Corner to C/Wellington
08018 Barcelona, Spain
+34 93 307 46 34
THESE TERMS AND CONDITIONS ARE MACHINE TRANSLATED FROM SPANISH, AND THE ORIGINAL VERSION IN SPANISH WILL ALLWAYS PREVAIL OVER ANY OTHER LANGUAGE AS STIPULATED IN THESE TERMS AND CONDITIONS.
GENERAL CONDITIONS FOR RENTING
For the purposes of these General Conditions, it is established that the terms indicated below shall have the following meaning: HIRER: LOCLUM, SLNE, with registered office in Barcelona, calle Almogàvers, number 46-48, Local, Postal Code 08018 , and with VAT number B-64891690 (hereinafter also referred to interchangeably as "LOCLUM").
2.- CLIENT: Natural or legal person who leases the EQUIPMENT object of the CONTRACT to the HIRER
3.- EQUIPMENT: The lighting, photographic, video, sound and generator equipment, as well as its components, spare parts and accessories, which are the property of the HIRER or over which the latter holds any title or right, of any kind, and which are leased to the HIRER by virtue of the CONTRACT signed between the LOCLUM and the CLIENT.
4.- CONTRACT: A rental contract signed between the LOCLUM and the CLIENT for the rental of the EQUIPMENT, including both these General Conditions and the Special Conditions agreed between the parties.
5.- NATIONAL TERRITORY: The Spanish territory with the exception of the Canary Islands, Ceuta and Melilla.
6.- INTERNATIONAL TERRITORY: The territory that is not NATIONAL territory.
b) Object of the contract and intervening parties. The rental CONTRACT is of a commercial nature and its purpose is the assignment by the HIRER of the EQUIPMENT and, where appropriate, the provision of SERVICES, which must be detailed in the BUDGET.
Unless expressly agreed in writing, the HIRER does not undertake to provide any information or training on the operation and/or characteristics of the EQUIPMENT The parties involved in the CONTRACT are the HIRER and the CLIENT.
The CONTRACT shall be governed by these General Conditions, which the CLIENT expressly states that he has read in full and agrees with them, and by the Special Conditions agreed between the HIRER and the CLIENT.
The acceptance of the CONTRACT by the CLIENT implies the full acceptance of all these General Conditions of the CONTRACT and, consequently, these General Conditions shall be fully applicable to the CONTRACT in all those matters that do not directly contradict or are incompatible with the particular conditions agreed between the PARTIES, which will result in this case of preferential application with respect to these General Conditions.
Likewise, the PARTIES expressly agree that these General Conditions shall prevail and shall be preferable to any General Conditions used by the CLIENT in its activity, unless they have been expressly and reliably accepted by LOCLUM in writing.
Any modification or extension of the CONTRACT shall be null and void if it is not reflected and duly signed in writing by all the PARTIES. If any of the conditions of this CONTRACT were to be invalidated, this would not affect the validity of the remaining conditions, which the PARTIES undertake to interpret in accordance with the purposes pursued by the PARTIES in this CONTRACT.
The decision of LOCLUM not to require the fulfilment of any condition at any time shall not constitute a waiver of its rights.
c) Validity and non-transferability of the CONTRACT. Once the CLIENT has placed the detailed order and this has been accepted by the LOCLUM, the latter shall send the firm estimate previously accepted by the CLIENT as proof of its conformity, at which time the CONTRACT shall be perfected and shall become fully effective between the PARTIES.
The CONTRACT shall under no circumstances be transferable to third parties by the CLIENT, unless the LOCLUM has expressly agreed in writing to this effect. No modifications shall be admitted after the signing of the CONTRACT, unless the PARTIES have reached a reliable agreement in writing.
d) Duration. 1.- With an agreed return date: The duration of the CONTRACT begins on the day on which the LOCLUM delivers or makes available the EQUIPMENT to the CLIENT and ends on the date of the effective return and delivery of the leased EQUIPMENT, without prejudice to the obligations that may arise from the breach of the contract.
