General terms and conditions

Article 1 - Definitions

1.     Lessor: PartyBookers

2.     Lessee: any natural person not acting in the course of a profession or business, any natural person acting in the course of a profession or business and any legal person or other legal form which has a contractual relationship with PartyBookers, pursuant to an agreement entered into with PartyBookers. In particular, this also includes the person on whose behalf items are rented. Natural persons must be at least 18 years of age.

3.     Agreement: the agreement entered into between PartyBookers and the lessee, to which these general terms and conditions as well as any supplementary terms and conditions apply.

4.     Current market value: the new price of the goods on the date of damage or loss.

Article 2 - Applicability

1.     The general terms and conditions of the lessor apply to all quotations, offers and all agreements entered into by PartyBookers, however called.

2.     The lessee with whom a contract has once been concluded with the consent of these general terms and conditions, agrees to the applicability of the general terms and conditions to subsequent agreements between her and the lessor.

3.     Should the lessee refer in his correspondence relating to the agreement to other terms and conditions or otherwise applied by the lessee, these shall be explicitly rejected and shall not be binding on the lessor, except if and insofar as the lessor has expressly agreed to this in writing.

4.     Any deviations from these terms and conditions applied by the user to the benefit of the lessee at any time shall never entitle the latter to invoke them at a later date or to claim the application of such a deviation as certain.

Article 3- Quotations and offers

1.     All quotations and offers are without obligation, unless expressly agreed otherwise in writing. An offer and quotation is based on the details provided by the lessee. The lessor is entitled to revoke a quotation or offer without engagement within 3 working days of its acceptance by the lessee. In that case, no agreement will be concluded between the parties.  

2.     An offer shall be valid for a fortnight after its date, after which it shall expire.

3.     Any additional agreements, promises or announcements made or made by employees of the lessor, or made or made on behalf of the lessor by other persons acting as representatives, shall be binding on the lessor only if these agreements, promises or announcements have been confirmed in writing by its managers authorised to represent the lessor, or persons authorised by them for this purpose.

Article 4 - Conclusion of agreement

1.     The agreement only comes into effect if the lessor has accepted or confirmed the request in writing, or has started its execution. The latter also applies if orders have been accepted by staff, representatives or intermediaries of the lessee. By signing or confirming the agreement, the lessee agrees to its contents.

2.     Acceptance must reach the lessor within a period of two weeks.

3.     If the lessee, when accepting the agreement, refers to general terms and conditions other than those of the person letting the mooring, such reference shall have no effect and these general terms and conditions shall apply exclusively.

Article 5 - Prices

1.     The prices quoted by the lessor shall, unless expressly stated otherwise, be in Euros including IVA.

2.     All prices are subject to printing, typesetting and typing errors. No liability shall be accepted for the consequences of misprints, typesetting and typing errors. In the event of printing, typesetting and typing errors, the lessor is not obliged to deliver the product according to the incorrect price.  

Article 6 - Cleaning costs

1.     The hire goods shall be delivered by the lessor clean and ready for use. Lessee should return the hire goods clean. If the hired goods are returned dirty, the lessor may charge cleaning costs. The conditions of delivery are also applicable in this respect, which are enclosed.

Article 7 - Cancellation

1.     Cancellation of the agreement by the lessee is possible up to 24 hours before the moment of execution of the agreement. Cancellation should be done in writing. The moment the lessor receives the letter is decisive for the moment of cancellation.

2.     If the lessee moves the performance to a date within 1 year of the original date of the agreement, it may be moved once free of charge, subject to availability of materials.

3.     In the event of cancellation within 24 hours, the lessor shall charge a cancellation fee of 50% of the total hire price.

4.     The lessor has the right to cancel the agreement or change the time of hire in consultation with the lessee, up to 7 days before the time when the agreement was to be performed. In this case, the lessee shall not be entitled to damages for any reason whatsoever.

Article 8 - Payments and default

1.     Payment shall be made by bank transfer in advance, unless otherwise agreed. Payment of additional costs on account of dirty, damaged, non-delivery or late delivery of the rented materials, including packaging, must be made afterwards by bank transfer. The lessee will receive an invoice for the aforementioned costs.

