Terms of service

+++MACHINE GENERATED TRANSLATION. SPANISH VERSIONS PREVAILS+++

1.- GENERAL TERMS

a) Definitions

For the purposes of these General Terms and Conditions, it is established that the terms listed below will have the following meanings:

1.- LESSOR: LOCLUM, SLNE, with registered office at Almogàvers street, number 46-48, Local, 08018 Barcelona, Spain, and CIF number B-64891690 (hereinafter referred to interchangeably as “LOCLUM”).

2.- LESSEE or CLIENT: A natural or legal person who rents the EQUIPMENT from the LESSOR under the AGREEMENT.

3.- EQUIPMENT: Lighting, photography, video, sound equipment, and generators, as well as their components, spare parts, and accessories, owned by the LESSOR or over which the LESSOR holds some title or right of any kind, that are rented to the LESSEE under the AGREEMENT signed between LOCLUM and the LESSEE.

4.- AGREEMENT: Lease agreement signed between LOCLUM and the LESSEE for the lease of the EQUIPMENT, including both these General Terms and the specific Terms agreed upon between the parties.

5.- NATIONAL TERRITORY: The territory of Spain, excluding the Canary Islands, Ceuta, and Melilla.

6.- INTERNATIONAL TERRITORY: The territory that is not NATIONAL TERRITORY.

b) Object of the contract and parties involved

The lease AGREEMENT is of a commercial nature and aims to transfer, in lease, the EQUIPMENT and, where applicable, the provision of SERVICES, which must be detailed in the BUDGET.

Unless expressly agreed in writing, the LESSOR is not obliged to provide any information or training on the operation and/or characteristics of the EQUIPMENT.

The parties involved in the AGREEMENT are the LESSOR and the LESSEE.

The AGREEMENT will be governed by these General Terms, which the LESSEE expressly declares to have read in full and agrees to, as well as by the specific Terms agreed upon between the LESSOR and the LESSEE.

The acceptance of the AGREEMENT by the LESSEE implies full acceptance of all these General Terms of the AGREEMENT, and consequently, these General Terms will apply in full to the AGREEMENT unless they contradict or are incompatible with the specific conditions agreed upon by the PARTIES, in which case, the specific conditions will prevail.

The PARTIES expressly agree that these General Terms will prevail and take preference over any General Terms used by the LESSEE in their activity unless they have been expressly and verifiably accepted by LOCLUM in writing.

Any modification or extension of the AGREEMENT will be void if it is not reflected and duly signed in writing by all the PARTIES. If any condition of this AGREEMENT is invalidated, it will not affect the validity of the remaining conditions, which the PARTIES agree to interpret in accordance with the aims pursued by the PARTIES in this AGREEMENT.

LOCLUM's decision not to demand compliance with a condition at any given time will not constitute a waiver of its rights.

c) Duration and non-transferability of the AGREEMENT

Once the LESSEE has placed the detailed order and it has been accepted by LOCLUM, the latter will send the firm BUDGET previously accepted by the LESSEE as proof of their agreement, at which point the AGREEMENT will be perfected and take full effect between the PARTIES.

The AGREEMENT cannot be transferred to third parties by the LESSEE under any circumstances unless expressly agreed upon in writing by LOCLUM.

No modifications will be accepted after the AGREEMENT is signed, except by express written agreement of the PARTIES.

d) Duration

1.- With an agreed return date:

The duration of the AGREEMENT begins on the day the EQUIPMENT is delivered or made available by LOCLUM to the LESSEE and ends on the date of the actual return and delivery of the leased EQUIPMENT, without prejudice to the obligations arising from any breach.

The agreed start and end dates of the AGREEMENT may only be modified by an express, written agreement between the PARTIES. However, the AGREEMENT may be unilaterally terminated by either PARTY as a result of the breach of obligations stipulated in the AGREEMENT.

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

2.- Without an agreed return date:

If no return date for the leased EQUIPMENT is agreed upon, the duration of the AGREEMENT is set to ONE natural day, starting from the day the EQUIPMENT is delivered or made available to the LESSEE by LOCLUM.