The agreed start and end dates of the CONTRACT may only be modified by express written agreement between the PARTIES. Nevertheless, the CONTRACT may be unilaterally terminated by any of the PARTIES as a consequence of the breach of the obligations stipulated in the CONTRACT.
By mutual agreement the PARTIES may extend the duration of the CONTRACT by setting a new date for the return of the rented EQUIPMENT. If the PARTIES agree to extend the HIRING CONTRACT and do not set a new date for the return of the leased EQUIPMENT, the duration of the CONTRACT shall be determined in accordance with paragraph 2 below.
2.- No agreed return date: In the event that no date is agreed for the return of the rented EQUIPMENT, the duration of the CONTRACT is set at ONE calendar DAY from the day on which the equipment is delivered or made available to the lessee by LOCLUM. Once the period established in the previous paragraph has elapsed, the CONTRACT will be automatically extended for equal periods of ONE CALENDAR DAY, unless either party, with a minimum notice period of ONE DAY, declares to the other party, in writing and by any means that leaves a record of receipt by the recipient, its desire to terminate
e) Causes for the resolution of the CONTRACT. The CONTRACT will be terminated in the following cases:
a) For the duration of the CONTRACT under the terms established in clause 1.d) above.
b) By mutual agreement of the PARTIES.
c) By failure to comply with the payment obligations on the part of the CLIENT, in which case the latter undertakes to place the EQUIPMENT at the disposal of the HIRER and, at the latter's option, to return it to its premises or to allow it to be removed , wherever the EQUIPMENT may be, within 24 hours, counted from the communication in this sense, the CLIENT also being obliged to pay the total price of the due and unpaid rent, with its moratorium interest, and any penalties provided for in this CONTRACT, as well as the damages caused to the CLIENT.
d) In general, for failure to comply with the obligations of the PARTIES established in this CONTRACT, if requested, the defaulting party has not remedied the breach within 24 hours of the request made to that effect.
f) Ownership of the EQUIPMENT The PARTIES acknowledge that the EQUIPMENT is the exclusive property of the HIRER or, if owned by a third party, the HIRER holds sufficient title or rights to the lease which is the subject of the CONTRACT.
2.- PRICE OF THE RENTAL a) The price of the rental of the EQUIPMENT and the method of payment will be those established by the parties in the particular conditions of the CONTRACT, which the parties accept and which constitute an indissoluble and unalterable commitment, unless the parties expressly agree otherwise in writing.
b) The price of the rental shall be calculated on the basis of time units. A unit of time for the purposes of this AGREEMENT shall be ONE calendar day, i.e. 24 hours, the course of which begins on the day and time agreed in the AGREEMENT for the provision of the EQUIPMENT by LOCLUM to the CLIENT. The price will always be calculated by full time units, the minimum rental price being ONE natural DAY, even if the client returns the EQUIPMENT before the end of the agreed time.
c) The details of the EQUIPMENT and services offered by LOCLUM, and the price list, will be published and available on the website www.loclum.com, and are for guidance and information purposes only, always and in any case the price expressly agreed in writing by the parties in the particular conditions of the CONTRACT or quotation.
d) If the CLIENT returns the EQUIPMENT after the end of the agreed period, an additional unit of time (ONE calendar day) shall automatically accrue for each day or fraction of a day of delay in returning the EQUIPMENT, which the CLIENT undertakes to pay to LOCLUM, and this without prejudice to the penalties provided for in this CONTRACT and the damages caused to the HIRER, which the CLIENT also undertakes to pay.
e) If the CLIENT has formalised a rental agreement for the EQUIPMENT and does not include it in the terms and conditions agreed without renouncing or terminating the agreement, it shall entitle the HIRER to unilaterally terminate the agreement at any time after 24 hours have elapsed since the date on which the CLIENT collected the EQUIPMENT, and without prejudice to the obligation for the CLIENT to pay for the days or fractions of days that have elapsed until the resolution by the HIRER, as well as the penalties and damages caused to the latter by virtue of this CONTRACT, which the CLIENT undertakes to assume.
