GENERAL RENTAL CONDITIONS
1. OBJECT OF THE CONTRACT
a) With this contract, the individual company WOOW of Martina Romanini (hereinafter “the Lessor”) undertakes to let the Lessee – who accepts – rent the equipment and material for carrying out recreational and similar activities as described in the book section of the individual package at the price and for the time indicated therein, within the limits and according to the contractual provisions expressed in these general rental conditions.
b) Having full ownership, the individual company WOOW of Martina Romanini rents to the Lessee, at the price and for the agreed period, the material as indicated in the booking section of the individual package, clean and in a good state of conservation and maintenance, suitable, functioning and functional for the setting up of events in general and similar.
2. COMPLETION OF THE CONTRACT
The contract will be concluded when the Lessee receives the booking confirmation from the Lessor by email. In the event that the booking is not confirmed by the latter, the sums paid will be refunded according to ordinary banking deadlines.
3. OBLIGATIONS OF THE TENANT
The Lessee undertakes to:
a) Provide correct and truthful information on your personal details, on the data relating to the property (such as address and type of property) and on the square footage available for the selected package and the number of participants indicated.
It is essential to communicate whether the place of delivery is located in a restricted traffic area (if so, the transit authorization will be at your expense), market area, pedestrian area and/or parking/loading-unloading. Communicate the presence or absence of usable elevators/hoists and related measures, and any deliveries to floors other than street level. Furthermore, information on impediments to accessing the location (restricted dimensions in width, height, etc.), whether there is an internal area for loading/unloading and whether or not trolleys can be used for moving goods. If the Lessee provides incorrect, incomplete and/or untruthful information, such as to entail greater costs than what was agreed, the Lessee must reimburse such greater costs which will be quantified, at the sole discretion, by the individual company WOOW di Martina Romanini and this amount must be paid upon simple request of the latter according to the methods indicated based on the moment in which such inconsistencies occur.
b) Pay the rental fee for the equipment according to the methods and within the deadlines indicated in the book section. The payment terms for any additional costs are to be considered essential and delay in payment, even by just one day, will result in the application of late payment interest according to Legislative Decree 231/2002, subsequent additions and amendments.
c) Return all the material and equipment rented, as listed in the booking section of the individual package and as shown on the delivery form, in perfect working order.
d) Attend the joint verification of the returned goods and sign the return form provided by the Lessor and indicating the quantity and quality of the returned goods, expressly accepting that failure to sign the form or absence at the time of the verification or abandoning the verification will result in the Lessee’s forfeiture of the right to make subsequent disputes with respect to the charges that may be made by the Lessor, according to these general contract conditions.
e) Check, at the same time as delivery, whether the material conforms to that requested, forfeiting any action and/or dispute in this regard and it is understood, therefore, that the goods delivered are in a good state of maintenance, free of damage, and in any case, suitable and adequate for the purposes and interests that the Lessee intends to pursue with the rental, exempting the Lessor from any procedural burden of proof in this regard.
f) Pay the total value of the goods damaged totally or partially, or missing at the time of the collection calculation. This price is shown immediately below the description of the good itself in the delivery form and is calculated for the actual repurchase of the good.
g) Look after the rented goods using the diligence of a good father in accordance with the art. 1176 cod. civil for the entire duration of the rental, until the return of the goods to the Lessor, assuming full and exclusive responsibility for losses, theft, damage, deterioration and/or alterations, for any cause even if not attributable to the Lessee, capable of decreasing their value or make it unusable for subsequent rentals to third parties.
h) Release or in any case hold harmless the Lessor from any civil liability for any claim made by third parties by way of compensation for direct and/or indirect, patrimonial and non-pecuniary damages, to persons and/or things, caused and/or even just caused by the use of rented goods.
4. DURATION OF THE CONTRACT, DELAYED OR FAILURE TO RETURN THE RENTED GOODS
a) The contract will have the duration indicated on the booking page. The return deadline is to be considered mandatory and cannot be extended unless otherwise agreed between the parties. Early return cannot constitute a reason for a reduction in the amount due for the rental and, therefore, the Lessee will still be required to pay the Lessor the entire agreed amount until the end of the rental.
b) The return of the goods must take place promptly at the place, day and time indicated in the booking confirmation.
Without prejudice to the agreed fee for the rental of the goods, in the event of delayed delivery of all or part of the rented goods, the Lessee will pay the Lessor, for each hour of delay, an increase equal to 30% of the overall agreed rental price. The sum will be due as a penalty pursuant to art. 1382 cod. civil due to the Tenant’s non-compliance.
c) The material, even if partially used (see table linens, Mise en Place and similar items) must still be paid for the requested number, it is not possible to request the separation or splitting of the payment only for the goods used.
5. SECURITY DEPOSIT
a) To guarantee the exact fulfillment of all the obligations assumed in the contract by the Lessee, including the obligation to pay the rental price of this contract, as well as to return the rented goods in the excellent condition of use received, the Lessor will have the right to request an interest-free sum as a security deposit which, if requested, the Lessee must pay at the time of conclusion of the contract and, in any case, before delivery of the goods being rented.
b) The security deposit referred to in the previous point will be returned by the Lessor to the Lessee upon positive verification of the quantity and quality of the returned goods.
