the permanent availability of the Platform in this respect, including in the event of any malfunction, defect, maintenance interventions or other interventions that are necessary or useful to allow the Platform to function optimally or to improve it, as well as in case of force majeure. or an event that is beyond the control or control of EqpmntRentals. The User agrees that the Platform can be suspended at any time, without prior notice and / or without compensation being payable to the User. EqpmntRentals can under no circumstances be held liable as a result of any interruption in the availability of the Platform, including when a Rental Agreement has not been concluded or not (fully) performed as a result.
If a malfunction or a problem would prevent the proper functioning of the Platform, EqpmntRentals will take all possible measures to repair the Platform within the shortest possible time. Assistance with the use of the Platform is available by e-mail and telephone under “contact information” in the legal mentions. Problems with the Internet and / or the hardware of the User are not covered by this assistance.
VI. OPERATION OF THE PLATFORM
1. Users can place Advertisements for the rental of Machines. In order to categorize an Advertisement, several questions are asked on the Platform about the Machine concerned, in particular about the location, age, characteristics, service area and availability of the Machine and the related rules and conditions. The Advertisement is published via the Platform and the Social Media Channels managed by EqpmntRentals. The other Users can rent and / or reserve the Machine through the Platform in accordance with the information stated in the advertisement. Advertisements are only possible for Machines that meet the requirements described in these conditions.
2. The Owner understands and accepts for every booking that he cannot ask for a price that is higher than the price stated in the booking and / or Advertisement.
3. The Owner acknowledges that it is fully liable for the advertisement published, both in form and content thereof. Accordingly, the Owner declares and warrants that all Advertisements and all hiring and / or rental by a Renter and / or Owner of a Machine mentioned in an Advertisement, does not infringe any agreement, law or other applicable regulations and that they in any case do not violate the rights of third parties. EqpmntRentals cannot be held liable for violations of agreements between the Owner and / or Renter and a third party, or other violations of obligations by the Owner and / or Renter towards third parties, or violations of applicable laws and regulations.
4. EqpmntRentals reserves the right to withdraw or deactivate access to an Advertisement at any time without notice and for any reason, including Advertisements that EqpmntRentals for any reason is questionable, in violation of these terms and conditions or harmful to the Platform.
5. Any tools that EqpmntRentals would make available to the Owner and / or Renter to help him / her make well-considered decisions regarding the rental or rental of the Machine (ie the rental price) are purely indicative. The Owner and / or Renter acknowledges and accepts that he / she is exclusively responsible for all his / her acts and omissions, including the determination of the rental conditions.
VII. RENT
1. Establishment of the lease
a) The Tenant sends a rental request via the Platform. The Owner has 24 hours to accept or decline. The Owner must confirm this within the following deadlines:
- When the rental is to commence at the earliest two calendar days after the rental request, the Hirer must confirm the rental within 36 hours after receiving notification from the Owner.
- If the rental is to commence the same day as the rental request, the Tenant must confirm the rental within one hour of receiving notice from the Owner.
b) The parties can always cancel free of charge up to 72 hours before the start date of the rental. After this period, a fixed termination fee of 1.5 days rent respectively, plus any transport costs and administration costs of 2% on that 1.5 day rent for rental contracts of a duration shorter than one month, or a fixed termination payment of 1 month applies. rent plus any transport costs and administration costs of 2% on that month's rent.
2. Duration of the rental
a) The lease commences when the Lessee or authorized person takes delivery of the leased property at the owner's warehouses.