3.- DELIVERY, TRANSPORT, TRANSFER AND RETURN
a) LOCLUM will make the LOCLUM equipment available to the CLIENT and will deliver it to the LOCLUM facilities located in Barcelona, calle Almogàvers, number 46-48, Local, Postal Code 08018.
b) Exceptionally, and if expressly agreed in writing by the PARTIES, LOCLUM will make available and deliver the EQUIPMENT to a location other than its premises.
c) Deliveries of the EQUIPMENT will only be made in NATIONAL TERRITORY, unless the parties expressly agree in writing to the contrary.
d) Delivery and transport shall be at the CLIENT'S risk and expense, and under his/her full responsibility, and the CLIENT shall assume the full cost thereof.
e) The CLIENT undertakes to assume the acts and responsibility carried out by third parties acting on the instructions of the CLIENT at the time of delivery of the EQUIPMENT, such as employees of courier companies, transport companies, self-employed people, etc, which shall be understood in any case to be acting in accordance with the instructions and indications of the HIRER, on behalf and at the risk of the latter and, therefore, expressly exonerating the HIRER from any liability in respect of failure to verify the condition of the EQUIPMENT, damage to loading and unloading, damage to transport or any other act attributable to the aforementioned third party. f) Exceptionally, and if expressly agreed by the parties in writing, LOCLUM shall carry out the transport of the EQUIPMENT for the CLIENT, at the CLIENT's risk and expense, and under the CLIENT's full responsibility, at the price and under the terms and conditions previously agreed by the parties.
g) Under no circumstances shall LOCLUM be responsible for the loading and unloading of the EQUIPMENT, which shall always be carried out at the expense and/or risk of the CLIENT. h) The CLIENT undertakes to return the hired EQUIPMENT at the end of the stipulated period in the LOCLUM's premises at C/Almogàvers 46-48, 08018 Barcelona. The PARTIES expressly agree that failure to return the EQUIPMENT within the term will result in the penalties provided for in this CONTRACT, and that the CLIENT expressly and unreservedly accepts this.
4.- REPLACEMENT OF THE EQUIPMENT
a) LOCLUM, during the entire duration of the CONTRACT and maintaining the other agreed agreements, reserves the right to replace the rented EQUIPMENT with another of similar characteristics and functionalities, with the HIRER bearing the costs generated by such replacement.
b) If the substitution is required by the CLIENT, the latter shall be responsible for the costs incurred by the change, unless the change is due to a malfunction of the EQUIPMENT to be substituted that is attributable to the HIRER by virtue of this CONTRACT, and the CLIENT shall be obliged to accredit such circumstance in a reliable manner as an essential requirement for exonerating itself from the obligation to assume the costs arising from such substitution.
c) The replacement of the EQUIPMENT due to breakdowns is subject to the availability of the HIRER, which the HIRER expressly accepts, and the CLIENT undertakes not to request or make any claim due to the delay or impossibility of replacing the broken-down EQUIPMENT due to the unavailability of the HIRER, in which case it shall only give rise to the termination of the CONTRACT with respect to the broken-down EQUIPMENT.
5.- OBLIGATIONS OF THE CLIENT
5.1.- Collection of the EQUIPMENT The CLIENT undertakes to collect the EQUIPMENT on the date and on the terms and conditions agreed with the HIRER.
Failure by the CLIENT to collect the EQUIPMENT on the date and on the terms and conditions agreed with the HIRER for reasons not attributable to the latter, and without the termination of the CONTRACT, shall not under any circumstances entail the right to deduct any amount from the price, and the CLIENT undertakes to pay the full price agreed.
5.2.- Payment of the agreed price The CLIENT undertakes to pay the price agreed for the rental of the EQUIPMENT by the PARTIES, under the terms and conditions set out in the CONTRACT, as well as, where applicable, any additional costs, damages and/or penalties that may be incurred in accordance with the provisions of this CONTRACT.
