The present General Conditions of Contracting, together with the Particular Conditions that, in each case and service, may be established (hereinafter, and as a whole, the "Conditions of Contracting") regulate expressly the relations that arise between AVACAB AUDIOVISUALES SL ("THE LANDLORD") with CIF B87641940, and those third parties that contract the services that this company ("THE LANDLORD") offers for this purpose in any of its web pages, by means of telephone contracting, or in the premises of the same company.
AVACAB AUDIOVISUALES SL is a company dedicated to the sale and rental of professional audiovisual equipment, having its registered office at Calle del Yunque, number 9, Nave 1A, in the municipality of Tres Cantos (Madrid), CP 28760, Spain.
1. General and particular conditions
Before contracting any of the Services offered, read carefully the Contract Conditions that regulate the provision of audiovisual material that you wish to contract, including the technical, operational and functional characteristics of the same, as well as the applicable fees in each case. For any additional information or clarification regarding the content of the Conditions of Contract, do not hesitate to contact us through our website, telephone or at our offices.
2. Object and scope of the contract
The object of this contract is the rental of material and all its accessories, sole and exclusive property of AVACAB AUDIOVISUALES SL, to the customer.
AVACAB AUDIOVISUALES SL, by this lease agreement, has no obligation to provide the leasing party with any information or training on the operation or functioning of the leased equipment.
The lessee is responsible for the proper use of the equipment to be rented and undertakes to return it in perfect conditions of use, since in such conditions he declares that he receives it, once it has been examined.
3. Contracting
3.1 Subjective Requirements
Natural persons of legal age or legal entities may rent the equipment. In the case of a legal entity, the application for the Services must be made by a duly authorized proxy or legal representative of the company. In the case of natural persons, they must be of legal age and contract in their own name.
3.2 Reservation of material
Reservations will be made by email to alquiler@avacab.es, specifying the data of the person interested in reserving (name, surname and ID or NIF) and may be cancelled without charge, up to 48 hours before the agreed date. In case of cancellation of the reservation between 48 and 24 hours before, 25% of the total amount of the budgeted rent will be invoiced. If at the time of picking up the equipment the cancellation occurs, a full day will be invoiced.
3.3 Acceptance
It will be understood that the reservation has been accepted, once AVACAB AUDIOVISUALES SL, responds to the e-mail sent by the natural or legal person who wants to rent it, making express mention that the requested material is available for the requested period of time.
3.4 Delivery and return of the equipment
3.4.1. At the signing of this contract, the lessor gives the lessor the equipment in perfect condition for technical and aesthetic use, also the lessor undertakes to return it in perfect condition on the date and time of return agreed.
3.4.2. No equipment will be delivered to any person who is not properly identified by a legal document such as ID or passport. AVACAB AUDIOVISUALES SL reserves the right not to rent the equipment in this case.
3.5 Rental deposit
Avacab Audiovisuals reserves the right to charge a deposit, corresponding to 10% of the value of the new equipment, for rentals made to individuals or companies with which there is no previous commercial relationship.
The deposit, unless the equipment is damaged or not delivered, will be returned in full when the equipment is returned and in the same way as it was paid.
3.6 Defects in the return of the material
In the event of returning the material with damages not indicated at the time of collection, or not being able to return all or any element due to loss of the same, the HIRER is obliged to pay for said material according to the current market price.
If such payment is not made within 15 calendar days following the return, AVACAB AUDIOVISUALES may take any legal action it deems appropriate.
3.7 Return of material on time
Delays in the return of rented material, which have not been accepted in writing by AVACAB AUDIOVISUALES, must be paid at a rate of "1 day" for every 24 hours of delay, to which no discount will be applicable and which are reflected on the website www.avacab-online.com.
In those cases in which the delay is higher than 72 hours, AVACAB AUDIOVISUALES SL, besides requiring the payment of the daily rate stated above, reserves the right to take legal action as it deems appropriate.
3.8 Return or delivery of material after hours
The material can be collected from Monday to Thursday from 9:30 to 18:00 in the afternoon and on Fridays until 14:00. If you need to pick up the material at a different time, you must request it at least 24 hours in advance and there will be an additional charge according to the following rate.
- From Monday to Friday: 25 euros
- Weekends and holidays: 50 euros
The return of the equipment must take place on the agreed day before 11 a.m.
3.9 Breakdown within the rental period
AVACAB AUDIOVISUALES SL does not assume any responsibility for the replacement of the equipment derived from its misuse. In case the right of substitution is recognized, it will be subject to the availability of the LANDLORD.
3.10 Modifications to the equipment
The HIRER may not modify, dismantle or repair the equipment to be rented, nor sell, pawn or dispose of the equipment or its accessories, subject to the responsibilities inherent in such actions.