If it has been agreed that the Machine must be delivered on a certain day / time by the concerns of the Owner or a transporter to be appointed by him, the Renter is liable that he or someone is present at the agreed time and Location for the receipt and verification of the Identity Card. If not, the Owner is entitled to take back the machine and charge the transport costs to the Renter. The Renter who fails to pick up and / or receive the machine at the agreed time, nevertheless remains bound by the rental agreement for the agreed term or a term that is at least equal to the one he has specified as the probable duration of the rental. .
b) The lease ends: When it has clearly been entered into for a specific period on the agreed date, without the Lessee being able to invoke tacit granting. In all other cases, on the day of return to the Owner's warehouses, provided this is done within opening hours and upon delivery by the Owner of a written stool, however, if no specific end date has been agreed, the Owner has the right to to terminate the lease at any time, provided notice by registered letter at least one week in advance. The period of one week starts on the day after the registered letter is posted. After expiry of the notice period, the lease is irrevocably terminated.
c) As soon as the rental period has ended, the Lessee will be deemed to be in default by operation of law and without any reminder to return the Machine. From that moment on, the Owner has the right to have the Machine retrieved, without having to appeal to the Judge, wherever it is located. All costs, including but not limited to dismantling, loading, transporting, unloading, etc. are fully borne by the Lessee. For any day of delay in the return of Machine, Renter will be liable to pay compensation at least equal to the normal rental price for one day, while retaining the Owner's right to claim additional damages.
3. Risk
a) Only the Hirer bears the risk of loss and damage to the Machine during the entire rental period, therefore also during the return transport unless the Owner carries out the transport himself. Transport, loading and unloading costs are at the expense of the Renter. The Hirer or his representative undertakes to inform the Owner of the following facts within 24 hours:
- theft of the Machine;
- damage, whether or not by a third party;
- judicial seizure or seizure by the creditor;
- failure.
- malfunctions
If the Renter does not notify the Owner within 24 hours of the theft or damage caused by a third party or of judicial seizure or seizure by the creditors or of the failure of the Machine, the Renter is obliged to pay compensation equal to the loss incurred by the Owner as a result of that silence, with a minimum of € 200.00.
b) The Owner delivers the Machine in a perfect state of maintenance, inspected according to the legal guidelines, completely filled with lubricating oil and diesel fuel if necessary. When picking up, the Lessee must check this if desired. The collection or receipt by him or his authorized representative constitutes irrevocable acceptance.
c) The Hirer is liable for the return in the same condition. Regardless of his recourse against third parties, he is liable for any loss, damage, difference, capital loss, etc… in the broadest sense without being able to invoke fault or intent on the part of third parties, coincidence or force majeure against the Owner. Taking back by the Owner, on the other hand, does not imply acceptance and does not exclude a claim for compensation. The Owner has a period of 48 hours after taking back, Saturdays, Sundays and public holidays not included, to inform the Hirer of his findings regarding damage, loss, etc. He does this by registered letter, inviting the Hirer to come to a contradictory assessment of the damage in the Owner's warehouse within five calendar days. If the Lessee does not respond to this after the expiry of that period, this will be regarded as acceptance. The Owner is then authorized to proceed with immediate repair or replacement and to charge the costs, as well as all additional damage items, to the Hirer.
d) The Renter is also liable, over the entire rental period, for any damage or nuisance caused by the Machine, or its use, even if not incorrectly caused to third parties. It will indemnify the Owner against any claim made against it based on damage caused with or by the Machine.
4. Rental price and rental conditions
a) The rental continues on Saturdays, Sundays and public holidays. For the calculations of the rent, a flat-rate account is taken of a normal working time of 8 hours for the period of one day, 16 hours for the period of 2 days. The weekend starts on Friday at 6 pm and ends on Monday at 10 am.
- 40 hours for a period of 7 days or a week.
- 175 hours for a period of 30 days or one month.
No discount is allowed if the effective working time is shorter than the fixed amount. If the effective working time exceeds the fixed amount, the rent will be increased pro rata to the additional hours. To do this, the time indicated by the machine's hour counter is used. For a period of one day, the Tenant may keep the rented object for a period of 24 hours. The Tenant must pay a sum in advance that corresponds to the probable duration of the rent to be stated by him. If a Tenant is allowed to work on credit, no sum needs to be paid in advance and invoices will be made monthly. The day on which the lease commences is the day of claimability. If the Machine is kept longer than the period for which payment was made in advance, a new advance payment must be paid no later than the first day of the extension, equal to the rent for the rental of the presumed extension, the same must be done with each extension .
