LocLum S.L.N.E.
Carrer dels Almogàvers 46-48
Corner to C/Wellington
08018 Barcelona, Spain
+34 93 307 46 34
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Legal Notice

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Martin Aziz

 

 

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 LEASING 1.- GENERAL

a) Definitions

For the purposes of these General Conditions it is established that the terms indicated below shall have the following meaning:

1.- LESSOR: LOCLUM, SLNE, with registered office in Barcelona, calle Almogàvers, number 46-48, Local 3, Postal Code 08018, and holder of Tax ID number B-64891690 (hereinafter also referred to indistinctly as "LOCLUM").

2.- LESSEE or CLIENT: Natural person or legal entity that leases the EQUIPMENT object of the CONTRACT to the lessor.

3.- EQUIPMENT: The lighting, photographic, video, sound and generator equipment, as well as its components, spare parts and accessories, owned by the LESSOR or over which the latter holds any title or right, of any kind, and which are leased to the LESSEE by virtue of the CONTRACT signed between LOCLUM and the LESSEE.

4.- CONTRACT: Lease contract signed between LOCLUM and the LESSEE for the lease of the EQUIPMENT, including both the present General Conditions and the Particular 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 lease AGREEMENT is of a commercial nature and its purpose is the assignment by the LESSOR, on a lease basis, of the EQUIPMENT and, if applicable, the provision of SERVICES, which shall be detailed in the BUDGET.

Unless otherwise expressly agreed in writing, the LESSOR shall not be obliged to provide any information or training on the operation and/or characteristics of the EQUIPMENT. The parties to the AGREEMENT are the LESSOR and the LESSEE.

The CONTRACT shall be governed by these General Conditions, which the LESSEE expressly declares to have read in their entirety and to be in agreement with them, and by the Special Conditions agreed between the LESSOR and the LESSEE.

The acceptance of the AGREEMENT by the LESSEE implies the full acceptance of all the present General Conditions of the AGREEMENT and, consequently, the present General Conditions shall be fully applicable to the AGREEMENT in all that which is not in direct contradiction or incompatible with the particular conditions agreed between the PARTIES, which shall be of preferential application with respect to the present General Conditions.

Likewise, the PARTIES expressly agree that these General Conditions shall prevail and shall be of preferential application over any General Conditions used by the LESSEE in its activity, unless they have been expressly and reliably accepted by LOCLUM in writing.

Any modification or extension of the AGREEMENT shall be null and void if not reflected and duly signed in writing by all PARTIES. If any of the conditions of the present CONTRACT were to be invalidated, it would not affect the validity of the rest of the conditions, which the PARTIES are obliged to interpret in accordance with the purposes pursued by the PARTIES in the present CONTRACT.

The decision of LOCLUM not to demand at any time the fulfillment of any condition shall not constitute a waiver of its rights.

c) Term and non-transferability of the AGREEMENT.

Once the LESSEE has placed the detailed order and it has been accepted by LOCLUM, the latter shall send the firm quotation previously accepted by the LESSEE as proof of its conformity, at which time the CONTRACT shall be perfected and shall become fully effective between the PARTIES. The CONTRACT shall not be transferable under any circumstances to third parties by the LESSEE, except with the express written agreement of LOCLUM.

No modifications shall be admitted after the signing of the CONTRACT, unless otherwise agreed in writing by the PARTIES.

d) Duration

1.- With an agreed return date:

The duration of the CONTRACT begins on the day on which the EQUIPMENT is delivered or made available by LOCLUM to the LESSEE 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 same.

The agreed start and end dates of the CONTRACT may only be modified by a reliable, express and written agreement between the PARTIES. However, the AGREEMENT may be terminated unilaterally by either of the PARTIES as a consequence of the non-fulfillment of the obligations stipulated in the AGREEMENT.

By mutual agreement, the PARTIES may extend the duration of the CONTRACT by setting a new date for the return of the leased EQUIPMENT.

If the PARTIES agree to extend the lease AGREEMENT and do not set a new date for the return of the leased EQUIPMENT, the duration of the AGREEMENT shall be determined in accordance with the provisions of paragraph 2 below.