3.11 Assignment and sub-letting of the equipment
It is forbidden to assign or sublet the material provided to the client as a consequence of this contract. In case the customer assigns or subleases to third parties the rented material, he will be solely responsible for any damage to it, as well as for the purposes and uses with which those third parties use the lent materials, exonerating AVACAB AUDIOVISUALES SL from any responsibility that the assignment or subleasing of the materials could give rise to.
4. Responsibility
4.1 General Regime
Unless otherwise expressly imposed in these Terms and Conditions or in the Law, and only to the extent and extent that it is imposed, AVACAB AUDIOVISUALES SL will be liable only for direct damages suffered by the Customer, and only when they have been caused directly by AVACAB AUDIOVISUALES SL.
AVACAB AUDIOVISUALES SL will be exonerated from any liability to the Customer, its users and third parties in cases where the anomalies are due to actions or omissions directly attributable to the Customer, as well as those direct or indirect consequences of misuse or improper handling of the materials leased by the customer, or by personnel outside the Customer, the lack of any permission both for the installation and for changes in the technical characteristics of the equipment installed, attributed or attributable to the Customer.
Except in cases of malicious action, AVACAB AUDIOVISUALES SL will not be responsible for the emergent damage, lost profits or business opportunities, cost savings and the disappearance or deterioration of data.
AVACAB AUDIOVISUALES SL will in no case be responsible for: (a) the costs, fines, penalties, indemnities, charges, damages or fees arising as a result of the breach by the Customer of its obligations; (b) the content, use and publication of the information and communications distributed through the leased materials, as well as the use and results obtained from them by the Customer and its users; (c) the violation by the Customer of any rule that may be applicable because of or in connection with the use of the leased materials.
The Customer is and shall be solely responsible for: (b) the full compliance with any rules that may be applicable due to or in connection with the use of the materials, including, but not limited to, the rules of use of the materials, the provisions on data protection, international communications, export of technological information, protection of consumers and users, confidentiality, secrecy of communications and privacy. In this sense, the Client is obliged to adopt the appropriate measures to avoid any illegitimate interference in the privacy of natural or legal persons that may violate the right to honour of third parties.
4.2 Exemption
AVACAB AUDIOVISUALES SL will not be responsible for problems arising from lack of access or problems inherent in the connectivity to the Internet or electricity networks, of the rented material when these have their origin in causes beyond its control or causes that could not have been foreseen by the parties or that, although foreseeable, AVACAB AUDIOVISUALES SL has made all reasonable efforts to avoid them or that were considered as fortuitous causes or force majeure.
AVACAB AUDIOVISUALES SL is completely unrelated and does not intervene in the creation, transmission or availability of, and does not exercise any kind of prior control or guarantee the legality, infallibility and usefulness of the content transmitted, disseminated, stored, received, obtained, made available or accessible through or by means of the rented equipment, disclaiming any liability that may arise from this. In order to prevent and prosecute violations in which AVACAB AUDIOVISUALES SL can be declared liable for subsidiary civil liability, the Customer expressly authorizes AVACAB AUDIOVISUALES SL to provide data and access to content that are required by the competent authority, as well as by the State security forces, in the course of a police investigation. The Customer is solely responsible for any claim or legal action, judicial or extrajudicial, initiated by third parties both against the Customer and against AVACAB AUDIOVISUALES SL relating to the infringement of rights of third parties and / or applicable regulations arising from the content, the Customer assumes all expenses, costs and compensation are incurred by AVACAB AUDIOVISUALES SL on the occasion of such claims or legal actions.
4.3 Customer's responsibility
The customer accepts and agrees, to the extent applicable to the contracted materials that: (a) the information transmitted or hosted on any of the leased materials, belongs for all purposes to the Customer, who shall be responsible to third parties for the content of such information. In this sense, the Customer agrees to leave AVACAB AUDIOVISUALES SL free of any claim that, for these reasons, could be deduced from that by third parties. For this purpose, the Client recognizes the right of AVACAB AUDIOVISUALES SL to cancel and/or delete the content at its discretion; (b) it will be the responsibility of the Client that the download of data and/or any material may cause damage or loss of data; (c) the information or services provided by the Client will not involve any violation of fundamental rights and public freedoms recognized by the Spanish Constitution and the rest of the legal system in force, in particular, the provisions of the legislation on the rights of consumers and users and the protection of children and youth. Therefore, the Customer agrees to indemnify AVACAB AUDIOVISUALES SL from any claim that, for these reasons, could be deduced against it; (d) the Customer will be responsible for: (i) The use for illegal purposes of the materials provided, as well as all its accessories; (ii) The transmission or dissemination of materials or content that violate current legislation and the publication of materials that do not have the necessary licenses and / or permits under the legislation of industrial or intellectual property rights.
5. Fortuitous Case and Force Majeure
Neither party shall be liable for the delay in the performance of its obligations, nor for the non-performance thereof (except for failure to pay the other party) if such failure is caused by fortuitous cases or force majeure, in accordance with the provisions of Article 1.105 of the Civil Code.