b) The claimability date is the day on which the extension takes effect. If the circumstances indicate that the Renter will not want and / or cannot fulfill his payment obligations (bankruptcy, protested bill of exchange, bad check, delay of payments) then the Owner has the right to recover the costs of the Renter or the Machine, where they are in sight and immediately have them back at their disposal. The Lessee will under no pretext be able to rely on articulated damage such as wo but not limited to loss of profit and the like.
c) If a deviation from the aforementioned method is explicitly permitted in writing by the Owner, the rent will be invoiced at the end of the month of delivery and every subsequent month.
d) The Turnover Tax and all other taxes, duties, levies or costs are always borne by the Hirer.
e) If the Lessee fails to pay the principal amount stipulated in the invoice within the aforementioned period, the full amount will be payable in full and without further notice of default.
f) Any debt of a Tenant that remains unpaid on the due date, will automatically and without notice or any other formality, yield an interest of 8% per year, counting from the due date until the day of full payment, as well as a fixed amount. compensation of the collection scheme with a minimum of 125 Euro, on the amount due in principal.
g) If a party fails to pay an invoice in principal within the aforementioned term, the full amount is payable in one go and without further notice of default, even if not all amounts have expired.
h) Any delay in payment may give rise to the suspension or destruction of deliveries and works still to be carried out, and to refuse to accept new orders.
i) In the event of bankruptcy or any other situation that suggests the Tenant's financial insolvency, this agreement will be automatically terminated by operation of law, unless otherwise notified in writing by the Owner.
5. Deposit
The deposit is intended to cover various obligations of the Tenant. It must be paid when the rental contract is concluded. It should never be regarded as an advance on the rent and will only be returned to the Tenant after it has become apparent that the Tenant has fulfilled all his obligations. The guarantee never gives entitlement to interest.
6. Guidelines for use
With a reminder of what has been agreed above and without this list being intended to be complete, the Lessee is informed of the following obligations, which he must comply with, taking into account the nature and type of the hired Machine:
- The Lessee is obliged to protect the rented object against overload and damage and to ensure that maintenance is carried out expertly and professionally in accordance with the regulations used.
- The Lessee must check the oil level of the compressors and the engines on a daily basis and, if necessary, add suitable oil.
- The Lessee must carry out the periodic maintenance of the equipment in accordance with the maintenance instructions that he has received explicitly acknowledged when subscribing to this agreement. This maintenance is at his expense and can possibly be carried out at the request of the Owner, at the expense of the Tenant.
- The Lessee must ensure that the Machines are set up in accordance with the instructions (spirit level).
- The Lessee must carry out minor maintenance on a daily basis (eg blow off condensate from the pressure reservoir of the compressor installations).
- the Lessee must use proper fuels.
- The Lessee must use the material in good working conditions such as proper lubrication, air filters kept clean, dust-free and dry storage, etc.
- the Lessee must replace the carbon brushes of the electrical machines or notify the Owner on time.
- The Lessee must comply with all legal and regulatory decisions regarding the use, putting into operation or possession of the rented Machines, avoiding nuisance, etc. from the start of the rental period until the return he is for all costs and risks that their possession or use entails, such as taxes, permits, mandatory controls, or security measures, etc. He will indemnify the Owner against any demands or attacks of that nature. The Tenant is obliged to have all statutory or regulatory imposed control measures in place, without any intervention by the Owner therein.
7. Various provisions
a) The Tenant is prohibited, except with the written permission of the Owner, to sublet or lend the rented property, or to hand it over to third parties under any other conditions.
b) The use of the Machine is only permitted for the residence or place of business of the Renter and any movement of the rented object outside this location is prohibited without prior written permission.
c) When repairs become necessary as a result of normal wear and tear, the Hirer must immediately notify the Owner. The Owner then carries out the work himself or has it carried out by others at his own expense, at no cost to the Tenant. The length of time required for the care, maintenance and any necessary repairs that have proved necessary due to normal wear and tear. The Lessee is not entitled to compensation on the basis of any interruption in the use of the leased property, nor does it derive any right to terminate the lease. The Lessee may not carry out any repair work himself, or have it carried out, but must notify the Owner of any work to be performed. Work that became necessary due to incorrect use or negligence of the Lessee or due to force majeure or acts of third parties, will be borne by the Lessee.