2.- Without an agreed return date: In the event that no return date of the leased EQUIPMENT is agreed upon, the duration of the CONTRACT shall be set at ONE calendar DAY from the day on which the EQUIPMENT leased by LOCLUM is delivered or made available to the lessee.

Once the term established in the previous paragraph has elapsed, the CONTRACT will be automatically extended for equal periods of ONE calendar DAY, unless either of the parties, with a minimum notice period of ONE DAY, declares to the other party, in writing and by any means that provides proof of receipt by the addressee, its desire to terminate the CONTRACT.

e) Causes for termination of the AGREEMENT.

The CONTRACT shall be terminated in the following cases:

a) By the expiration of the term of the duration of the CONTRACT in the terms established in clause 1.d) above.

b) By mutual agreement of the Parties.

c) For breach of the payment obligations by the LESSEE, in which case the LESSEE undertakes to make the EQUIPMENT available to the LESSOR and, at the option of the LESSOR, to return it to the LESSEE'S premises or allow its removal, wherever the EQUIPMENT may be located, within 24 hours from the time the LESSEE notifies the LESSEE that the EQUIPMENT is at the LESSEE'S premises, The LESSEE shall also be obliged to pay the full rental price due and unpaid, with interest in arrears, and any penalties provided for in this AGREEMENT, as well as the damages and losses caused to the LESSOR.

d) In general, for breach of the obligations of the PARTIES established in this CONTRACT, if the defaulting party has not remedied the breach within 24 hours from the requirement made to that effect.

f) Ownership of the EQUIPMENT The PARTIES acknowledge that the EQUIPMENT is the exclusive property of the LESSOR or, if owned by a third party, the LESSOR has sufficient title or rights to lease the EQUIPMENT under the CONTRACT.

2.- RENTAL PRICE

a) The price of the lease of the EQUIPMENT and the form of payment shall be those established by the parties in the particular conditions of the CONTRACT, which are accepted by the parties and constitute an indissoluble and unalterable commitment, unless otherwise expressly agreed in writing by the parties.

b) The price of the lease shall be calculated on the basis of time units. A unit of time for the purposes of this CONTRACT shall be ONE calendar DAY, that is to say, 24 hours, the course of which begins on the day and at the time agreed in the CONTRACT for the provision of the EQUIPMENT by LOCLUM to the HIRER. The price shall always be calculated by complete units of time, the minimum rental price being ONE calendar DAY, even if the customer returns the EQUIPMENT prior to 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 will be available on the website www.loclum.com, and are merely for guidance and information purposes, with the price agreed expressly and in writing by the parties in the particular conditions of the CONTRACT or quotation always and in any case prevailing.

d) If the LESSEE 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 LESSEE undertakes to pay to LOCLUM, without prejudice to the penalties provided for in this CONTRACT and the damages caused to the LESSOR, which the LESSEE also undertakes to pay.

e) If the LESSEE has formalized a CONTRACT for the lease of the EQUIPMENT and does not collect it under the agreed terms and conditions without waiver or termination of the CONTRACT, the LESSOR shall be entitled to unilaterally terminate the CONTRACT at any time after 24 hours have elapsed from the date scheduled for collection of the EQUIPMENT by the LESSEE, and without prejudice to the LESSEE'S obligation to pay for the days or fractions of days elapsed until the termination by the LESSOR, as well as the penalties and damages caused to the LESSOR by virtue of this AGREEMENT, which the LESSEE undertakes to assume.

3.- DELIVERY, TRANSPORT, TRANSFER AND RETURN

a) LOCLUM shall make available to the HIRER and shall deliver the EQUIPMENT rented at LOCLUM's facilities located in Barcelona, Almogàvers street, number 46-48, Local 3, Postal Code 08018 at street level.

b) LOCLUM shall not load or unload the EQUIPMENT in the LESSEE's vehicles, and the LESSEE shall be obliged to have its own or third party personnel duly qualified and authorized to load and unload the EQUIPMENT at LOCLUM's facilities.