After the period set in the previous paragraph, the AGREEMENT will automatically renew for successive periods of ONE natural day, unless either party notifies the other party in writing and by any means that proves receipt, their intention to terminate the agreement with a minimum notice period of ONE day.

e) Causes for termination of the AGREEMENT

The AGREEMENT will be terminated in the following cases:

a) Upon the expiration of the AGREEMENT’s term as set out in clause 1.d) above.

b) By mutual agreement of the PARTIES.

c) For non-payment by the LESSEE, in which case the LESSEE is obliged to make the EQUIPMENT available to the LESSOR and, at the LESSOR's option, return it to its premises or allow its removal, wherever the EQUIPMENT is located, within 24 hours from the communication of such intent. The LESSEE must also pay the full rental price due, with interest and any penalties stipulated in this AGREEMENT, as well as any damages incurred by the LESSOR.

d) In general, for breach of the obligations of the PARTIES under this AGREEMENT, if the breaching party does not correct the breach within 24 hours from the notification to that effect.

f) Ownership of the EQUIPMENT

The PARTIES acknowledge that the EQUIPMENT is the exclusive property of the LESSOR, or if it belongs to a third party, the LESSOR holds sufficient title or rights for the lease specified in the AGREEMENT.

g) Characteristics of the EQUIPMENT

The LESSOR uses artificial intelligence (AI) technologies to generate and update content and images on its website. The user expressly acknowledges and accepts that:

  • The images and descriptions of the EQUIPMENT displayed on the website may be generated or modified using AI systems, constituting an approximate representation of the actual EQUIPMENT.
  • The essential characteristics, technical specifications, and prices of the EQUIPMENT are manually verified and correspond to real and accurate information about the product.
  • In case of discrepancies between the image or description generated by AI and the actual product, the technical specifications detailed in the product sheet will always prevail.

The LESSEE has the right to:

  • Request additional information about any EQUIPMENT before renting it.
  • Exercise their right to withdraw in accordance with current regulations if the EQUIPMENT received does not match the advertised technical specifications.
  • Request real images of the specific EQUIPMENT.

The LESSOR commits to:

  • Clearly identify when an image or description has been generated by AI.
  • Keep the technical specifications of the EQUIPMENT up to date.
  • Correct any inaccuracies detected as soon as possible.

This information is provided in compliance with our transparency commitment and the duty to provide truthful information to the consumer.

2.- RENTAL PRICE

a) The rental price of the EQUIPMENT and the payment method will be established by the parties in the specific conditions of the AGREEMENT, which the parties accept and which constitute an inseparable and unalterable commitment unless otherwise expressly agreed and written by the parties.

b) The rental price will be calculated based on units of time. A unit of time for the purposes of this AGREEMENT will be ONE natural day, i.e., 24 hours, starting from the agreed day and hour for the provision of the EQUIPMENT by LOCLUM to the LESSEE. The price will always be calculated for full units of time, with the minimum rental period being ONE natural day, even if the LESSEE returns the EQUIPMENT before 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 informational purposes only. The price expressly agreed upon in writing between the parties in the specific conditions of the AGREEMENT or budget will always prevail.

d) If the LESSEE returns the EQUIPMENT after the agreed rental period, an additional unit of time (ONE natural day) will automatically accrue for each day or fraction of a day of delay in returning the EQUIPMENT, which the LESSEE is obliged to pay to LOCLUM, without prejudice to any penalties stipulated in this AGREEMENT and damages caused to the LESSOR, which the LESSEE is also obliged to pay.

e) If the LESSEE has signed a lease AGREEMENT for the EQUIPMENT and fails to pick it up under the agreed terms and conditions without renouncing or resolving the AGREEMENT, the LESSOR will have the right to unilaterally terminate the AGREEMENT at any time after 24 hours from the scheduled date for picking up the EQUIPMENT by the LESSEE, without prejudice to the LESSEE's obligation to pay for the days or fractions of days elapsed until the AGREEMENT is terminated by the LESSOR, as well as penalties and damages incurred by the LESSOR under this AGREEMENT, which the LESSEE is obliged to assume.