d) When returning to the Site, the equipment must be easily accessible and ready for loading. There is a 15-minute free waiting time for delivery or collection at the Location. If this time is exceeded, every 15 minutes will be charged at the hourly wage applicable at that time. Except for rentals of less than 4 calendar days, the pick-up date must be communicated at least 4 working days in advance.
e) The Owner transfers the authority to collect his invoices that are the result of an agreement between Users via the Platform to EqpmntRentals. The latter will therefore be responsible for the collection of the invoices concerning the rent and other agreed amounts. EqpmntRentals may in turn transfer this assignment to a third party (eg credit insurer) in order to pursue the recovery of the outstanding amounts. For the rest, EqpmntRentals remains a third party in the transactions that occur between the Users. The Renter can only pay liberally on the account of EqpmntRentals and only through the Platform and the integrated online payment system, subject to the exceptions included in these conditions.
8. Dissolution of the lease
a) Failure to collect the rented object on the agreed date or not take receipt of it does not release the Tenant from payment of the rent for the agreed time, or the probable duration stated by him. Reserved materials remain available until 10 am on the day of rental, after which they will be rented out without prior notice. All this without prejudice to any compensation.
b) If the rental agreement is dissolved as a result of a serious shortcoming of the Tenant, such as misuse, displacement without permission, non-payment of the rent or deposit due, subletting to third parties, etc., the Tenant is at least obliged, without prejudice to the right of the Owner on compensation for the demonstrable damage, the agreed rent to be paid for the agreed rental time, or the specified probable rental time, plus a compensation equal to the rent of 1 month which, if appropriate, is immediately deducted from the deposit.
VIII. TERMS OF PAYMENT
1. The Platform has the option of assessing whether a user has access to the platform on the basis of creditworthiness. Users acknowledge that creditworthiness is assessed on the basis of information provided by Users (and any publicly available information), based on computerized analysis without EqpmntRentals intervening in this matter. The parties explicitly agree that invoicing takes place exclusively electronically and that the invoices are legally sent to the e-mail addresses that the parties provided when registering.
2. From the moment the Tenant and Owner have accepted the rental, the Rental Agreement is binding and they are bound by all the conditions contained therein.
3. The invoices of or on behalf of the Owner or Owner are payable in cash within 30 days after the invoice date at the registered office of EqpmntRentals to the account number of the Platform that acts as payment intermediary and receives the payments in the name and on behalf of the Owner for payment (after deduction of its commission) fully in accordance with the PSD2 Guidelines. The amount of money will be held in a blocked account in the meantime, which EqpmntRentals.com cannot obtain without a court order.
4. After payment of the invoice by the Renter, the platform will release the amount due, after deduction of the agreed costs, within 30 days after receipt of the payment for transfer to the Owner. If the Renter has not paid the amount due, EqpmntRentals will collect this (see chapter Credit insurance). Under no circumstances can EqpmntRentals be held liable for the non-payment or incomplete payment of an invoice by the Renter.
5. The costs that EqpmntRentals will deduct from the amount deposited to the Owner upon receipt of payment include:
● Commission
● Cost of payment (credit card fees)
● Administration costs
6. The invoices will be automatically invoiced by EqpmntRentals to the Renter in the name and for the account of the Owner. The Owner will receive a copy of this invoice. The additional costs (cleaning, late arrival, etc.) will also be charged on the final invoice. The invoices will be sent via the platform to the specified billing e-mail address and will also be online downloadable in PDF form for the Renter and the Owner. Online payment option is also provided via Mastercard, Visa, bank contact, etc. The Renter is free to choose the desired payment method, via the 'EqpmntRentals' platform or via his own bank.
7. In order to be valid, any complaint must be made by registered letter to the registered office of EqpmntRentals within fifteen calendar days from the date of execution or sending of the invoice. The invoice date is irrefutably presumed to be the date of sending the invoice. Payment of the invoice without protest within the set term always and without exception provides sufficient proof of the performance provided.