c) Exceptionally, and if so expressly agreed by the PARTIES in writing, LOCLUM shall make available and deliver the EQUIPMENT in a place other than its facilities, in which case it is the exclusive responsibility of the LESSEE that LOCLUM may access the place designated for delivery and, consequently, the LESSEE expressly assumes all the obligations arising therefrom and undertakes to facilitate access to LOCLUM and to have the necessary authorizations, permits, licenses, authorizations, etc., available, permits, licenses, authorizations, etc., that may be necessary for the delivery of the EQUIPMENT, as well as to exonerate LOCLUM from any cost and/or damage derived directly or indirectly from the delivery of the EQUIPMENT in the place designated by the LESSEE, especially parking costs and traffic sanctions of any kind.

d) Deliveries of the EQUIPMENT shall be made only in NATIONAL TERRITORY, unless the parties expressly and reliably agree otherwise in writing.

e) Delivery and transport shall be at the LESSEE's risk and expense, and under the LESSEE'S sole responsibility, and the LESSEE shall be obliged to assume the full cost thereof.

f) The delivery of the EQUIPMENT shall be subject to the prior signature of the delivery note of the EQUIPMENT by the HIRER, or the person indicated by the HIRER at his sole risk and expense, indicating whether the EQUIPMENT is in complete and correct condition or whether any EQUIPMENT is missing or there is any damage, which the HIRER declares to be aware of and to which he expressly undertakes.

g) The LESSEE declares to know that the delivery note of the EQUIPMENT shall determine which EQUIPMENT is understood to be effectively delivered and its condition, and the LESSEE expressly undertakes to accept it, renouncing expressly to contravene or question the delivery note of the EQUIPMENT duly signed and, consequently, the LESSEE being obliged to take special care and diligence to provide conformity to the delivery note of the EQUIPMENT by means of his signature, assuming any damage derived from the lack of diligence at the time of signing the delivery note of the EQUIPMENT, especially in the case that the same is signed by courier personnel hired by the LESSEE.

h) The LESSEE undertakes to assume the acts and responsibility carried out by third parties acting on the instructions of the LESSEE at the time of delivery of the EQUIPMENT, such as employees of courier companies, transport companies, freelancers, etc., who shall in any case be understood to be acting on behalf of the LESSEE, who in any case shall be understood to act following the instructions and indications of the LESSEE, for the account and risk of the latter and, therefore, the LESSEE expressly exonerating the LESSOR from any liability with respect to the lack of verification of the condition of the EQUIPMENT, damage during loading and unloading, damage during transport or any other act attributable to the aforementioned third party.

i) Exceptionally, and if so expressly agreed by the parties in writing, LOCLUM shall transport the EQUIPMENT for the LESSEE, at the LESSEE'S expense and risk, and under the LESSEE'S entire responsibility, at the price and under the terms and conditions previously agreed by the parties.

j) 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 LESSEE.

k) The HIRER undertakes to return the leased EQUIPMENT at the end of the term stipulated in the LOCLUM facilities located at C/Almogàvers 46-48, local 3, 08018 Barcelona. The PARTIES expressly agree that failure to return the EQUIPMENT on time shall entail the penalties provided for in this AGREEMENT, which the LESSEE expressly and unreservedly accepts.

4.- REPLACEMENT OF THE EQUIPMENT

a) LOCLUM reserves the right to replace the EQUIPMENT rented for another of similar characteristics and functionalities during the entire duration of the CONTRACT, and maintaining the other agreed covenants, and the LESSEE shall be responsible for the expenses generated by such replacement.

b) If the replacement is requested by the LESSEE, the expenses incurred for the change shall be borne by the LESSEE, unless the same is due to a malfunction of the EQUIPMENT to be replaced attributable to the LESSOR by virtue of this AGREEMENT, the LESSEE being obliged to prove such circumstance in a reliable manner as an essential requirement to be exempted from the obligation to assume the expenses derived from such replacement.

c) The replacement of the EQUIPMENT due to breakdowns is subject to the LESSOR's availability, which the LESSEE expressly accepts, and the LESSEE undertakes not to request or claim anything for the delay or impossibility of replacing the damaged EQUIPMENT due to the LESSOR's unavailability, in which case it shall only give rise to the termination of the CONTRACT with respect to the damaged EQUIPMENT.

5.- OBLIGATIONS OF THE LESSEE

5.1.- Collection of the EQUIPMENT

The HIRER undertakes to collect the EQUIPMENT on the date and under the terms and conditions agreed with the LESSOR.