5.3.- Review of the EQUIPMENT The CLIENT undertakes to check the state of the EQUIPMENT when it is made available and delivered by LOCLUM, and at that time expressly states any damage or defect to the EQUIPMENT.
The CLIENT undertakes to check the condition of the EQUIPMENT when it is returned to LOCLUM, and at that time expressly states any damage or defect to the EQUIPMENT. Any damage or defect to the EQUIPMENT that is recorded at the time of return and not at the time of delivery shall be borne by the CLIENT, who undertakes to pay for it. The PARTIES agree that LOCLUM has 5 working days to verify the existence of physical defects, as well as hidden defects and the correct functioning of the EQUIPMENT from the time the EQUIPMENT is returned.
5.4.- Use and maintenance of the EQUIPMENT
a) The CLIENT is responsible for the correct use of the EQUIPMENT or any of its parts, components and/or accessories, and must use them appropriately and in accordance with the recommendations for use made by the HIRER and/or the manufacturer.
b) The EQUIPMENT and accessories rented shall be used solely and exclusively for the purposes for which they have been contracted and which are their own, in the place indicated in the CONTRACT, and shall be absolutely subject to the general health and safety regulations in force and, where applicable, to the instructions or indications of LOCLUM.
c) The CLIENT is obliged to ensure that the EQUIPMENT is only handled and used by authorised and duly qualified personnel, assuming any damage or harm derived from handling or use by non-authorised or qualified personnel.
d) The CLIENT undertakes to carry out the daily checks and adjustments of the levels and other liquids of the EQUIPMENT and its accessories, checking and maintaining the necessary and appropriate elements, in accordance with the instructions of the manufacturer and/or the HIRER. For the purposes set out in the previous paragraph, the CLIENT shall use the elements supplied or recommended by the HIRER to avoid mixing and risks of confusion.
d) The use of inappropriate, non-approved or legally unauthorised fuels or spare parts is strictly prohibited.
e) Any damages, breakdowns or penalties arising from the improper use of the EQUIPMENT shall be fully borne by the CLIENT, who also undertakes to keep the HIRER free from any claims.
f) The CLIENT shall be responsible for all breakdowns caused by the improper and/or negligent use of the EQUIPMENT.
5.5.- Limitation on repairs. With the exception of the above-mentioned checks and maintenance operations, the CLIENT may not replace, manipulate, alter or modify the hired EQUIPMENT without the HIRER's prior express written authorisation.
5.6.- Notice of faults The CLIENT shall notify the HIRER immediately of any breakdown or malfunction of the EQUIPMENT and shall immediately cease to use it.
5.7.- Inspections The CLIENT shall allow the personnel authorised by the HIRER at all times to carry out as many inspection or control visits to the EQUIPMENT as are necessary, and to this end shall be obliged to allow the said personnel access to the place where the EQUIPMENT is located, and without any restrictions or limitations that prevent or hinder the inspection thereof. If the CLIENT'S unfounded refusal could result in a danger to the safety of persons or things, such breach of contract shall give rise to the early termination of the CONTRACT, exonerating the HIRER from any liability.
5.8.- Return of the EQUIPMENT The CLIENT undertakes to return all the EQUIPMENT in the same conditions as it was delivered by the HIRER, on the date, terms and conditions agreed with the HIRER.
Failure to return EQUIPMENT by the CLIENT on the date, terms and conditions agreed with the HIRER shall entitle the HIRER to claim damages, including unjust enrichment of the CLIENT for the possession and use of the EQUIPMENT, as well as the application of a penalty as set out in clause 8 of this CONTRACT.
For the purposes of the CONTRACT, the partial or incomplete return of the EQUIPMENT shall be understood as not returning the EQUIPMENT in question, the CLIENT accepting the consequences that such consideration entails by virtue of the CONTRACT.
