General terms and conditions

1.1 The stated terms and conditions apply to the rental agreement concluded between Retail Concepts NV (hereinafter referred to as 'A.S.Adventure' or 'lessor'), on the one hand, and the natural person identified on the rental form (hereinafter referred to as the 'lessee'), on the other hand.

1.2 The rental agreement is concluded for a fixed period. The duration of the rental agreement is specified on the rental form.

1.3 The rental agreement concerns the equipment specified on the rental form within the Water Sports, Camping, Trekking, Bike, Ski and Tents categories, owned by A.S.Adventure. The equipment remains the property of A.S.Adventure for the duration of the rental agreement.

1.4 The lessee is aware of the risks involved in the use of rented equipment (loss, theft and damage of the rented equipment). Under no circumstances can risks be recovered from the manufacturer of the equipment or the lessor.

1.5 By signing the rental form, the lessee declares to have correctly entered the data concerning the rental in order to enable A.S.Adventure to provide the right equipment in the right capacity and adjustment.

1.6 The lessee acknowledges having checked the quality and the adjustment of the rented equipment upon receipt thereof.

1.7 The lessee may not sublet the rented equipment.

1.8 Upon entering into the rental agreement, the lessee has taken note of the applicable terms and conditions.

2.1 The binding rental agreement comes into force at the moment the rental form, confirmed by A.S.Adventure, is delivered to the lessee. The rental form contains a description of the rented equipment, the lessee’s identification details, and the start and end date of the rental agreement.

2.2 If the provision of the requested equipment by A.S.Adventure — due to any unavailability of the equipment or other causes — is impossible on the indicated starting date, A.S.Adventure will try to provide a comparable item in consultation with the lessee. In this case, the lessee has the right to either accept the modified rental form, or to cancel the order. In case of cancellation, A.S.Adventure will refund any prepaid amount in full.

3.1 The rental price is stated on the rental form and applies to the rental of the equipment from the start date to the end date as stated on the rental form.

3.2 If the rented equipment is returned earlier than the end date stated on the rental form, A.S.Adventure will not provide any discount on the rental price. If the use of the rented equipment exceeds the end date stated on the rental form, the rental price will be increased pro-rata, taking into account the additional days.

3.3 The time at which the rented equipment can be collected by the lessee is mutually agreed between the lessee and the lessor.

3.4 Upon collection of the rented equipment, the lessee will pay the full rental price, as stated on the rental form, corresponding to the rental period. Upon collection of the rented equipment, the lessee will also pay a security deposit as specified on the rental form, determined on the basis of the quantity and type of rented equipment.

3.5 Payments must be made at the lessor’s place of business.

4.1 The deposit is paid by the lessee when collecting the rented equipment. The amount of the deposit is stated on the rental form and the amounts are as follows:

5.1 The rental period commences when the lessee or their authorised representative takes delivery of the rented equipment at one of the lessor’s pick-up points. Any lessee who fails to collect or take delivery of the equipment at the agreed time will remain bound by the agreement for the rental period stated on the rental form or a period at least equal to that stated by them as the presumed duration of the rental, including any compensation. The lessor’s assurances regarding the delivery date are non-binding and do not constitute grounds for dissolving the contract or for compensation.

5.2 The rental will end, if it is expressly entered into for a definite period, on the agreed date, without the lessor being able to invoke tacit renewal.

As soon as the rental period has ended, the lessee is legally obliged, without any reminder, to return the rented property. From that moment on, the lessor will be entitled to have the rented equipment retrieved, without having to resort to the courts, regardless of its location. All costs for the retrieval of the rented equipment by the lessor will be borne by the lessee. For each day’s delay in returning the rented equipment, the lessee will be liable to pay compensation equal to 30% of the rental price per week, without prejudice to the lessor’s right to claim additional compensation.

6.1 Prior to the rental, the rented equipment is carefully checked and tested by A.S.Adventure. Any damage existing already will be reported to the lessee at the time of collection and will be mentioned on the rental form.

6.2 The lessee is expected to check the rented equipment upon receipt. The lessee must report any damage to or defects in the rented equipment in writing within 24 hours of receipt.

6.3 If the lessee has not reported any damage or defect within 24 hours of receipt, the rented equipment is deemed to have been delivered in the condition described on the rental form.