The non-collection of the EQUIPMENT by the LESSEE on the date and under the terms and conditions agreed with the LESSOR for reasons not attributable to the latter, and without termination of the CONTRACT, shall in no case entail the right to deduct any amount from the price, and the LESSEE shall be obliged to pay the agreed price in full.

5.2.- Payment of the agreed price

The LESSEE undertakes to pay the agreed price for the lease of the EQUIPMENT by the PARTIES, under the terms and conditions set forth in the AGREEMENT, as well as, if applicable, the additional costs, damages and/or penalties accruing in accordance with the provisions of this AGREEMENT.

5.3.- Revision of the EQUIPMENT

The LESSEE undertakes to check the condition of the EQUIPMENT at the time it is made available and delivered by LOCLUM, at which time any damage or malfunction of the EQUIPMENT shall be expressly noted. The LESSEE undertakes to check the condition of the EQUIPMENT at the time of its return to LOCLUM, at which time any damage or malfunction of the EQUIPMENT shall be expressly noted. Any damage or malfunction of the EQUIPMENT at the time of return and not at the time of delivery shall be borne by the LESSEE, who undertakes to pay for such damage or malfunction. The PARTIES agree that LOCLUM has 10 working days to verify the existence of physical defects, as well as hidden defects and the correct functioning of the EQUIPMENT, counting from the return of the EQUIPMENT.

5.4.- Use and maintenance of the EQUIPMENT

a) The LESSEE is responsible for the correct use of the EQUIPMENT or any of its parts, components and/or accessories, and must use them properly and according to the recommendations for use of the LESSOR and/or the manufacturer.

b) The EQUIPMENT and accessories leased shall be used solely and exclusively for the purposes for which they have been contracted and which are proper, in the place indicated in the CONTRACT, and in absolute compliance with the general health and safety regulations in force and, if applicable, with the instructions or indications of LOCLUM and/or the manufacturer.

c) The LESSEE undertakes to ensure that the EQUIPMENT is only handled and used by authorized and duly qualified personnel, and assumes any damage or harm resulting from handling or use by unauthorized or unqualified personnel.

d) The LESSEE undertakes, on a daily basis, to check and adjust the levels and other liquids of the EQUIPMENT and its accessories, checking and maintaining the necessary and convenient elements, according to the manufacturer's and/or LESSOR's indications. For the purposes set forth in the preceding paragraph, the LESSEE shall use the elements supplied or recommended by the LESSOR in order to avoid mixtures and risks of confusion.

d) The use of unsuitable, non-approved or non-legally authorized fuels, liquids or spare parts is strictly forbidden.

e) Damages, breakdowns and penalties arising from the improper use of the EQUIPMENT shall be fully borne by the HIRER, who also undertakes to hold the LESSOR harmless from any claim.

f) The LESSEE shall be responsible for any damage caused by improper and/or negligent use of the EQUIPMENT.

5.5.- Limitation to repair.

Except for the aforementioned inspections and maintenance operations, the LESSEE may not replace, manipulate, alter or modify the leased EQUIPMENT without the prior and express written authorization of the LESSOR.

5.6.- Notice of breakdowns

The LESSEE shall notify the LESSOR immediately after any breakdown or malfunction of the EQUIPMENT, and shall immediately cease using the EQUIPMENT.

5.7.- Inspections

The LESSEE shall allow the personnel authorized by the LESSOR at all times to carry out as many inspection or control visits to the EQUIPMENT as may be necessary, being obliged to allow access to said personnel to the place where the EQUIPMENT is located, and without restrictions or limitations that prevent or hinder the inspection of the EQUIPMENT. If the UNCONTRACTOR's unfounded refusal could give rise to 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 LESSOR from any liability.

5.8.- Return of the EQUIPMENT.

The LESSEE undertakes to return all the EQUIPMENT in the same conditions in which it was delivered by the LESSOR, on the date, terms and conditions agreed with the LESSOR. Failure by the LESSEE to return the EQUIPMENT on the date, terms and conditions agreed with the LESSOR shall entitle the LESSOR to claim damages, including unjust enrichment of the LESSEE by the possession and use of the EQUIPMENT, as well as the application of a penalty provided for in clause 9 of this AGREEMENT.