8. If part of the invoice is protested, the protest must clearly state which part of the invoice is protested and to which amount this protest relates. Although the invoice remains fully due and due and payable regardless of the protest, the Renter undertakes to immediately pay at least the non-protested amount or the amount corresponding to the non-protested part in the event of a partial protest, in accordance with the General Terms and Conditions, without this provision in any way being able to detract from the indebtedness and the due and payable the other parts and amounts and the applicability of the General Terms and Conditions thereto.
9. Any debt of a party that remains unpaid on the due date will automatically and without notice of default or any other formality, bear the statutory interest, counting from the due date until the day of full payment, as well as a lump-sum compensation according to the Collection procedure. with a minimum of 125 Euro, on the principal amount due.
10. If a party fails to pay an invoice in principal within the aforementioned term, the full amount is payable in one go and without further notice of default, even if not all amounts have expired.
11. Any delay in payment may give cause to suspend or destroy deliveries and works still to be performed, and to refuse to accept new orders.
12. In the event of bankruptcy or any other situation that suggests the debtor's financial insolvency, this agreement will be automatically dissolved by operation of law, unless otherwise notified in writing from EqpmntRentals.
IX. CREDIT INSURANCE
To be articulated correctly by legal partner, core message:
EqpmntRentals always pays the Owner within 30 days of invoice generation. If the Renter pays within 50 days, EqpmntRentals will pay 100% of the amount due to the Owner. If the Renter pays the invoice later than 50 days after the due date, EqpmntRentals will pay 70% of the amount due to the Owner.
X. INTELLECTUAL PROPERTY
1. EqpmntRentals is the exclusive owner of all intellectual property rights in relation to text, images, sound, videography, software or all other parts of the Platform (regardless of whether these are registered or not), such as the EqpmntRentals brand and all direct or indirectly linked trade names, logos, etc.
2. The User undertakes not to violate the intellectual property rights of EqpmntRentals. No functionality of the Platform, in particular print, download or e-mail transmission, may be used by the User for the purpose or effect of infringing intellectual property rights in the Platform and its parts.
3. The User explicitly undertakes:
● to use the Platform solely with the intention of using the service as described in these terms and conditions;
● not to infringe the intellectual property rights of EqpmntRentals on its Platform, its components and its brands, nor any rights of third parties to these elements that they post online via the Service;
● not to set up a site or service with the intention of providing, constructing, attempting to build, or assisting anyone, directly or indirectly, free of charge or for a fee, a fully or partially identical or comparable service to the Service ;
● to preserve the confidentiality of the login codes and to take all necessary measures to prevent third parties, regardless of their capacity, from gaining access to these codes and to prevent third parties from unauthorized access to the Service or part of it;
4. Compliance with the aforementioned obligations by the User is an essential condition, failing which EqpmntRentals would not have concluded this agreement. Accordingly, EqpmntRentals reserves the right to suspend the User's access to the Platform and / or the Service, and to terminate the agreement immediately and without notice, if the User does not comply with the aforementioned commitments in whole or in part, and that without prejudice to any compensation that may be due to EqpmntRentals, or any other legal remedy that may be exercised against the User.
5. A violation of one or more provisions in this article will also be sanctioned with a fixed compensation of € 20,000.00 per established violation, without prejudice to the right of EqpmntRentals to prove, estimate and claim the actual damage suffered.
6. In order to enable the provision of the services in accordance with the purpose of the Platform, the User grants EqpmntRentals express approval and mandate to use the content and data provided by the Users in the context of the use of the services (hereinafter “User Content”). In order to enable EqpmntRentals to broadcast over the digital network and according to any communication protocol (including the Internet and the mobile network), as well as making the content of the Platform available to the public, the parties permit EqpmntRentals, for the entire world and during the entire period of the contractual relationship and the period thereafter with EqpmntRentals, the User will reproduce, represent, adapt and translate Content in the following manner:
● The parties permit EqpmntRentals to reproduce all or a portion of the User Content, on any digital recording medium, known or still unknown, including any server, hard drive, memory card, or any other equivalent medium in any form and by any process. , known or still unknown, to the extent necessary in connection with any storage operation, backup, transmission or download related to the operation of the Platform and the provision of the Service;
● The parties allow EqpmntRentals to adapt and translate User Content, as well as reproduce those adaptations on all digital media, current or future, for the purpose of offering the Services, in particular in different languages.
