RENTAL TERMS

1. Contractual Object

The terms and conditions set out below shall be the basis of all rentals. Upon delivery of rented devices at the place of use or upon handover, the following conditions shall be considered accepted. All equipment referred to in the respective delivery note is subject to these terms, errors and omissions excepted.
The contract with Eventsolution-Mallorca (the Lessor) shall be deemed to be in force once a) the Lessee accepts our offer verbally, in writing or via email, b) once the Lessee has received a written contract or order confirmation by mail or email or c) once Eventsolution-Mallorca or its DJs and technicians start performing their services.

2. Rental Term

The rental term shall be counted in days. Parts of days shall count as full days. The rental term shall begin with the arrival or handover of rented equipment to the lessee and shall end when equipment is returned to Eventsolution-Mallorca. Should the return of the equipment at the premises of the lessor be delayed beyond the end of the rental term as originally agreed, the rent shall be recalculated accordingly. The minimum rental term shall be 24 hours.

3. Transportation and Assumption of Risk

Transportation shall always be carried out at the cost and risk of the lessee by means of the most common mode of transportation unless the lessee has expressly stipulated a particular mode of transportation. The assumption of risk for rental equipment by the Lessee shall come into effect at the time of collection or delivery (delivery note) and end upon return or collection of the rental equipment by the Lessor.

4. Use of Rented Equipment

The rented equipment is the property of the Lessor. The Lessee shall use the equipment in a careful manner and comply with all obligations and Lessor´s instructions for use, which are associated with the possession, use and maintenance of the leased equipment.
The Lessee agrees to enable the Lessor to inspect the rented equipment at any time.

5. Liability and Warranty

The Lessor shall be liable for the functionally efficient condition of the rented equipment at the time of assumption of risk, excluding all further claims, as follows: If the rented equipment has a fault which renders it unable to perform as represented by the Lessor when received by the Lessee, then the Lessor, at his discretion, may either remedy the fault, exchange the faulty equipment for contractually functional equipment or withdraw from this contract. The rental price shall be appropriately reduced for the period of inability of the equipment to perform. The Lessor is liable only for damages that derive from a fault, which was in existence when the Lessee received the equipment. The Lessor’s liability shall be limited to the cost of repair up to the amount of the Lessor´s lease price claim, against which any subsequent claim for compensation for damages, which may arise, shall be set off. Further claims, which go beyond the above, especially for compensation for damages, shall be excluded. Any further claims that go beyond the above, especially those for the compensation of damage shall be excluded. Cases of injury to life, body or health are excluded from the liability limitation clause.

6. Lessee’s Liability

The Lessee is responsible to the Lessor for all damages, which arise as a result of the use of the equipment that does not comply with the conditions specified at the time of leasing. The Lessee is further liable for accidental loss or damage as well as theft. If the equipment is damaged beyond repair, the Lessee shall compensate the Lessor for the full value of the equipment at the time of loss. All damages shall be borne by the Lessee, regardless of whether he/she is responsible for said damage or not.

7. Licences

The Lessee shall be granted a time-limited licence for the usage of any software installed on rented equipment during and limited to the lease period.

8. Cancellation

If for any reason the lessee decides to withdraw from the rental agreement, the following cancellation costs shall be payable:

up to 30 days before commencement of rental term: 30% of agreed amount.
up to 14 days before commencement of rental term: 50% of agreed amount.
up to 07 days before commencement of rental term: 75% of agreed amount.
up to 03 days before commencement of rental term: 100% of agreed amount.

The premature return of rented equipment does not result in the reduction of the agreed amount.

9. Third-Party Rights

The Lessee shall be liable for all charges, claims and rights of liens of third parties in connection with the rented equipment. The Lessee is obliged to inform the Lessor immediately, and with disclosure of all relevant documents, if the rented equipment is impounded during the contract period or utilised by third parties in any other way. The Lessee shall bear all costs which may be incurred by the cancellation of such third-party interventions.

10. Delivery Times

The agreement of a rental date shall be subject to the proviso of the possibility of punctual delivery. Delivery times shall apply according to the respective offer. Delivery times shall be considered to be approximate, and shall be considered confirmed only upon receipt of any advance payment agreed on in the offer. Unforeseen events which are not the responsibility of the Lessor, regardless of whether they occur at the premises of the Lessor or his suppliers, such as, for example, strikes, lock-outs, accidental damage, operational interruptions etc., shall entitle the Lessor to withdraw from the contract or to postpone the commencement of the rental term by the period of hindrance, excluding all claims for compensation for damages on the part of the Lessee.

11. Payment

The rental fee is due and payable immediately upon completion of the contract and without any additional deductions for payments in cash or in advance. If the due date is exceeded, the Lessor reserves the right to charge default interest at the rate of six percent (6%) above the base interest rate of the European Central Bank from the contractual due date on. The Lessee may only offset claims of the Lessor or enforce a right of retention if a counterclaim is found to be undisputed or legally binding.

12. Return of Equipment

The Lessee shall, at his own cost and risk, return the leased equipment to the Lessor without delay upon expiry of the lease term.
The rental items are to be returned complete, tidy and in a clean and perfect condition in the Event Center of Eventsolution-Mallorca. The return is only complete when all rental items are handed over to the Event Center of Eventsolution-Mallorca. Eventsolution-Mallorca reserves the right to examine the rental items in detail.

13. Delayed Return

In the case of delayed return of the leased equipment, the Lessee shall compensate the Lessor for any losses sustained by the Lessor because of this delay. Should the rented equipment not be returned in good condition, the Lessee shall reimburse the Lessor for the full rental costs for the period necessary for repairing the rented equipment, notwithstanding any further claims by the Lessor for compensation for damages.

14. Final Conditions

Verbal agreements regarding this lease shall not be considered to be part of the lease. Any modification to this contract shall be concluded in writing. Should any individual provision of the rental be or become void, the validity of the remaining provisions hereof shall remain unaffected. Eventsolution-Mallorca, C/ Son Julia 11, Nave 6, 07609 Llucmajor. VAT ESY4647434E. Official courts of jurisdiction, insofar as legally permissible, are Palma de Mallorca respectively (Plaça del Mercat, 12, 07001 Palma, Illes Balears, España).
All previous general rental terms and conditions for the services of Eventsolution-Mallorca and its DJs and technicians shall be replaced by these GTC. These GTC apply to all rental services offered by Eventsolution-Mallorca.

Llucmajor, December 1, 2021