For the purposes of the CONTRACT, partial or incomplete return of the EQUIPMENT shall be understood as non-return of the EQUIPMENT in question, and the LESSEE shall accept the consequences that such consideration entails under the CONTRACT.

5.9.- Assignment of the EQUIPMENT

The LESSEE undertakes not to carry out any act of charge, encumbrance, assignment, transfer, transfer or subrogation to any third party with respect to the leased EQUIPMENT, except with the express written consent of the LESSOR.

5.9.- Third party guarantee

The LESSEE declares and undertakes before the LESSOR, in the event of hiring or commissioning any third party for the collection, loading, unloading, transport, use, custody, storage, return, etc. of the EQUIPMENT, to assume without limitation any liability that may arise from the actions of said third party, while acknowledging that said third party acts at its own risk.

6.- VEHICLE RENTAL

1.- The rental of electric bicycles and/or LOCLUM motor vehicles (hereinafter referred to as "Vehicles") shall be governed specifically by the provisions of this section 6 of the CONTRACT and, supplementarily, in matters not provided for in said section, by the rest of the General Conditions of the CONTRACT or, in the absence thereof, by the applicable legislation in force.

The HIRER undertakes to use and drive the Vehicle in accordance with the basic rules of driving and circulation, for the use for which it has been designed, and in accordance with the specifications of use of the type of Vehicle, and undertakes to assume any penalty, cost or damage in the contrary case, as well as to hold LOCLUM harmless from any damage and prejudice that may arise from this.

2.- The HIRER undertakes not to use the Vehicle and/or not to allow it to be used in the following cases: driving on unauthorized or unpaved roads or whose condition may pose a risk of damage to the vehicle; paid passenger transport; pushing or towing any vehicle or any other object, rolling or not; participating in competitions, official or not; driving the Vehicle under the influence of alcohol, narcotics or any other type of narcotic substances; transporting flammable and/or dangerous goods, toxic, noxious and/or radioactive products or products that violate the legal provisions in force, as well as transporting goods in weight, quantity and/or volume exceeding that authorized in the Vehicle Registration Certificate and/or the Technical Inspection Card of the Vehicle; transport of any object not permitted in the Vehicle; transport of passengers in excess of the number authorized and indicated in the Vehicle Registration Certificate and/or the Vehicle Technical Inspection Card; transport of live animals; with roof rack, luggage rack or similar that is not supplied by LOCLUM, transport of children under three years of age or persons over three years of age that do not exceed a height of 150 centimeters without using the corresponding mandatory restraint device approved in accordance with the weight and size of the child or person who must use it.

3.- The HIRER is obliged to distribute and fix the goods transported in the Vehicle in a safe and correct manner.

4.- Only the person or persons identified and expressly accepted by LOCLUM in the CONTRACT are authorized to drive the Vehicle, provided that they are over 21 years of age, are in adequate physical and mental condition and, if required, are holders and in possession of a valid driving license valid for at least 2 years for the use of the Vehicle. Only the following shall be considered as valid driving licenses in Spain:

5.- Those issued in accordance with the Spanish legislation in force or those of the Member States of the European Union in accordance with Community regulations; Notwithstanding the foregoing, the validity of such licenses shall be conditional upon them being in force and the holder being of the age required under Spanish law to obtain the equivalent Spanish license. LOCLUM, as an essential requirement for the execution of this CONTRACT, reserves the right to request from the HIRER, from the moment of signing this CONTRACT and during the entire duration of the same, a document accrediting the identity of the driver of the Vehicle, in addition to the Driver's License.

6.- If, in accordance with the provisions of the regulations in force, the HIRER fails to comply with its obligation to identify the driver of the Vehicle, and/or it is impossible to make such identification and/or an incorrect identification of the driver is made, the HIRER undertakes to pay any fine or penalty that LOCLUM may incur for such concept and with respect to all those infractions committed during the rental period.

7.- LOCLUM reserves the express right to refuse the rental of the vehicle in the event that the person indicated by the HIRER to drive the vehicle does not duly accredit that he/she holds a valid driving license in force at the time of delivery of the vehicle in accordance with the stipulations of the CONTRACT.