2.     The hire price should be credited to the lessor's account at least 48 hours before commencement, unless otherwise agreed. If the payment has not been received in the lessor's account at the latest 48 hours before commencement, the lessor cannot guarantee that the reserved products are still available for the reservation period.

3.     On expiry of the payment term, the Lessee shall be in default by operation of law and all lessor's claims on the Lessee shall be immediately due and payable without written notice of default and lessor shall have the right to suspend the performance of agreements until the Lessee has complied with all due and payable obligations. In the event of death, the intention to apply for or file for bankruptcy, suspension of payments or the intention of private debt restructuring or liquidation of the (company of the) lessee, the obligations of the lessee shall be immediately due and payable.

4.     As soon as the lessee is in default, he shall owe statutory interest (2% for consumers and 8% for organisations/companies) per month, or part thereof. The costs arising from collection of the outstanding amount, with a statutory minimum of € 40.00, shall be at the expense of the lessee. If the lessor proves to have incurred higher costs, these shall also qualify for reimbursement.

5.     Payments made by the lessee shall first be applied to settle the interest and costs due, and subsequently the longest outstanding payable invoices. All payments by the lessee shall be made without any right of suspension, discount or settlement.

6.     In any case of non-payment, suspension of payment, bankruptcy, cessation, liquidation or receivership of the lessee, all amounts receivable by the lessor from the lessee shall be immediately due and payable in full, the lessee shall be obliged to immediately return the hired items and the lessor shall be entitled to gain access to the grounds and buildings of the lessee and to enter these in order to take possession of the items in question. All costs involved and damage suffered by the lessor as a result will be for the lessee's account.

Article 9 - Execution

1.     When executing the agreement, the lessor shall be entitled to provide slightly different or similar rental materials, without this constituting grounds for dissolution of the agreement.

2.     All hire materials delivered by the lessor shall be unloaded next to the vehicle at the destination indicated by the lessee. Consequences of an incorrectly specified address shall be for the account of the renter. The rental agency shall collect the rental materials on the agreed day at the agreed time. Unless otherwise agreed in writing.

3.     To fulfil its obligations under the agreement, the lessor is entitled to hire (similar) items (possibly including personnel) from a third party.

4.     Agreements between the lessor and the lessee on the time when the lessee can dispose of the hired items (for the purposes of these conditions this shall also mean: items made available otherwise), shall be observed by the lessor with the utmost care. In case of (imminent) overrun, the lessor will contact the lessee to make new arrangements in good mutual consultation.

Article 10 - Insurance

1. The rented materials are not insured while in the possession of the lessee. The lessee is therefore obliged to reimburse the lessor for all damage caused, through whatever circumstance, during the provision through his own insurance.

Article 11 - Retention of title

1.     The hire materials shall remain the property of the lessor at all times, regardless of the duration of the agreement. If the lessee intentionally appropriates the hired item, it shall be deemed embezzlement. Failure to return the hired item on time will not extend the agreement, unless otherwise agreed and stipulated, although the risk remains entirely with the lessee.

2.     Except with the written consent of the lessor, the lessee shall not be entitled to alienate, pledge or otherwise encumber the rented items for the benefit of third parties.

3.     The lessee shall immediately inform the lessor in writing if the property is seized or otherwise claimed. If the lessee learns of a possible seizure of the item, he shall inform the lessor. Furthermore, the lessee shall inform the lessor on first request where the item in question is located.

4.     If the rented property is seized, the lessee is granted a (temporary) moratorium or is declared bankrupt, the lessee shall immediately inform the seizing bailiff, administrator or receiver of the lessor's (ownership) rights.

Article 12 - Claims

1.     The rental materials made available by the lessor are deemed to comply with the agreement, with the exception of that mentioned in 9.1.

2.     At the time the hire materials are made available, the lessee shall check whether the items are in accordance with the agreement and shall notify the lessor immediately, orally or in writing, of any defects, at least within 3 hours of receipt. From the moment the hire materials are taken into use, the right to complain lapses.

