Terms and Conditions of Rental


Contents

Article 1: General provisions

Article 2: The Agreement

Article 3: Rental price and payment conditions

Article 4: Deposit

Article 5: Rental period

Article 6: Risk

Article 7: Guidelines for use

Article 8: Cancellation

Article 9: Liability

Article 10: Competence


Article 1: General provisions

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 the ‘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 stipulated on the rental form.

 

1.3 The rental agreement concerns the equipment specified on the rental form within the categories Water sports, Camping, Trekking, Bike and Tents 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 hired item). 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 so as 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.


Article 2: The Agreement

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.

 

2.2If the provision of the requested equipment by A.S.Adventure – because of an 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 accept the modified rental form or to cancel the order. In case of cancellation, A.S.Adventure will refund any prepaid amount in full.


Article 3: Rental price and payment conditions

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

 

3.2 If the rented equipment is returned earlier than the end date stated on the rental form, A.S.Adventure will not calculate a reduction on the rental price. If the use of the rented equipment exceeds the end date stated on the rental form, the rental price shall be increased on a pro rata basis, taking into account the additional days.

 

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

 

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

 

3.5 Payments shall be made at the lessor’s business premises.


Article 4: Deposit

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.

 

4.2 The lessor reserves the right to set off expired rental instalments against the deposit, as well as the costs for possible repairs or cleaning after the return of the rented equipment by the lessee.

 

4.3 The deposit never gives the right to interest.

 

4.4 The deposit will be refunded no later than 14 days after the return of the rented equipment. During this period, A.S.Adventure checks the rented equipment for damage and may charge for any repairs or cleaning.

 

4.5 Rental items must be returned clean and dry. For items that are not returned clean and dry, the cleaning costs are calculated on the basis of the categories stated:

 

Water sports: €25 – Camping: €25 – Trekking: €25 – Bike: €25 – Tents: €75.


Article 5: Rental period

5.1 The rental period commences when the lessee or their authorised representative takes possession of the rented equipment at one of the lessor’s pick-up points. The lessee who fails to collect or take delivery of the equipment at the agreed time shall 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, with 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 shall 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 shall 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 shall be borne by the lessee. For each day’s delay in returning the rented equipment, the lessee shall 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.


Article 6: Delivery and risk

6.1 Prior to the rental, the rented equipment is carefully checked and tested by A.S.Adventure. Already existing damage 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 case 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.

Temporary reported damages or defects 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 of third parties.

 

6.5 Rented equipment cannot be insured through A.S.Adventure. The lessee is responsible for any insurance of the rented equipment.

 

6.6 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.

 

6.7 The lessor delivers the equipment in good condition. Inspection and counting by the lessee always take place at the lessor’s pick-up locations. The lessee confirms, at the time of taking delivery of the rented equipment, the correct number 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 shall be deemed to be irrevocable acceptance.

 

6.8 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 shall 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.

 

6.9 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 shall 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.


Article 7: Guidelines for use

7.1 With a reminder of 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 equipment rented, to protect it against overloading and damage, and to use the rented equipment with due diligence.


Article 8: Cancellation

8.1 The paid deposit will be fully refunded in the form of a gift voucher for cancellations up to two weeks before the rental period.

 

8.2 The paid deposit will not be refunded for cancellations less than two weeks before the rental period.

 

Exceptions:

  • The customer is entitled to a full refund of the deposit upon presentation of a valid doctor’s certificate dated ‘before the start of the rental period’.
  • If the customer has purchased similar equipment from A.S.Adventure, the customer is entitled to a full refund of the advance payment.

Article 9: Liability

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 price of the agreement.

 

9.2 A.S.Adventure is not liable for the advice it provides, print and layout errors on the website, technical data and information provided by suppliers and the unforeseeable and reasonably uncontrollable poor quality of the rented equipment.

 

9.3 From the moment the rented equipment is made available to the lessee, the lessee shall be fully liable for theft, loss, damage, breakage and any deterioration in the quality of the rented equipment due to any cause whatsoever. The lessee is obliged to reimburse A.S.Adventure for all resulting costs.


Article 10: Competence

10.1 All disputes in connection with the rental are within the exclusive competence of the judiciary in whose jurisdiction the lessor’s registered office is situated.


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