6.4 In the event that the lessee has reported damages or defects in time and the rented equipment does not meet the terms of the rental agreement, A.S.Adventure will provide alternative equipment to the best of its ability.

Damage or defects reported in good time constitute a legitimate ground for the cancellation of the agreement and entitle the lessee to a full refund of the paid rental price and the respective rental deposit. The lessee is not entitled to compensation for lost profit of the lessor and/or claims by third parties.

6.5 During the entire rental period, the lessee bears the risk of loss, theft and damage of the rented equipment for the entire rental period, starting at the time of collection and ending at the time of return.

6.6 The lessor will deliver the equipment in good condition. Inspection and counting by the lessee must always take place at the lessor’s pick-up locations. The lessee must confirm, at the time of taking delivery of the rented equipment, the correct quantity and the good condition of the equipment. Any objections must be noted on the rental form to be retained by the lessor, failing which all claims against the lessor will be forfeited. Collection and receipt by the lessee or their authorised representative will be deemed to be irrevocable acceptance.

6.7 The lessee is responsible for returning the rented equipment in the condition and quantity in which they were delivered. Without prejudice to any recourse against third parties, the lessee will be liable for any loss, damage, difference and diminution in value, without any fault or intention on the part of third parties, coincidence or force majeure being able to be invoked against the lessor.

6.8 The lessee is also liable for any damage or nuisance that the rented property, or its use, even if not faulty, may cause to third parties during the entire rental period. They will indemnify the lessor against liability to pay compensation for damage on the part of third parties arising from or in connection with the rented equipment or the use thereof or caused as a result of any defect in the equipment.

6.9 If any repairs are necessitated a result of normal wear and tear, the lessee must immediately notify the lessor thereof. The lessor will then carry out the work themself or have others do so at their expense, at no cost to the lessee. The time required for care, maintenance and any necessary repairs is included in the rental period, except in case of repairs made necessary by normal wear and tear. However, the lessee is not entitled to compensation on the basis of any interruption in the use of the rented property, nor does this give the lessee any right to terminate the rental agreement. The lessee must not carry out or commission any repair work themselves; instead, they must notify the lessor of any work to be carried out. Work made necessary by the lessee's misuse or negligence or by force majeure or acts of third parties must be paid for by the lessee, regardless of the fact that subletting or lending to third parties is excluded.

7.1 Recalling what has been agreed under Article 6 and without this list being intended to be exhaustive, the lessee is reminded of their obligation to observe the nature and type of the rented equipment, to protect it against overloading and damage, and to use the rented equipment with due diligence.

8.1 The deposit will be fully refunded for cancellations made up to two weeks before the start of the rental period.

8.2 For cancellations made less than two weeks before the start of the rental period, the deposit will not be refunded.

Exceptions:

•    The customer is entitled to a full refund of the deposit upon presentation of a valid and dated doctor’s certificate issued prior to the start of the rental period.

•    If the customer has purchased equipment similar to the rented material from A.S.Adventure, the customer is entitled to a full refund of the deposit.

9.1 A.S.Adventure is liable only for direct damage caused by it on purpose or by its gross negligence. The liability of the lessor is limited to the net invoice value of the agreement.

9.2 A.S.Adventure cannot be held liable for the advice it provides, typographical or printing errors on the website, technical specifications and information provided by suppliers, and the unforeseeable and reasonably uncontrollable poor quality of the rented item(s).

9.3 From the moment the rented equipment is handed over to the lessee, the lessee will be fully liable for any theft, loss, damage, breakage or deterioration in quality of the rented item(s), regardless of the cause. The lessee is obliged to reimburse A.S.Adventure for all resulting costs.

9.4 In the event of loss of the rented equipment, twice the amount of the deposit will be charged. In this case, the lessee will not be refunded the deposit, and will be required to pay the amount of the deposit a second time.

9.5 In the event of damage to the rented equipment, a shop employee will assess the severity of the damage. If the product is repairable, repair costs will be charged. In the case of irreparable damage, the lessee shall pay twice the amount of the deposit.

11.1 All disputes in connection with the rental fall under the exclusive competence of the judiciary in whose jurisdiction the lessor’s registered office is situated.