3.- DELIVERY, TRANSPORT, TRANSFER, AND RETURN

a) LOCLUM will make the rented EQUIPMENT available to the LESSEE and deliver it at LOCLUM’s facilities located at Almogàvers Street, 46-48, Local, 08018 Barcelona.

b) LOCLUM will not load or unload the EQUIPMENT into the LESSEE's vehicles, and the LESSEE is obliged to provide their own or third-party personnel, properly qualified and authorized to load and unload the EQUIPMENT at LOCLUM’s premises or the place of delivery.

c) The LESSEE will bear all transport costs to and from LOCLUM’s premises, unless otherwise agreed in writing between the PARTIES.

d) The LESSEE is responsible for checking the good condition of the EQUIPMENT before leaving LOCLUM's premises. Once the EQUIPMENT has been delivered to the LESSEE, it will be their responsibility until it is returned to LOCLUM.

e) The LESSEE must return the EQUIPMENT by the agreed return date, in the same condition in which it was delivered, and during LOCLUM’s usual hours of operation, unless otherwise agreed in writing. In the case of failure to do so, an additional charge will be made for the extra rental period as set out in section 2.d).

f) Any defects or damages to the EQUIPMENT must be reported to LOCLUM within 24 hours of the delivery. After this period, the LESSEE will be presumed to have accepted the EQUIPMENT in good condition.

g) The LESSEE is required to return the EQUIPMENT with all its accessories, cables, cases, and parts. If any components are missing or damaged, the LESSEE must pay for the replacement or repair costs.

h) The LESSEE undertakes to assume the actions and responsibilities carried out by third parties acting on the LESSEE's instructions at the time of delivery of the EQUIPMENT, such as employees of courier companies, transporters, freelancers, etc., who will be understood in all cases to be acting on the LESSEE's behalf, at the LESSEE's expense and risk, and therefore, the LESSEE expressly releases the LESSOR from any liability regarding the failure to verify 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 expressly agreed by both parties in writing, LOCLUM will carry out the transport of the EQUIPMENT for the LESSEE, at the LESSEE's expense and risk, and under the LESSEE's full responsibility, at the price and under the terms and conditions previously agreed upon by the parties.

j) Under no circumstances will LOCLUM be responsible for the loading and unloading of the EQUIPMENT, which will always be done at the LESSEE's cost and/or risk.

k) The LESSEE undertakes to return the rented EQUIPMENT at the end of the term specified in the LOCLUM facilities at C/Almogàvers 46-48, 08018 Barcelona. The PARTIES expressly agree that failure to return the EQUIPMENT on time will result in the penalties set out in this AGREEMENT, which the LESSEE accepts expressly and without limitation.

4.- SUBSTITUTION OF EQUIPMENT

a) LOCLUM, throughout the duration of the AGREEMENT and maintaining the other agreed terms, reserves the right to substitute the rented EQUIPMENT with another of similar characteristics and functionality, with the expenses of such substitution being borne by the LESSOR.

b) If the substitution is required by the LESSEE, the expenses incurred for the change will be borne by the LESSEE, unless it is due to a malfunction of the EQUIPMENT to be substituted, which is attributable to the LESSOR under the terms of this AGREEMENT. The LESSEE must provide reliable evidence of such circumstances as an essential requirement to be exempt from the obligation to bear the costs of such substitution.

c) Substitution of the EQUIPMENT due to breakdowns is subject to the availability of the LESSOR, which the LESSEE expressly acknowledges, undertaking not to make any claims or complaints for delays or impossibility of substitution of the faulty EQUIPMENT due to the LESSOR's lack of availability. In such a case, the AGREEMENT will only be terminated in relation to the faulty EQUIPMENT.

5.- OBLIGATIONS OF THE LESSEE

5.1.- Collection of the EQUIPMENT
The LESSEE undertakes to collect the EQUIPMENT on the agreed date and under the terms and conditions agreed with the LESSOR.
Failure by the LESSEE to collect the EQUIPMENT on the agreed date and under the agreed terms and conditions, for reasons not attributable to the LESSOR and without termination of the AGREEMENT, shall not entitle the LESSEE to deduct any amount from the price. The LESSEE undertakes to pay the full agreed price.

