General conditions for renting

 

The present Contracting General Conditions, together with the Particular Conditions that, in each case and service, may be established (hereinafter, and as a whole, the "Contracting Conditions") regulate expressly the relations that arise between AVACAB AUDIOVISUALES SL ("THE TENANT") with CIF B87641940, and those third parties that contract the services that this company ("THE TENANT") offers for this purpose in any of its web pages, by means of telephone contracting, or in the premises of the same company. 

AVACAB AUDIOVISUALES SL is a company dedicated to the sale and rental of professional audiovisual equipment, having its registered office at Calle del Yunque, number 9, Nave 1A in the city of Tres Cantos (Madrid), CP 28760, Spain. 
  

1. General and specific conditions 


Before contracting any of the offered services, please read carefully the Contract Conditions that regulate the provision of audiovisual material that you wish to contract, including the technical, operational and functional characteristics of the material, as well as the applicable fees in each case. For any additional information or clarification regarding the content of the Contract Conditions, please do not hesitate to contact us through our website, by telephone or at our facilities.
  

2. Contract purpose and scope 

 
The object of this contract is the rental of material and all its accessories, sole and exclusive property of AVACAB AUDIOVISUALES SL, to the customer. 

AVACAB AUDIOVISUALES SL, by this rental agreement, has no obligation to provide the renting party with any information or training on the operation or functioning of the hired equipment. 

The client is responsible for the proper use of the equipment rented and undertakes to return it in perfect conditions of use, since in such conditions he declares that he receives it, once it has been inspected. 
  

3. Recruitment 


3.1 Subjective Requirements 


The equipment may be hired by physical persons of legal age or by legal entities. In the case of a legal entity, the application for the Services must be made by a duly authorised representative or agent of the company. In the case of physical persons, they must be of the legal age and contract in their own name. 
  

3.2 Reservation of material 

Reservations will be made by email to alquiler@avacab.es, specifying the details of the person interested in reserving (name, surname and ID or tax number) and may be cancelled free of charge up to 48 hours before the agreed date. In case of cancellation of the reservation between 48 and 24 hours before, 25% of the total amount of the budgeted rent will be invoiced. If at the time of pick-up the equipment is cancelled, a full day will be invoiced.
  

3.3 Acceptance 


It will be understood that the reservation has been accepted, once AVACAB AUDIOVISUALES SL, answers to the e-mail sent by the natural or legal person who wants to rent it, making express mention that the requested material is available for the requested period of time.
  

3.4 Delivery and return of the equipment 


3.4.1. Upon signing this contract, the leaser gives the lessor the equipment in perfect condition for technical and aesthetic use, also the lessor undertakes to return it in perfect condition on the agreed date and time of return. 

3.4.2. No equipment shall be supplied to any person who is not properly identified by a legal document such as ID or passport.  AVACAB AUDIOVISUALES SL reserves the right not to rent the equipment in this case. 
  

3.5 Rental deposit 

Avacab Audiovisuales reserves the right to charge a deposit corresponding to 10% of the value of the new equipment in rentals made to individuals or companies with which there is no previous commercial relationship. 

The deposit, unless the equipment is damaged or not returned, will be refunded in full when the equipment is received and in the same way as it was paid.   

 

3.6 Damages on the return of the equipment 


In the event of returning the material with damages not indicated at the time of collection, or not being able to return all or any element due to loss of the same, the Lessor is obliged to pay for said material according to the current market price. 

If such payment is not made within 15 calendar days of the date of return, AVACAB AUDIOVISUALES may take such legal action as it deems appropriate.
   

3.7 Return of the material in time 


Delays in the returning of rented material, which have not been accepted in writing by AVACAB AUDIOVISUALES, must be paid at a rate of "1 day" for every 24 hours of delay, to which no discount will be applicable and which are reflected on the website www.avacab-online.com. 

In those cases where the delay is greater than 72 hours, AVACAB AUDIOVISUALES SL, in addition to requiring payment of the daily fee listed above, reserves the right to take legal action as it deems appropriate.
   

3.8 Return or delivery of material after hours 


The material can be collected from Monday to Thursday from 9:30 to 18:00 in the afternoon and on Fridays until 14:00. If you want to pick up the material at a different time, it must be requested at least 24 hours in advance and there will be an additional charge according to the following rate.  

  • From Monday to Friday: 25 euros  
  • Weekends and holidays: 50 euros 

The return of the equipment must take place on the agreed day before 11 a.m. 
    

3.9 Failure within the rental period 


AVACAB AUDIOVISUALES SL does not assume any responsibility for the replacement of the equipment due to its misuse. In the event that the right of substitution is recognised, it will be subject to the availability of the lessor. 
  

3.10 Modifications to the equipment 


The lessor may not modify, dismantle or repair the rented equipment, nor sell, pawn or dispose of the equipment or its accessories, subject to the responsibilities inherent in such actions. 
  