6. DELIVERY AND RETURN OF THE GOODS
a) All rented material is set up by our operators in the place indicated by the Lessee at the time of booking.
b) From the moment of delivery of the rented goods, the Lessee will act as custodian and guarantor of the same and will be solely responsible until the return in favor of the Lessor, as provided and regulated in the previous clause 3.
c) Place and method of return of the rented goods.
c1.) Taking into account the difficulties of verifying the condition of the rented goods, (and so by way of example and not exhaustively: for the collection time, for the quantity of the rented goods, for the collection of the goods by external staff of the Lessor etc.), the parties agree that in the case of collection of the goods by the individual company WOOW of Martina Romanini at the place indicated in the contract by the Lessee, the verification of the quantity and quality of the returned rented goods will be carried out, in cross-examination between the parties as better specified below, at the warehouse of the individual company WOOW of Martina Romanini, during the morning of the day following the collection, unless otherwise agreed between the parties. The Lessee accepts that the transport of the rented goods will be carried out by the Lessor but at the risk of the Lessee himself. Therefore, hereby declares that the state and quantity of the rented goods that will result from the outcome of the joint verification are equal, in quantity and quality, to that taken over by the people responsible for collection from the individual company WOOW di Martina Romanini.
Therefore, the Lessee declares to renounce any exception and/or question aimed at ascertaining that any damage and/or missing goods are attributable to the transport and/or in any case to the carrier.
d) The joint verification will take place to ascertain the quantity and quality of the returned goods and, upon completion of the verification, the return form will be completed and signed. In the case of missing goods, the Lessor will issue a sales invoice for the purchase price indicated on the delivery form, indicated for the individual missing and/or unusable goods. In the case of goods returned in a condition other than the excellent condition in which they were delivered or damaged or broken or in any case unusable for subsequent rentals, the Lessor may demand, at its sole discretion, payment of the cost of restoring the goods if possible or, alternatively, the purchase price as indicated on the delivery form, without prejudice to the Lessee’s duty to pay the agreed rental price.
e) The absence and/or abandonment of the joint verification of the returned material and/or, in any case, the failure to sign the return form by the Lessee, for any cause and/or reason even if not attributable to the same, will entail the forfeiture of contradicting the Lessor during the verification, as well as contesting, for any reason, reason and/or cause, none excluded, the results of the return form. In this case, the Lessor will therefore have the right – at its sole discretion – to unilaterally examine the rented goods by completing the return form. In the case of damaged, missing and/or unusable goods, the Lessor will communicate the outcome of the unilateral verification by sending the return form to the Lessee.
f) In the case of damaged and/or broken goods and/or in any case unusable for subsequent rentals, the Lessee will have the right to collect the goods indicated by the Lessor in the return form no later than 30 days from the date of the sales invoice, subject to payment of the sales price as well as the agreed rental price. In the absence of collection of the damaged or broken goods within the aforementioned deadline, the Lessee hereby authorizes the Lessor to dispose of the damaged goods, renouncing to assert any defense, exception, request and/or dispute regarding the obligation to pay the consideration for the sale and non-delivery of the goods.
g) In any case, the terms and methods of payment of sales invoices or charging of costs will be the same as those agreed for the payment of rental invoices or in the different methods indicated by the Lessor. It is understood that the Landlord is in any case entitled to confiscate all or part of the security deposit as partial or total compensation for the sums owed, for any reason, by the Tenant to the Landlord.
7. PROHIBITION OF SUBLEASE AND ASSIGNMENT OF THE CONTRACT
a) The Lessee is prohibited from subleasing, free of charge and/or for a fee, the rented goods, without prior written authorization from the Lessor.
b) The Lessee may not assign the rental contract either in whole or in part, nor may he assign any of the rights and obligations deriving from it, without the proposed rental with the written consent of the Lessor.
8. SOLVE ET REPETE CLAUSE
In any case, the Lessee will not be able to raise any objection regarding the execution of the contractual service, justifying the failure to pay the amount due for any reason, both for the rental and for the sale. Therefore, the Lessee will be required to fully fulfill the obligations (by way of example, return of the goods and payment of the rental fee), only to then repeat these sums with independent judicial action.
9. WITHDRAWAL
The Lessee may withdraw from the contract, provided that he expresses his will or informs the Lessor with a notice of 10 working days before the date of delivery of the goods object of the rental. Beyond this deadline, and up to 72 hours before the event, the Lessor in the event of withdrawal will request compensation from the Lessee for the loss of earnings suffered, corresponding to 50% of the rental fee as a penalty according to art. 1382 cod. civil
Outside of the previous hypothesis, the Lessee will not have the possibility of withdrawing from the contract and, therefore, will be required to pay the entire consideration agreed upon in the irrevocable rental proposal.
10. DATA PROCESSING
According to the legislation regarding the processing of personal data under the Legislative Decree. 196/2003 and EU Reg. 679/2016, subsequent additions and amendments, the parties mutually consent to the processing of personal data necessary for the fulfillment of contractual obligations, including accounting, fiscal, administrative, and legal ones.
11. JURISDICTION AND APPLICABLE LAW
Any dispute that may arise regarding the interpretation and/or execution of this contract will be referred to the exclusive and mandatory jurisdiction of the Court of Rome.
The contract is regulated by Italian law.
12. FINAL PROVISIONS
No modification may be made to these general conditions except by written agreement subsequent to the date of conclusion of the contract, under penalty of their nullity. The nullity of any provision of these general contract conditions will not, however, lead to the invalidity of the entire contract nor of the rental proposal, taking into account that the economic conditions, as well as the contractual ones, have been read, accepted and shared by the lessee who, by signing these general conditions, declares to agree with them and find them adequate.