5.2.- Payment of the agreed price
The LESSEE undertakes to pay the agreed price for the rental of the EQUIPMENT as agreed by the PARTIES, under the terms and conditions set out in the AGREEMENT, as well as, where applicable, any additional costs, damages, and/or penalties arising in accordance with the provisions of this AGREEMENT.

5.3.- Equipment inspection
The LESSEE undertakes to inspect the condition of the EQUIPMENT at the time of its availability and delivery by LOCLUM, expressly noting any damage or defects in the EQUIPMENT.
The LESSEE undertakes to inspect the condition of the EQUIPMENT at the time of its return to LOCLUM, expressly noting any damage or defects in the EQUIPMENT.
Any damage or defects in the EQUIPMENT that are noted at the time of return and not at the time of delivery shall be assumed by the LESSEE, who undertakes to cover the costs of such damage or defects.
The PARTIES agree that LOCLUM has 5 business days to verify the existence of physical defects, hidden defects, and the correct functioning of the EQUIPMENT starting from the return of the EQUIPMENT.

5.4.- Use and maintenance of the EQUIPMENT

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

b) The rented EQUIPMENT and accessories will be used solely and exclusively for the purposes for which they have been contracted and for their intended use, at the location specified in the AGREEMENT, and in full compliance with applicable health and safety regulations, and, where appropriate, any instructions or indications from LOCLUM.

c) The LESSEE undertakes to ensure that the EQUIPMENT is only operated and used by authorized and properly qualified personnel, assuming any damage and loss resulting from improper handling or use by unauthorized or unqualified personnel.

d) The LESSEE undertakes to carry out daily checks and maintenance of the EQUIPMENT and its accessories, checking and maintaining necessary levels and other liquids, according to the manufacturer's instructions and/or those of the LESSOR.
For the purposes set forth in the previous paragraph, the LESSEE shall use the elements provided or recommended by the LESSOR to avoid mixing or confusion risks.

e) The use of inappropriate, non-homologated, or unauthorized fuels or spare parts is strictly prohibited.

f) Any damage, breakdowns, or penalties resulting from improper use of the EQUIPMENT will be fully borne by the LESSEE, who further undertakes to keep the LESSOR indemnified from any claims.

g) The LESSEE will be responsible for all breakdowns caused by improper or negligent use of the EQUIPMENT.

5.5.- Restriction on repair
Except for the inspections and maintenance operations mentioned above, the LESSEE shall not replace, manipulate, alter, or modify the rented EQUIPMENT without the prior and express written authorization of the LESSOR.

5.6.- Notification of breakdowns
The LESSEE must notify the LESSOR immediately upon the occurrence of any breakdown or malfunction of the EQUIPMENT, and cease using the EQUIPMENT immediately.

5.7.- Inspections
The LESSEE shall allow authorized personnel from the LESSOR to carry out any inspections or checks of the EQUIPMENT as necessary, undertaking to provide access to the designated personnel to the location where the EQUIPMENT is located, without restrictions or limitations that hinder or obstruct the inspection. If the LESSEE unjustifiably refuses, creating a potential safety hazard for people or property, such a breach will lead to the early termination of the AGREEMENT, relieving the LESSOR of any liability.

5.8.- Return of the EQUIPMENT
The LESSEE undertakes to return all the EQUIPMENT in the same condition as when it was delivered by the LESSOR, on the date, terms, and conditions agreed with the LESSOR.
Failure to return the EQUIPMENT on the agreed date, terms, and conditions will entitle the LESSOR to claim for any damages suffered, including the unjust enrichment of the LESSEE for possession and use of the EQUIPMENT, as well as applying a penalty as specified in Clause 9 of this AGREEMENT.
For the purposes of this AGREEMENT, partial or incomplete return of the EQUIPMENT shall be considered as non-return of the EQUIPMENT, and the LESSEE accepts the consequences of this interpretation as set forth in the AGREEMENT.

5.9.- Assignment of the EQUIPMENT
The LESSEE undertakes not to carry out any act of pledge, burden, assignment, transfer, or subrogation of the rented EQUIPMENT to third parties without the express, written consent of the LESSOR.