3.11 Transfer and Sub-lease of the equipment 


The assignment and sublease of the material provided to the customer as a result of this contract is prohibited. In case the client transfers or subleases to third parties the rented material, he will be solely responsible for any damage to it, as well as for the purposes and uses with which those third parties use the provided materials, exonerating AVACAB AUDIOVISUALES SL from any responsibility that the transfer or subleasing of the materials could give rise to. 
  

4.  Responsibility  


4.1 General rules 


Unless otherwise expressly stated in these Terms and Conditions or in the Law, and only to the extent that it is imposed, AVACAB AUDIOVISUALES SL, will be liable only for direct damages suffered by the Customer, and only when they have been caused directly by AVACAB AUDIOVISUALES SL.  

AVACAB AUDIOVISUALES SL will be exonerated from any kind of liability towards the customer, its users and third parties in cases where the anomalies are due to actions or omissions directly attributable to the customer, as well as those direct or indirect consequences of the misuse or improper handling of the materials leased by the customer, or by personnel not related to the customer, of the lack of any permission both for the installation and for the modifications of the technical characteristics of the equipment installed, attributed or attributable to the customer.  

Except in cases of malicious action, AVACAB AUDIOVISUALES SL will not be responsible for the emergent damage, lost of profit or of business opportunities, of saving of expenses and of the disappearance or deterioration of data. 

AVACAB AUDIOVISUALES SL will in no case be responsible for: (a) the costs, fines, penalties, indemnities, charges, damages or fees arising as a result of the breach by the customer of its obligations; (b) the content, use and publication of the information and communications distributed through the leased materials, as well as the use and results obtained from them by the customer and its users; (c) the violation by the customer of any rule that may be applicable because of or in connection with the use of the leased materials.  

The Customer is and shall be solely responsible for: (b) the full compliance with any rules that may be applicable because of or in connection with the use of the materials, including, but not limited to, the rules of use of the materials, the provisions on data protection, international communications, export of technological information, protection of consumers and users, confidentiality, secrecy of communications and the right to privacy. In this sense, the customer undertakes to adopt the appropriate measures to prevent any unlawful interference with the privacy of natural or legal persons that may violate the right to honour of third parties. 
  

4.2 Exoneration 


AVACAB AUDIOVISUALES SL will not be liable for problems arising from lack of access or problems inherent in the connectivity to the Internet or electricity networks, of the rented material when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, although foreseeable, AVACAB AUDIOVISUALES SL has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure. 

AVACAB AUDIOVISUALES SL is completely unrelated to and does not intervene in the creation, transmission or availability of, and does not exercise any kind of prior control nor guarantee the legality, infallibility or usefulness of the contents transmitted, disseminated, stored, received, obtained, made available or accessible through or by means of the services, and declines any responsibility that may derive from this. In order to prevent and prosecute the infringements in which AVACAB AUDIOVISUALES SL may be declared liable for subsidiary civil liability, the customer expressly authorizes AVACAB AUDIOVISUALES SL to provide the data and access to the content that may be required by the competent authority, as well as by the State security forces, in the course of a police investigation. The customer is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties both against the customer and against AVACAB AUDIOVISUALES SL relating to the infringement of rights of third parties and / or applicable regulations arising from the content, the customer assumes any expenses, costs and compensation are incurred by AVACAB AUDIOVISUALES SL on the occasion of such claims or legal actions. 
  

4.3 Client's Responsibility 


The customer accepts and agrees, to the extent applicable to the contracted materials, that (a) the information transmitted or hosted on any of the contracted materials, belongs for all purposes to the customer, who shall be responsible to third parties for the content of such information. In this sense, the customer undertakes to leave AVACAB AUDIOVISUALES SL free of any claim that, for these reasons, could be deduced from that by third parties. To this effect, the customer acknowledges the right of AVACAB AUDIOVISUALES SL to cancel and/or delete the content at its discretion; (b) it will be the responsibility of the customer that the download of data and/or any material may cause damage or loss of data; (c) the information or services provided by the customer will not imply a violation of the fundamental rights and public freedoms recognized by the Spanish Constitution and by the rest of the legal system in force, in particular, the provisions of the legislation on the rights of consumers and users and the protection of children and young people. Therefore, the customer undertakes to indemnify AVACAB AUDIOVISUALES SL from any claim that, for these reasons, could be deduced from it; (d) the customer will be responsible for (i) The use for illicit purposes of the provided materials, as well as of all its accessories; (ii) The transmission or diffusion of materials or contents that violate the legislation in force and the publication of materials that do not have the necessary licenses and/or permissions in accordance with the legislation on industrial or intellectual property rights. 
  