XI. LIABILITY
1. The Platform and the Service are offered in the state in which they are. EqpmntRentals cannot be held liable for the malfunctioning of the Platform, such as in particular incomplete availability. EqpmntRentals has an obligation of means for the delivery of the Service and the availability of the Platform, and more generally for the execution of the agreement.
2. The User declares that he accepts the features and limitations of the online service, and that he acknowledges in particular:
- that he is aware of the vagaries of the provision of online services, in particular in terms of response time, possible disruptions and availability;
- it is up to him to take all necessary measures to ensure that the technical characteristics of his computer and / or computer network enable him to access the Platform and use the Service;
- be solely responsible for access to the Internet;
- that it is up to the User to take all appropriate measures to protect his own data and / or software against contamination by any viruses circulating on the Internet or contracted by any other electronic means.
3. EqpmntRentals makes no explicit or implicit guarantee regarding the availability or access to the Platforms and / or the continuity of the Services it offers. The User is responsible for his choice to use the Service.
4. Users acknowledge and agree that EqpmntRentals is not required to perform a background check of its Users. EqpmntRentals reserves the right to verify the information communicated by Users and any public records, at its sole discretion, within the limits of applicable law, and if it contains enough information to identify a User.
5. EqpmntRentals does not verify the information communicated by the User in the Advertisements or the evaluations. The User alone is the author of the content of the Advertisements and the evaluations and this content remains under his exclusive and full responsibility. EqpmntRentals cannot be held liable if the user provides false, incorrect, inappropriate or unauthorized information.
6. EqpmntRentals cannot be held liable if it has removed or made it impossible to access information published by a User that is apparently unauthorized.
7. The role of EqpmntRentals is exclusively limited to bringing Owners and Renters into contact with each other. EqpmntRentals never intervenes in the context of the execution or compliance with the Rental Agreement and all rights and obligations that would arise on the basis thereof (or on the basis of any other ground) between the Owner and the Renter. The tasks of EqpmntRentals are limited to making the Platform available and providing the Services. Consequently, EqpmntRentals cannot be held liable for damage suffered by Users as a result of the use of the Platform or the conclusion of a Rental Agreement.
8. Without prejudice to other provisions in these terms and conditions and in accordance with the legal provisions, EqpmntRentals can only be held liable in the event of a serious grave error or intent on the part of EqpmntRentals, its legal representatives or its employees.
XII. COMPLAINTS HANDLING
1. All complaints regarding invoicing and the functioning of the Platform must be reported to EqpmntRentals within fifteen calendar days by registered mail to its registered address, as well as by email to the email address info@EqpmntRentals.com, under penalty of forfeiture.
2. All complaints regarding the rental agreement and its implementation must be reported directly to the respective parties on the data that can be consulted via the Platform.
XIII. MISCELLANEOUS
1. Invalidity. If any wording, provision, clause or limitation of these terms and conditions is held by any court or competent jurisdiction to be invalid, void or unenforceable, the other words, provisions, clauses or limitations will remain in full force and effect and will in no way be affected, impaired or unenforceable. become invalid. It is hereby agreed and declared that it is the intention of the parties that they would have enforced such remaining terms, conditions, clauses and limitations without including what may subsequently be declared invalid, void or unenforceable.
2. Transfer. The Renter and / or a User is prohibited from transferring the rights and obligations arising for him from the Agreement, in whole or in part, to third parties without the prior written consent of the Owner and EqpmntRentals. EqpmntRentals is allowed to transfer its rights and obligations to a third party without prior notice to Users of the website or platform.
XIV. DISPUTE SETTLEMENT
This provision replaces all conflicting jurisdiction clauses. This agreement is governed by Dutch law to the exclusion of the provisions of the Vienna Sales Convention and other rules of an international private law nature or other rules that declare the law of another state applicable.