8.- The HIRER undertakes to keep the vehicle locked and insured when not in use and to keep the vehicle's documents inside the vehicle, and undertakes to protect and keep the keys of the vehicle safe at all times, adopting the appropriate measures to prevent theft or theft.

9.- The HIRER is prohibited from assigning, renting, mortgaging, pledging, selling or in any way giving as guarantee: the Vehicle, the lease contract, the keys, the documentation, the equipment, the tools and/or the accessories of the Vehicle and/or any part or piece of the same; or to treat the above in a way that causes damage to LOCLUM.

10.- When any of the lights that detect a malfunction of the Vehicle illuminate on the instrument panel or when external signs indicating a breakdown or malfunction of the Vehicle are perceived, the HIRER must stop the Vehicle as soon as possible and contact LOCLUM or the Roadside Assistance Company arranged by LOCLUM, and only the latter. Charges will only be accepted on behalf of the Assistance Company in cases of urgency and when expressly authorized by LOCLUM.

11.- The use of the Vehicle is only permitted in Spain and Portugal.

12.- It is not permitted to transport the Vehicle on board any type of ship, train, truck or plane (unless expressly authorized in writing by LOCLUM).

13.- It is not permitted to use the Vehicle inside the enclosures of ports, airports, aerodromes and/or similar or similar facilities not accessible to public traffic, as well as in the enclosures or facilities of refineries and Oil Companies, unless expressly authorized in writing by LOCLUM. In the event that LOCLUM grants its consent to the LICENSEE in accordance with the above, LOCLUM shall inform the LICENSEE of the conditions of Third Party Liability insurance coverage that may be applicable in such an event, which shall vary depending on the circumstances. Failure to comply with this clause shall be the exclusive responsibility of the HIRER.

14.- Both upon delivery and return of the Vehicle, LOCLUM and the HIRER shall include in the CONTRACT any visible damage to the Vehicle.

At the time of delivery of the Vehicle, the damages shall be reflected in the CONTRACT with the corresponding signatures of LOCLUM and the HIRER. At the end of the lease, at the time of return of the Vehicle, any new damage to the Vehicle shall be identified, in which case it shall be expressly stated in the CONTRACT, and shall be approved and signed by LOCLUM and the HIRER; where possible, the HIRER shall validate the new damage upon return of the Vehicle by electronic signature or by signing the corresponding additional document to the lease CONTRACT. The repair costs of the new damages will be charged to the HIRER, who is obliged to pay them.

Except for possible damages that may have been reflected in the CONTRACT as described in paragraph 12 above, LOCLUM delivers the Vehicle to the HIRER in apparent good working order and in good external condition and cleanliness, and having passed LOCLUM's internal checks; with all the mandatory elements and accessories (a pair of emergency triangles, with a high visibility reflective safety vest, etc...) and with all its tires (including, if applicable, the spare) in good condition and without punctures. In the event of deterioration and/or loss of any of the tires (due to causes other than normal wear and tear, poor assembly or manufacturing defect), the HIRER undertakes to replace them immediately, at his own expense, with other tires of identical characteristics and of the same make and model.

14.- The HIRER is forbidden to vary any technical characteristics of the Vehicle, the keys, equipment, tools and/or accessories of the Vehicle, as well as to make any modification to its exterior and/or interior appearance (unless expressly authorized in writing by LOCLUM). In case of infringement of this article, the HIRER shall bear the duly justified costs of reconditioning the Vehicle to its original state and pay an amount as compensation for immobilization of the Vehicle.

15.- The price of the lease of the Vehicle includes the coverage of the Compulsory Insurance of the Vehicle and of the Complementary Insurance of Civil Responsibility for the damages and prejudices against third parties derived from the use and circulation of the Vehicle.

16.- The insurance policy of the Vehicle does not cover damages, losses or any other harm suffered by the luggage, goods or personal objects transported in the Vehicle, nor the total or partial loss or damages suffered by the Vehicle due to theft and/or vandalism and/or traffic accident, which shall be for the HIRER'S account.

15.- The fuel consumed by the Vehicle during the rental period and any tolls are for the HIRER's account. The HIRER shall refuel the vehicle with the type of fuel suitable for the vehicle. In the event of refueling with fuel not suitable for the Vehicle, including refueling with fuel contaminated with water or other foreign components, the HIRER shall be liable for the expenses incurred for the removal and/or repair of the damage caused to the Vehicle. Likewise, in such cases, the HIRER shall pay LOCLUM for the damages caused by the immobilization or loss of the vehicle.