5.9.- Cession of the EQUIPMENT The CLIENT undertakes not to carry out any act of loading, encumbrance, transfer, assignment or subrogation to any third party in respect of the HIRER'S EQUIPMENT, except with the CLIENT'S reliable, express and written consent
5.9.- Third party guarantee The CLIENT declares and undertakes to the HIRER, in the event of contracting with or commissioning any third party to collect, load, unload, transport, use, keep and safeguard, store, return, etc. the EQUIPMENT, to assume without limitation any liability that may arise from the actions of such third party, whilst acknowledging that such third party is acting on its own behalf and at its own risk.
6.- OBLIGATIONS OF LOCLUM 1.- LOCLUM undertakes to grant the CLIENT the use of the EQUIPMENT which is the object of this CONTRACT for the time agreed by the PARTIES
2.- The EQUIPMENT will be delivered in good working order for the agreed use. At the moment of the delivery.
2.- The EQUIPMENT will be delivered in good working order for the agreed use. At the time of delivery, LOCLUM and the CLIENT shall sign an inventory list in which they shall note in detail the EQUIPMENT that is the object of the CONTRACT and note any damage and/or impairment to said EQUIPMENT, if any.
In the event that the CLIENT commissions a third party to collect and/or return the EQUIPMENT, and in accordance with the provisions of this CONTRACT, it shall be the responsibility of the CLIENT to ensure that this third party, who is understood to be acting on behalf and at the risk of the CLIENT, takes a detailed inventory of the EQUIPMENT and verifies its condition, expressly assuming any obligation, especially penalties and damages, arising from failure to do so or doing so incorrectly.
7.- INSURANCE 7.1.- OF THE HIRER: a) LOCLUM has taken out a policy with a Civil Responsibility Insurance Company for the damage caused to third parties by the EQUIPMENT. Under no circumstances will the HIRER cover claims registered as a consequence of theft, robbery, loss or misplacement of the EQUIPMENT or any of its parts, components and/or accessories. Losses caused by misuse or improper handling or by unqualified personnel of the EQUIPMENT or any of its parts, components and/or accessories, incorrect storage, as well as during transport, loading and unloading by the HIRER, shall be the direct and exclusive responsibility of the CLIENT. Damage to the EQUIPMENT or any of its parts, components and/or accessories caused by water, rain, liquids, sand, dust, wind, variation in electrical voltage, short circuits, natural disasters, acts of God or force majeure is also not covered.
b) LOCLUM offers the CLIENT the possibility of contracting LocLum's own insurance to cover damage to the EQUIPMENT or any of its parts, components and/or accessories, under the terms and conditions that must be expressly agreed in writing.
The premium for this insurance will be fixed in the estimate.
This insurance is limited to damage to the EQUIPMENT, with an excess of EUR 500. The insurance does not cover risks of loss, theft, kidnapping, burglary and these risks remain the responsibility of the CLIENT. Damaged, stolen, lost EQUIPMENT in traffic accidents, theft of vehicle, kidnapping of vehicle, burglary of vehicle is also not insured with the aforementioned insurance and the CLIENT must insure it. All damage due to water, rain, liquids and/or falls is not insured and the CLIENT must insure it. If the damage or injuries are the result of negligence or improper handling or the acts of a non-professional photographer, the CLIENT is liable. Damage resulting from voltage variations or short circuits is excluded from cover. The insurance covers damages up to a maximum of EUR 20,000. If the damage or losses exceed this maximum, the CLIENT is liable for the excess of EUR 20,000.
7.2.- OF THE HIRER: a) The HIRER is responsible for the correct use of the EQUIPMENT or any of its parts, components and/or accessories and for the damage of any kind suffered by it.
b) The HIRER undertakes to take out an insurance policy that fully covers the damage to the EQUIPMENT or any of its parts, components and/or accessories.
c) The PARTIES expressly agree that the value of the EQUIPMENT for the effects of the coverage of the damage will be the restitution value of the EQUIPMENT for a new one of the same type or, in the event of not being marketed due to the stock being exhausted, due to being discontinued or any other circumstance, for another one of similar characteristics.
c) The HIRER undertakes to take out a civil responsibility policy that guarantees the risks and damage to third parties of his own business activity. And given that the EQUIPMENT will be managed by the personnel of the CLIENT, the latter is also obliged to insure the civil responsibility derived from the use of the same and from his own activity, and to comply with the applicable regulations in force, particularly with regard to security measures, prevention and any licences that may be necessary.