5. Fortuitous case and force majeure 


Neither party shall be liable for the delay in the performance of its obligations, nor for the non-performance thereof (except for failure to pay the other party) if such failure is due to fortuitous cases or force majeure, in accordance with the provisions of Article 1.105 of the Civil Code. 

This circumstance shall be communicated to the other party as soon as possible. The agreed delivery periods shall be extended by at least the period of time that the cause of force majeure has lasted. If the cause of force majeure lasts longer than three (3) months, either party may resolve these Contract Terms and Conditions, without prejudice to the fulfilment of the payment obligations due up to the previous date. The fortuitous cause or the events of force majeure, as well as the termination of the Contract Conditions based on the previous ones, will not exonerate the Client from the fulfillment of the payment obligations pending until the date of interruption of the Services.
    

6. Liability for damages caused to third parties 


The lessor is entirely responsible for any damage caused to third parties by the rented equipment during the entire rental period. AVACAB AUDIOVISUALES SL declines all responsibility in cases where the rented material may cause an accident. 

AVACAB AUDIOVISUALES SL does not assume any responsibility for the loss of profit of the LESSOR or third parties in case of failure or breakdown of the equipment during the rental period. 
   

7. Intellectual Property 


The client must delete any intellectual property rights generated by the provision of the audiovisual materials. AVACAB AUDIOVISUALES SL is not responsible for the loss or deterioration of any right subject to intellectual property after the return of the rented material.
   

8. Leaving the country of the rented material 


The lessor, on the date of subscription or at any time thereafter, must communicate the departure of the equipment abroad within the lease period. The lessor shall be responsible for all formalities relating to such departure. 
  

9. Data Protection Law  


In compliance with the stipulations of the Regulation (EU) 2016/679 of 27 April 2016 (RGPD) and other regulations in force regarding the protection of personal data, we inform you that the personal data provided will be processed by AVACAB AUDIOVISUALES SL, B87641940, and address at Calle del Yunque, number 9, Nave 1A in the city of Tres Cantos (Madrid), CP 28760.  

The data that identify you as a client are treated with your consent, only with the purpose of keeping professional relationships, as established in article 6.1. a) and b) of the RGPD. Your data will be incorporated into the Protection System of AVACAB AUDIOVISUALES SL, and will be kept while the purpose for their treatment is in force. Likewise, the consultancy will keep a blocked copy, while there are legal obligations that may require them. 

This treatment will be carried out exclusively for the execution of the contract and the data will be kept indefinitely for archiving purposes, while there is a mutual interest to do so. The data will not be passed on to third parties, except in accordance with legal obligations. 

The customer can withdraw his consent to the processing of his personal data at any time, without this affecting the processing that has been carried out previously.  Likewise, we remind you that you have the right to access the available data, as well as the rights of rectification, suppression, opposition and limitation of their treatment or portability, in accordance with the provisions of the RGPD. To exercise these rights, or to revoke your consent to the processing of your personal data, you must write to the postal address indicated above or to the e-mail address avacab@avacab.es, providing a copy of your ID card.  If you consider it appropriate, you can submit a complaint to the Spanish Data Protection Agency, as the Control Authority.  

AVACAB AUDIOVISUALES SL will apply the security measures referred to in Article 28 of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and the guarantee of digital rights and other applicable regulations to customer files

   

10. Confidentiality Agreement 


The parties assume the strictest obligation of confidentiality regarding the content that the audiovisual materials may contain, agreeing not to disclose, in whole or in part, to third parties, the content that may be within them. In addition, AVACAB AUDIOVISUALES SL undertakes to comply with the provisions on confidentiality in the following clause in those cases in which it may be considered to be in charge of the processing of personal data. 

This clause will remain in force after the resolution or termination of this Contract or any of the Services provided in it.
  

11. Lack of Existence, Loss, Theft, or Deterioration of the contracted material 

AVACAB AUDIOVISUALES SL reserves the right to unilaterally rescind the contract in case of lack of stock due to unforeseen circumstances or force majeure, theft, loss or damage of the rented equipment. In this case, AVACAB AUDIOVISUALES SL may offer the consumer other available materials that may be suitable to the needs requested.
    

12. Competent Jurisdiction and Applicable Law 

The parties agree to submit themselves to the Courts of the City of Madrid for the resolution of conflicts arising from the interpretation, application or compliance with these General Conditions, expressly renouncing any other jurisdiction that may correspond to them. 

The agreements and clauses that make up this Contract will be interpreted and governed by the applicable Spanish Law. 

When the Client is considered a Consumer, the Client may choose between the previous jurisdiction and the Courts of the Client's residence. 

When the Customer is considered a Consumer according to Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defence of Consumers and Users and other complementary laws, AVACAB AUDIOVISUALES SL, in all matters arising from the interpretation, application or fulfilment of these General Conditions, expressly submits itself for resolution to consumer arbitration, undertaking to comply with any final award that may be issued.