The HIRER shall return the vehicle with a full tank of fuel. Otherwise, the missing fuel plus the additional charge for the refueling service will be invoiced.

16.- Any damages of any kind that LOCLUM may suffer due to non-compliance with the conditions set forth in this AGREEMENT and/or due to use other than that agreed upon by the HIRER, authorize LOCLUM to withdraw the vehicle from the HIRER and to invoice and charge the latter for the amounts resulting from the AGREEMENT.

7.- OBLIGATIONS OF LOCLUM

LOCLUM is obliged to cede to the LESSEE the use of the EQUIPMENT object of the present CONTRACT for the time agreed upon by the PARTIES.

The EQUIPMENT shall be delivered in good working order for the agreed use. At the time of delivery, LOCLUM and the LESSEE shall sign an inventory list in which the EQUIPMENT covered by the CONTRACT shall be listed in detail and the existing defects and/or damage to said EQUIPMENT, if any, shall be noted.

In the event that the LESSEE entrusts the collection and/or return to a third party, and in accordance with the provisions of this AGREEMENT, it shall be the LESSEE'S responsibility that said third party, who is understood to be acting at the LESSEE'S risk and expense, carries out a detailed inventory of the EQUIPMENT and verifies its condition, expressly assuming any obligation, especially penalties and damages, deriving from the failure to carry out the inventory or its incorrect execution.

8.- INSURANCE

8.1.- OF THE LESSOR:

a) LOCLUM has taken out a policy with a Civil Liability Insurance Company for damages caused to third parties by the EQUIPMENT. In no case shall the LESSOR be covered by the LESSEE for claims registered as a result of theft, robbery, loss or misplacement of the EQUIPMENT or any of its parts, components and/or accessories.

Claims caused by misuse or improper handling or by personnel not duly qualified of the EQUIPMENT or any of its parts, components and/or accessories, incorrect storage, as well as during transport, loading and unloading carried out by the LESSEE, shall be the direct and exclusive responsibility of the LESSEE.

Damage to the EQUIPMENT or any of its parts, components and/or accessories caused by water, rain, liquids, sand, dust, wind, electrical voltage variations, short circuits, natural disasters, acts of God or force majeure are not covered either.

b) LOCLUM offers the LESSEE 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 to be expressly agreed upon in writing and in a reliable manner.

The premium for such insurance shall be fixed in the quotation.

This insurance is limited to incidental damage to the EQUIPMENT, with an excess of €500, with the exclusions indicated below. The insurance does not cover risks of loss, theft, hijacking and burglary, and these risks remain the responsibility of the HIRER. EQUIPMENT damaged, stolen, lost in traffic accidents, vehicle theft, vehicle hijacking and vehicle break-in are also not covered by the above insurance and must be insured by the HIRER. All damages due to water, rain, liquids, dust and/or fall are not insured and the HIRER must insure it. Damage or damage resulting from negligence or improper handling or acts of a non-professional photographer is not insured and the LESSEE assumes responsibility. Damage resulting from voltage fluctuations or short circuits are excluded from coverage. The insurance covers damages up to a maximum of €20,000. If the damage or damages exceed this maximum, the CLIENT is liable for the excess of €20,000.

8.2.- OF THE LESSEE:

a) The HIRER is responsible for the correct use of the EQUIPMENT or any of its parts, components and/or accessories and for damages of any kind suffered therein.

b) The LESSEE undertakes to take out an insurance policy that fully covers 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 purposes of damage coverage shall be the replacement value of the EQUIPMENT for a new one of the same or, in the event that the EQUIPMENT is not marketed because it is out of stock, out of print or any other circumstance, for another of similar characteristics.

c) The LESSEE is obliged to have contracted a civil liability policy that guarantees its risks and damages to third parties of its own business activity. And given that the EQUIPMENT will be handled by the personnel of the HIRER, the latter also undertakes to insure the civil liability derived from the use of the same and of his own activity, and to comply with the applicable regulations in force, especially with regard to safety measures, prevention and licenses that may be necessary.