This circumstance shall be communicated to the other party as soon as possible. The agreed delivery periods shall be extended by at least the period of time that the cause of force majeure has lasted. If the cause of force majeure lasts longer than three (3) months, either party may terminate these Terms and Conditions of Business, without prejudice to the fulfilment of the payment obligations due up to the previous date. The fortuitous cause or events of force majeure, as well as the termination of the Contract Conditions based on the previous ones, will not exonerate the Client from the fulfillment of the payment obligations pending until the date of interruption of the Services.
6. Civil liability for damages caused to third parties
The TENANT is entirely responsible for any damage caused to third parties by the rented equipment during the entire rental period. AVACAB AUDIOVISUALES SL declines all responsibility in cases where the rented material may cause an accident.
AVACAB AUDIOVISUALES SL does not assume any responsibility for the loss of profit of the TENANT or third parties in case of failure or breakdown of the equipment during the rental period.
7. Intellectual Property
The client must delete any intellectual property rights generated by the provision of the audiovisual materials. AVACAB AUDIOVISUALES SL is not responsible for the loss or deterioration of any right subject to intellectual property after the return of the rented material.
8. Leaving the country of the rented material
The lessee, on the date of subscription or at any time thereafter, must communicate the departure of the equipment abroad within the lease period. The lessee shall be fully responsible for any formalities relating to this departure.
9. Organic Law on Data Protection
In compliance with the provisions of Regulation (EU) 2016/679 of 27 April 2016 (RGPD) and other regulations in force regarding the protection of personal data, we inform you that the personal data provided will be processed by AVACAB AUDIOVISUALES SL, B87641940, and address at Calle del Yunque, number 9, Nave 1A of the municipality of Tres Cantos (Madrid), CP 28760.
The data that identify you as a client are treated with your consent, only with the purpose of maintaining professional relationships, as established in article 6.1. a) and b) of the RGPD. Your data will be incorporated into the Protection System of AVACAB AUDIOVISUALES SL, and will be kept while the purpose for its treatment is in force. Also, the consultancy will keep a blocked copy, while there are legal obligations that may require them.
This treatment will be carried out exclusively for the execution of the contract and the data will be kept indefinitely for archiving purposes, while there is a mutual interest to do so. Such data will not be communicated to third parties, except for legal obligations.
The customer can withdraw his or her consent to the processing of his or her personal data at any time, without this affecting the processing that has been carried out previously. Likewise, we remind you that you have the right to access the available data, as well as the rights of rectification, suppression, opposition and limitation of its treatment or portability, in accordance with the provisions of the RGPD. To exercise these rights, or to revoke your consent to the processing of your personal data, you must write to the postal address indicated above or to the e-mail address avacab@avacab.es, providing a copy of your ID card. If you consider it appropriate, you can file a complaint with the Spanish Data Protection Agency, as the Control Authority.
AVACAB AUDIOVISUALES SL will apply the security measures referred to in Article 28 of the Organic Law 3/2018 of 5 December on the Protection of Personal Data and guarantee of digital rights and other applicable regulations to the customer's files.
10. Confidentiality Agreement
The parties assume the strictest duty of confidentiality regarding the content that the audiovisual materials may contain, agreeing not to disclose, in whole or in part, to third parties, the content that may be within them. In addition, AVACAB AUDIOVISUALES SL undertakes to comply with the provisions on confidentiality in the following clause in cases where it can be considered responsible for the processing of personal data.
This clause will remain in force after the resolution or termination of this Agreement or any of the Services provided therein.
11. Lack of Existence, Loss, Theft, or Deterioration of the contracted material
AVACAB AUDIOVISUALES SL reserves the right to terminate the contract unilaterally in case of lack of stock due to unforeseen circumstances or force majeure, theft, loss and damage of the rented equipment. In this case, AVACAB AUDIOVISUALES SL may offer the consumer other available materials that may be suitable to the needs requested.
12. Competent Jurisdiction and Applicable Law
The parties agree to submit themselves to the Courts of the City of Madrid for the resolution of conflicts arising from the interpretation, application or fulfilment of these General Conditions, with express waiver of the jurisdiction that may correspond to them.
The agreements and clauses that make up this contract will be interpreted and governed by applicable Spanish law.
When the Client is considered a Consumer, the Client may choose between the previous jurisdiction and the Courts of the Client's domicile.
When the Customer is considered a Consumer according to Law 3/2014, of 27 March, which modifies the revised text of the General Law for the Defense of Consumers and Users and other complementary laws, AVACAB AUDIOVISUALES SL, in all matters arising from the interpretation, application or fulfillment of these General Conditions, expressly submits to consumer arbitration for resolution, committing itself to comply with the final award that may be issued.