5.10.- Third-Party Guarantee
The LESSEE represents and undertakes to the LESSOR that, in the case of contracting or assigning any third party for the collection, loading, unloading, transport, use, storage, custody, storage, return, etc. of the EQUIPMENT, the LESSEE will assume, without limitation, any responsibility arising from the actions of such third party, acknowledging that such third party acts at the LESSEE's risk and expense.

6.- VEHICLE LEASING
1.- The leasing of electric bicycles and/or motor vehicles by LOCLUM (hereinafter referred to as "Vehicles") shall be specifically governed by the provisions of this section 6 of the CONTRACT and, subsidiarily, by the rest of the General Terms and Conditions of the CONTRACT or, in default thereof, by the applicable current legislation.
2.- The LESSEE agrees to use and drive the Vehicle in accordance with the basic rules of driving and circulation, for the purpose for which it was designed, and in compliance with the usage specifications of the type of Vehicle, agreeing to assume any fines, costs, or damages resulting from non-compliance, and to hold LOCLUM harmless from any harm or liability that may arise from this.
3.- The LESSEE agrees not to use the Vehicle and/or allow it to be used in the following situations: driving on unauthorized or unpaved roads, or on roads whose condition may pose a risk of damage to the vehicle; remunerated passenger transport; pushing or towing any vehicle or other object, moving or not; participating in official or non-official competitions; driving the Vehicle under the influence of alcohol, narcotics, or any other type of intoxicating substance; transporting flammable and/or dangerous goods, toxic, harmful and/or radioactive products, or goods that violate current legal provisions; transporting goods in weight, quantity, and/or volume exceeding the limits authorized in the Vehicle's Circulation Permit and/or Technical Inspection Sheet; transporting any object not permitted in the Vehicle; transporting more passengers than authorized and indicated in the Vehicle's Circulation Permit and/or Technical Inspection Sheet; transporting live animals; using a roof rack, luggage carrier, or similar that is not supplied by LOCLUM; transporting children under three years old or individuals over three years old who do not exceed a height of 150 cm without using the corresponding mandatory approved restraint device according to the weight and size of the child or person required.
4.- The LESSEE is obliged to distribute and secure any goods transported in the Vehicle in a safe and correct manner.
5.- Only the person or persons identified and expressly accepted by LOCLUM in the CONTRACT are authorized to drive the Vehicle, provided they are over [...] years of age, in appropriate physical and mental condition, and, if required, possess a valid and current driving license with at least [...] years of experience for driving the Vehicle. Only the following driving licenses are considered valid in Spain:

  • Those issued in accordance with current Spanish legislation;
  • Those issued by European Union Member States in accordance with EU regulations;
  • Those issued by other countries or international licenses recognized as valid for driving in Spain.
    However, the validity of such licenses is contingent upon them being in force and their holder meeting the required age as per Spanish regulations for obtaining the equivalent Spanish license.
    As a requirement for the execution of this CONTRACT, LOCLUM reserves the right to request from the LESSEE, from the moment of signing the CONTRACT and throughout its duration, a document certifying the identity of the person driving the Vehicle, in addition to the Driving License.
    In the event that the LESSEE fails to identify the driver of the Vehicle in accordance with current regulations or is unable to do so or provides incorrect identification, the LESSEE shall be liable for any fine or penalty LOCLUM incurs for such failure, including for all infractions committed during the leasing period.
    LOCLUM expressly reserves the right to refuse to lease the Vehicle if the person indicated by the LESSEE to drive it does not properly demonstrate being the holder of a valid and current driving license at the time of delivery, as stipulated in the CONTRACT.
    6.- The LESSEE agrees to keep the Vehicle locked and secured when not in use and to retain the Vehicle's documents inside it, taking all necessary measures to safeguard and prevent theft or misplacement of the keys.
    7.- The LESSEE is prohibited from ceding, renting, mortgaging, pledging, selling, or otherwise offering the Vehicle, the lease agreement, the keys, documentation, equipment, tools, and/or accessories of the Vehicle, or any part or piece thereof, or handling any of the above in a manner that could harm LOCLUM.
    8.- When any indicator lights on the dashboard signal a malfunction of the Vehicle or when external signs indicate a failure or malfunction, the LESSEE must stop the Vehicle as soon as possible and contact LOCLUM or the Roadside Assistance company contracted by LOCLUM, and only this company. Charges from any other assistance company will only be accepted in emergency cases and when LOCLUM has expressly authorized them.
    9.- The use of the Vehicle is only permitted within Spain and Portugal.
    10.- It is not allowed to transport the Vehicle aboard any type of ship, train, truck, or plane (unless expressly authorized in writing by LOCLUM).
    11.- The use of the Vehicle is prohibited in areas such as ports, airports, aerodromes, or other similar facilities not accessible to public traffic, as well as refineries and petroleum company facilities, unless expressly authorized in writing by LOCLUM. If LOCLUM grants such permission, it will inform the LESSEE about the conditions of the Third-Party Liability Insurance that may apply, which will vary depending on the circumstances. Non-compliance with this clause will be the sole responsibility of the LESSEE.
    12.- Both at the delivery and return of the Vehicle, LOCLUM and the LESSEE will include in the CONTRACT any visible damage to the Vehicle. At the time of delivery, any damage must be noted in the CONTRACT with signatures from both LOCLUM and the LESSEE. Upon termination of the lease, when the Vehicle is returned, any new damage incurred will be identified, recorded in the CONTRACT, and approved and signed by both LOCLUM and the LESSEE. If possible, the LESSEE will validate the new damages at the time of return via electronic signature or by signing an additional document to the lease agreement. The repair costs for such new damage will be charged to the LESSEE, who agrees to pay for them.
    13.- Except for potential damages recorded in the CONTRACT as described in the previous section, LOCLUM delivers the Vehicle to the LESSEE in apparent good working condition, with its exterior and cleanliness in good order, and having passed LOCLUM's internal inspections; with all required elements and accessories (such as two emergency triangles, a high-visibility reflective safety vest, etc.), and all tires (including the spare tire, if applicable) in good condition and without punctures. In case of deterioration and/or loss of any tires (due to causes other than normal wear, poor mounting, or manufacturing defects), the LESSEE agrees to replace them immediately, at their own expense, with tires of identical specifications, brand, and model.
    14.- The LESSEE is prohibited from altering any technical characteristics of the Vehicle, its keys, equipment, tools, and/or accessories, as well as making any modifications to its exterior and/or interior appearance (unless expressly authorized in writing by LOCLUM). In case of violation of this article, the LESSEE must bear the costs, duly justified, of restoring the Vehicle to its original condition and pay an indemnity for the immobilization of the Vehicle.
    15.- The leasing price of the Vehicle includes mandatory insurance coverage for the Vehicle and the supplementary Third-Party Liability Insurance for damages and losses caused to third parties due to the use and circulation of the Vehicle.
    16.- The Vehicle’s insurance policy does not cover damages, losses, or any other harm to luggage, goods, or personal items transported in the Vehicle, nor does it cover total or partial loss, or damages suffered by the Vehicle due to theft, vandalism, or traffic accidents, which will be at the LESSEE’s expense.
    17.- Fuel consumed by the Vehicle during the leasing period is at the LESSEE’s expense.

18.- FUELING AND REFUELING REQUIREMENTS

  1. The RENTAL PARTY is required to refuel the Vehicle with the appropriate type of fuel. In the case of refueling with an inappropriate fuel type, including refueling with contaminated fuel (such as fuel contaminated with water or other foreign substances), the RENTAL PARTY will be responsible for the costs of transporting and/or repairing any damage caused to the Vehicle. Additionally, the RENTAL PARTY must compensate LOCLUM for any damage or loss resulting from the immobilization or loss of the Vehicle.

  2. The RENTAL PARTY must return the Vehicle with a full fuel tank. If the Vehicle is returned with less fuel, the missing amount will be charged, along with an additional fee for the refueling service.

  3. Any damages of any kind that LOCLUM may suffer due to the RENTAL PARTY's failure to comply with the conditions of this Agreement and/or due to the RENTAL PARTY's use of the Vehicle in a manner not agreed upon, authorize LOCLUM to remove the Vehicle from the RENTAL PARTY and bill and charge the RENTAL PARTY for any amounts that result in accordance with the terms of the Agreement.