8.- PENALTIES. a) Failure to return the EQUIPMENT, in whole or in part, on the date and under the terms and conditions agreed with the HIRER by virtue of this CONTRACT shall automatically entail the obligation for the CLIENT to pay, by way of a penalty clause, the price of an additional unit of time for each day or fraction of a day of delay with respect to the return date agreed with the HIRER, and this without prejudice to the obligation to pay the price for each day of delay by way of rent, as well as any damages that the HIRER may claim.
b) In the event of early termination of the CONTRACT by the CLIENT, the PARTIES agree to the following penalties:
1.- If the communication of the resolution occurs one working day before the date of collection of the EQUIPMENT agreed with the HIRER, no penalty will be applied.
If the notification of the decision is made less than one working day before the date of collection of the EQUIPMENT agreed with the HIRER, a penalty of one unit of time will be applied.
3.- If the notification of the decision occurs less than one working day before the date of collection of the EQUIPMENT agreed with the HIRER, and without the CLIENT having collected the EQUIPMENT, a penalty of one unit of time will be applied.
4.- If the notification of the resolution occurs more than one working day after the date of collection of the EQUIPMENT agreed with the HIRER, and without the CLIENT having collected the EQUIPMENT, a penalty equivalent to the agreed price shall be applied.
The PARTIES agree and expressly accept that the penalties provided for shall apply without prejudice to the right of the HIRER to claim for damages.
9.- SAFEGUARD CLAUSE Each of the stipulations of this CONTRACT must be interpreted in relation to the rest of the stipulations of the CONTRACT and in attention to the purposes intended with the CONTRACT.
2.- If any of the stipulations of this CONTRACT were to become invalid, illegal or unenforceable by virtue of any legal rule or were to be declared null and void or ineffective by any court or administrative authority, the nullity or ineffectiveness thereof shall not affect the other stipulations, which shall retain their full validity and effectiveness.
In this sense, the Contracting Parties expressly undertake, where appropriate, to replace the clause or clauses affected by another or others that have the effects corresponding to the purposes pursued by the PARTIES in this CONTRACT.
10.- PREVALENCE OF SPANISH LANGUAGE The PARTIES expressly agree that, in the event that the HIRER translates these General Conditions into other languages, in order to facilitate their understanding, the original wording in Spanish shall prevail over any possible translation made into another language.
DATA PROTECTION In accordance with the provisions of Law 34/2002, of 11 July, on services of the information society and electronic commerce, of Regulation (EU) 2016/679 (General Data Protection Regulation -GDPR), as well as Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights, the HIRER is obliged to ensure that all the personal data provided to him under the CONTRACT, will be included in an automated data file called clients, of which LOCLUM, SLNE, with address in Barcelona, calle Almogàvers, number 46-48, local, and provided with CIF B64891690, is the owner and responsible, with the purpose of complying with the contractual and legal obligations, as well as for the purpose of informing about offers, promotions, new products and/or services.
The CLIENT may at any time exercise the right of access, rectification, limitation of processing, deletion, portability and opposition/revocation under the terms established in the current regulations applicable to the protection of personal data, by means of written notification with a copy of his/her ID card, to LOCLUM, SLNE, at the address Barcelona, calle Almogàvers, number 46-48, local, or by e-mail: email@example.com.
12.- APPLICABLE LAW AND JURISDICTION 1.- These General Conditions are governed by the applicable Spanish legislation in force, which will be applicable
2.- The PARTIES expressly renounce any other jurisdiction that may correspond to them and for any controversy that may arise in relation to this CONTRACT, the PARTIES expressly submit themselves to the Courts of the city of Barcelona.
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