9.- PENALTIES.

a) The delay in returning the EQUIPMENT, totally or partially, on the date and under the terms and conditions agreed with the LESSOR by virtue of this AGREEMENT shall automatically entail the obligation of the LESSEE to pay, as a penalty clause, the price of one additional unit of time for each day or fraction of a day of delay with respect to the return date agreed with the LESSOR, and this without prejudice to the obligation to pay the price for each day of delay as rent, as well as the damages that the LESSOR may claim.

b) The non-return or definitive loss of the EQUIPMENT, in whole or in part, for any cause and reason, on the date and under the terms and conditions agreed with the LESSOR by virtue of this AGREEMENT shall automatically entail the obligation of the LESSEE to pay, as a penalty clause, double the restitution price of the EQUIPMENT not returned or, if the same model does not exist, a new model of similar characteristics.

In this sense, and for the purposes of this CONTRACT, it shall be considered as non-return or definitive loss of the EQUIPMENT when the EQUIPMENT has not been returned to LOCLUM by the LESSEE after 3 days from the return date agreed in the CONTRACT.

c) In the event of early termination of the CONTRACT by the LESSEE, the PARTIES agree the following penalties:

1.- If the notice of termination is given one working day prior to the date of collection of the EQUIPMENT agreed with the LESSOR, no penalty shall be applied.

2.- If the notice of termination is given less than one working day before the date of collection of the EQUIPMENT agreed with the LESSOR, a penalty of one unit of time shall be applied.

3.- If the notice of termination is given less than one working day before the date of collection of the EQUIPMENT agreed with the LESSOR, and the TENANT has not collected the EQUIPMENT, a penalty of one unit of time shall be applied.

4.- If the notice of termination is given more than one working day after the date of collection of the EQUIPMENT agreed with the LANDLORD, and the TENANT has not collected the EQUIPMENT, a penalty equivalent to the agreed price shall be applied.

5.- The PARTIES expressly agree and accept that the penalties foreseen shall be applied without prejudice to the RENTER'S right to claim for damages.

10.- SAFEGUARD CLAUSE

1.- Each of the stipulations of this AGREEMENT must be interpreted in relation to the rest of the stipulations of the AGREEMENT and with regard to the purposes intended by the AGREEMENT.

If any of the stipulations of the present CONTRACT should become invalid, illegal or unenforceable by virtue of any legal rule or be declared null and void or ineffective by any court or administrative authority, the nullity or ineffectiveness of the same shall not affect the other stipulations, which shall retain their full validity and effectiveness.

In this sense, the contracting PARTIES expressly undertake, if necessary, to replace the affected clause or clauses with another or others that have the effects corresponding to the purposes pursued by the PARTIES in this AGREEMENT.

11.- PREVALENCE OF SPANISH LANGUAGE

The PARTIES expressly agree that, in the event that the LESSOR translates these General Conditions into other languages, in order to facilitate their understanding, the original wording in Spanish shall prevail over any possible translation into another language.

12.- DATA PROTECTION

In accordance with the provisions of Law 34/2002, of 11 July, on information society services and electronic commerce, of Regulation (EU) 2016/679 (General Data Protection Regulation - GDPR), as well as of Organic Law 3/2018, of 5 December, on Personal Data Protection and guarantee of digital rights, the RENTER undertakes that all personal data provided to him under the CONTRACT, will be included in an automated data file called clients, owned and managed by LOCLUM, SLNE, with registered office in Barcelona, calle Almogàvers, number 46-48, local, and holder of Tax Identification Code B64891690, for the purpose of complying with contractual and legal obligations, as well as for the purpose of providing information on offers, promotions, new products and/or services.

The HIRER 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 written notification with a copy of ID, to LOCLUM, SLNE, at the address Barcelona, calle Almogàvers, number 46-48, local, or via e-mail: admin@loclum.com.

13.- APPLICABLE LAW AND JURISDICTION

1.- The present General Conditions are governed by the applicable Spanish legislation in force, which shall be applicable.

2.- With express waiver of any other jurisdiction that may correspond to the PARTIES, for any controversy arising in relation to this CONTRACT the PARTIES expressly submit to the Courts of the city of Barcelona.