7.- OBLIGATIONS OF LOCLUM

  1. LOCLUM is obligated to provide the RENTAL PARTY with the use of the EQUIPMENT as specified in this Agreement for the agreed-upon period.

  2. The EQUIPMENT will be delivered in good working condition for its intended use. At the time of delivery, LOCLUM and the RENTAL PARTY will sign an inventory list, detailing the EQUIPMENT covered by the Agreement and noting any existing damages or defects, if any.

  3. If the RENTAL PARTY appoints a third party to pick up and/or return the EQUIPMENT, and as per the terms of this Agreement, it is the RENTAL PARTY's responsibility to ensure that this third party—acting at the RENTAL PARTY's risk and on their behalf—completes the detailed inventory of the EQUIPMENT and checks its condition. The RENTAL PARTY expressly assumes any obligations, especially penalties, damages, or losses, arising from failure to complete the inventory or if the inventory is incorrectly completed.

  4. The RENTAL PARTY expressly acknowledges and agrees that LOCLUM will not assume any responsibility for deterioration, theft, breakage, or any other type of damage that may occur to goods, objects, or materials belonging to the RENTAL PARTY that are deposited or stored in LOCLUM's facilities, in accordance with Articles 1,101 and 1,902 of the Spanish Civil Code. LOCLUM is expressly exonerated from any liability for:

    1. Loss, theft, or burglary of deposited goods.
    2. Damages caused by third parties.
    3. Natural deterioration of objects.
    4. Accidental breakages or damages.
    5. Any other type of damage that may affect the RENTAL PARTY's goods.

The RENTAL PARTY acknowledges that they have been informed that:
a) LOCLUM does not provide specific custody or security services for deposited goods.
b) It is the RENTAL PARTY's responsibility to properly insure their belongings.
c) It is recommended not to leave valuables in LOCLUM's facilities.
d) The RENTAL PARTY may contract, at their own expense, insurance that covers potential damages or losses to their belongings.

This exoneration of liability will not apply in cases of fraud or gross negligence proven against LOCLUM, as per Article 1,103 of the Spanish Civil Code. By accepting this clause, the RENTAL PARTY expressly waives any legal action against LOCLUM for the aforementioned issues, except in cases excluded by law.

8.- INSURANCES

8.1.- OF THE LESSOR:

a) LOCLUM has subscribed to a liability insurance policy with an insurance company for damage caused to third parties by the EQUIPMENT.
In no case will the LESSOR provide coverage for accidents resulting from theft, robbery, loss, or misplacement of the EQUIPMENT or any of its parts, components, and/or accessories.
Accidents caused by improper use or 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 LESSEE, will be the direct and exclusive responsibility of the LESSEE.
Damages to the EQUIPMENT or any of its parts, components, and/or accessories caused by water, rain, liquids, sand, dust, wind, electrical voltage fluctuations, short circuits, natural disasters, accidents, or force majeure are not covered.

b) LOCLUM offers the LESSEE the option to take out an insurance policy with LOCLUM for coverage of damages to the EQUIPMENT or any of its parts, components, and/or accessories, under the terms and conditions expressly agreed upon in writing by both parties.
The premium for this insurance will be set in the estimate.
This insurance is limited to accidental damage to the EQUIPMENT, with a deductible of €500, and includes the exclusions listed below. The insurance does not cover risks of loss, theft, hijacking, or break-in, and these risks remain the responsibility of the LESSEE. The EQUIPMENT that is damaged, stolen, lost in traffic accidents, or hijacked, or any break-ins, is also not covered by this insurance and must be insured by the LESSEE. Any water, rain, liquid, or fall-related damages are not covered, and the LESSEE must insure it. If damage or damages arise from negligence or improper handling by a non-professional in photography, this is not covered, and the LESSEE assumes responsibility. Damages resulting from voltage fluctuations or short circuits are excluded from coverage. The insurance covers damages up to a maximum of €20,000. If the damages exceed this amount, the CLIENT is responsible for the excess over €20,000.