Article 13 - Liability

1.     The lessor shall be liable only for direct damage caused by his intent or gross negligence. Any liability of the lessor shall be limited to the net invoice price.

2.     Damage in whatever form caused to/in the ground by anchoring the hired object to the workplace shall be at the expense of the lessee.

3.     From the moment the hired materials are made available until they are returned, the lessee is fully liable for loss, damage, breakage and any deterioration in the quality of the hired materials, whatever the cause, and is obliged to compensate the lessor for all damage resulting from this. The damage shall be determined by counting upon receipt by the lessor. The lessor's count shall be binding on the parties.

4.     The lessee must follow all instructions given by the lessor, both verbally and in writing, regarding the (safe) use of the material made available.

5.     The Lessee shall be obliged to take note of the applicable instructions for the use of the Subjects. These instructions shall accompany the rented object and must be made available by the lessor on request.

6.     If the lessee transfers responsibility for the camper van to a third person, the obligation to provide the safety rules shall pass from the lessor to the lessee. Nevertheless, the lessee remains jointly and severally liable for compliance with these instructions.

7.     If the lessee fails to comply with the safety rules, the lessor shall expressly reject any liability for damage to the hired object or consequential damage to persons or equipment caused by the hired object.

8.     If the agreement provides that the lessor is also responsible for supervising the safety rules, the lessor shall be entitled to immediately stop using the hired object if it appears that the safety rules cannot or can no longer be observed. This at the discretion of the lessor and without entitlement to compensation to the lessee.

Article 14 - Force majeure

1.     Force majeure shall be understood to mean circumstances which prevent compliance with the commitment and which cannot be attributed to the lessor. Force majeure shall in any case include: stormy weather from force 5 onwards, (transport) delays, no or incomplete delivery by the lessor's lessees, unforeseen stagnation at suppliers or other third parties, strikes, general transport problems and the inability to obtain items or services required for the lessor's performance of the agreement.

2.     During force majeure, the lessor's delivery and other obligations shall be suspended. If the period in which compliance with the obligations by the lessor is not possible due to force majeure lasts longer than 4 hours, both parties shall be authorised to dissolve the agreement, without any obligation to pay damages existing or arising in that case.

3.     If, at the start of the force majeure, the lessor has already partly fulfilled its obligations, or can only partly fulfil its obligations, it shall be entitled to separately charge the part already made available, or the part that can be made available, as if it were a separate agreement.

Article 15 - Dissolution

1.     In the cases described below, the person letting the mooring may, without further notice of default, terminate the agreement in whole or in part, with immediate effect, or suspend the performance of all agreements already made, or parts of them that have yet to be performed, until, in his opinion, adequate security has been provided:

a. if the lessee fails to fulfil one or more of its obligations, or fails to do so on time or properly;

b. if the lessee becomes bankrupt or applies for a moratorium, offers a composition or otherwise proves insolvent;

c. if compliance with the agreement is permanently prevented or hindered by force majeure, or (further) performance by the lessor is reasonably difficult. In the event of dissolution as referred to above, the lessor shall never be obliged to pay any kind of compensation. The Lessee is obliged to indemnify the lessor against any third-party claims resulting from the dissolution. In case of dissolution as referred to in 1, the lessee is obliged to immediately reimburse all costs already incurred by the lessor and to further indemnify him by paying 10% of the agreed price, without prejudice to the right of the lessor to claim full compensation.

2.     If new agreements have been made (9.5) and the lessor does not comply with them, the lessee shall be entitled to dissolve the agreement and to do so two weeks after receipt by the lessor of a registered summons to comply with the agreement, if this summons has not been complied with. The lessor accepts no liability for damage resulting from the excess referred to in this section.

Article 16 Final provision and choice of law

1.     The agreement shall be governed exclusively by Spanish law.

All disputes concerning the conclusion, interpretation or execution of this agreement or any further agreements arising from it shall be decided exclusively by the court in the district in which the lessor is established, insofar as it falls under the jurisdiction of the court. A dispute is present if one of the parties so states.

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