8.2.- OF THE LESSEE:

a) The LESSEE is responsible for the correct use of the EQUIPMENT or any of its parts, components, and/or accessories and for any damages suffered by it.
b) The LESSEE agrees to contract an insurance policy that fully covers damages to the EQUIPMENT or any of its parts, components, and/or accessories.
c) The parties expressly agree that the value of the EQUIPMENT for damage coverage purposes will be the cost of replacing the EQUIPMENT with a new one of the same kind, or, if it is no longer available due to being discontinued, out of stock, or any other reason, with a similar model.
d) The LESSEE is obliged to have a civil liability insurance policy covering risks and damages to third parties arising from their business activities. Since the EQUIPMENT will be handled by the LESSEE's personnel, they are also obligated to insure the civil liability arising from the use of the EQUIPMENT and their activities, and to comply with applicable regulations, particularly those regarding safety measures, prevention, and necessary licenses.

9.- PENALTIES:

a) A delay in returning the EQUIPMENT, in whole or in part, on the date and under the terms and conditions agreed upon with the LESSOR, will automatically obligate the LESSEE to pay, as a penalty clause, the price for an additional time unit for each day or fraction of a day delayed beyond the agreed return date. This is without prejudice to the obligation to pay for each day of delay in rental fees and any damages the LESSOR may claim.
b) Non-return or definitive loss of the EQUIPMENT, in whole or in part, for any cause or reason, on the date and under the terms and conditions agreed upon with the LESSOR, will automatically obligate the LESSEE to pay, as a penalty clause, double the replacement cost of the unreturned EQUIPMENT or, if the same model is not available, a new model with similar features.
In this regard, for the purposes of this contract, it will be considered non-return or definitive loss when the EQUIPMENT has not been returned by the LESSEE within [...] days from the agreed return date in the contract.
c) In case of early termination of the contract by the LESSEE, the parties agree on the following penalties:

  1. If the termination notice is given with at least one business day before the agreed equipment pickup date, no penalty will apply.
  2. If the termination notice is given with less than one business day before the agreed pickup date, a penalty of one time unit will apply.
  3. If the termination notice is given after less than one business day and the LESSEE has not picked up the EQUIPMENT, a penalty of one time unit will apply.
  4. If the termination notice is given more than one business day after the agreed pickup date, and the LESSEE has not picked up the EQUIPMENT, a penalty equivalent to the agreed price will apply.
    The parties agree that these penalties apply without prejudice to the LESSOR's right to claim any damages.

10.- SEVERABILITY CLAUSE

  1. Each provision of this contract must be interpreted in relation to the rest of the provisions and in light of the objectives pursued by the contract.
  2. If any provision of this contract becomes invalid, illegal, or unenforceable due to any legal norm, or is declared null or ineffective by any court or administrative authority, the nullity or ineffectiveness of such provision will not affect the validity of the remaining provisions, which will remain fully valid and effective.
    In this case, the parties expressly agree to replace the affected provision(s) with another(s) that will fulfill the objectives pursued by the parties in this contract.

11.- LANGUAGE PREVALENCE

The parties expressly agree that if the LESSOR translates these General Conditions into other languages for the sake of facilitating comprehension, the original Spanish version will prevail over any possible translation into another language.

12.- DATA PROTECTION

In accordance with Law 34/2002, of July 11, on Information Society Services and Electronic Commerce, Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), as well as Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights, the LESSOR agrees that all personal data provided under this contract will be included in an automated file called "clients," owned and managed by LOCLUM, SLNE, located at Almogàvers Street, number 46-48, Barcelona, with CIF B64891690, for the purpose of fulfilling contractual and legal obligations and for offering information on offers, promotions, new products, and/or services.
The LESSEE may, at any time, exercise the right of access, rectification, limitation of processing, deletion, portability, and opposition/revocation under the applicable personal data protection laws, by sending a written notification with a copy of their ID to LOCLUM, SLNE, at the address mentioned above or via email: admin@loclum.com.

13.- APPLICABLE LAW AND JURISDICTION

  1. These General Conditions are governed by the current Spanish legislation.
  2. With express waiver of any other jurisdiction that may correspond to the parties, for any disputes arising from this contract, the parties expressly submit to the courts of the city of Barcelona.