The following clauses governing the mutual liability between both parties constitute a sine qua non condition of the contract, without which
AVISUAL EUROPE S.L. (NIF B-65557951), hereinafter
AVISUAL PRO, would not agree to be bound:
1. The rented equipment and its accessories
The rented equipment and its accessories covered by this contract are the exclusive property of
AVISUAL PRO.
2. Rental exclusively to professionals
AVISUAL PRO reserves the right to rent the equipment and its accessories exclusively to professionals in the audiovisual sector, or professionals directly related to it.
3. Operation of the equipment
AVISUAL PRO will not provide the lessee with any information or training on the operation of the equipment and is not responsible for the compatibility of the rented equipment. If the order includes batteries, full charge is not guaranteed. Due to temperature changes or factors internal to the battery, batteries may discharge on their own without being used.
4. Delivery and return of the equipment
The lessor delivers to the lessee the contracted equipment in perfect condition and inventory; likewise, the lessee undertakes to return it in perfect condition on the agreed return date and time.
5. Damage upon return of the equipment
In those cases where they are not covered by the insurance, the lessee will be obliged to pay in full the amount of the same equipment when new, according to market prices, within 15 calendar days following the agreed return date.
6. Return of the equipment on time
Delays in the return of the rented equipment that have not been accepted in writing by
AVISUAL PRO must be paid at the “
1 day” rate for every 24 hours of delay, to which no discount will apply and which are shown on the website:
www.avisualpro.es.
In cases where the delay exceeds 72 hours, AVISUAL PRO, in addition to requiring payment of the daily rate stated above, will immediately proceed to take the appropriate legal action.
7. Breakdown within the rental period
AVISUAL PRO assumes no responsibility for replacing equipment resulting from misuse. Should a right to replacement be acknowledged, it will be subject to the lessor company’s availability.
8. Modifications to the equipment
The lessee client may not modify, dismantle or repair the rented equipment, nor sell, pawn or dispose of the equipment or its accessories, under warning of the liabilities inherent to such actions.
9. Liability for damage caused to the equipment
Any damage caused to the equipment resulting from its misuse will be the sole responsibility of the lessee client.
10. Civil liability for damage caused to third parties
The lessee client is entirely responsible for damage caused by misuse.
AVISUAL PRO declines all liability in cases where the rented equipment could cause an accident.
11. Taking the rented equipment out of the country
The lessee, at the date of signing or at any later time, must report the equipment being taken abroad within the rental period. The arrangements relating to this departure will be entirely at the lessee’s expense.
12. Liability under the LOPD (Personal Data Protection Act)
Liability arising from actions that may be carried out under Organic Law 15/1999, of December 13, on the Protection of Personal Data, as a result of the recordings obtained or of the loss of information, will in no case lie with AVISUAL PRO. The lessee client will be liable for any actions brought on such grounds.
13. Express submission to the Courts of Barcelona
The fulfillment or interpretation of the conditions herein, in the event of a discrepancy, will fall under the jurisdiction of the Courts of Barcelona, the lessee client thereby expressly waiving any jurisdiction of their own that might apply.
INSURANCE
The rented equipment is covered during trips made between any two points in Europe, as well as during stays, with stays in
Albania, Azerbaijan, Bosnia and Herzegovina, Macedonia, Chechen Republic, Serbia and Montenegro, Shida Kartli (South Ossetia), Russia, Tajikistan and Turkey.
Likewise, prior stays, setup and shooting and/or stays subsequent to said transport and while the equipment is being operated are guaranteed. However, an
extension of coverage may be requested on a case-by-case basis for any of the countries mentioned. All trips made by land and/or sea and/or river and/or lake and/or any combination of these means, whether conventional or not, are guaranteed.
The rented audiovisual equipment
is insured against any risk of loss, damage and/or expense as a result of accidents of the carrying vehicle.
Theft, fire, breakage, water damage, etc., are also covered, having even been expressly extended to cover lens breakage.
As an application and/or clarification, it is established that
the risk of theft of the insured interest will be covered during short-term parking of vehicles on public roads, provided that the insured objects were not exposed to view from the outside and the vehicle’s access points had been duly locked, with entry to their interior made by forcing doors, locks and/or windows.
Likewise, when the insured equipment stays overnight aboard vehicles in car parks, garages or other closed places, these must be duly guarded. Should an event of this nature occur, it must be immediately reported to the
Police Station nearest to the place where the event occurred.
It is expressly stated that breakdowns or damage due to
use, lack of skill, negligence, electrical and magnetic damage, scuffs and/or scratches, software damage, latent defects, theft, fraud, misappropriation, use on a drone, and damage from biological and/or chemical contamination are excluded from coverage, with the lessee client being the one who must bear the costs of repair or replacement with new equipment, always within 15 days from the agreed return date.
This insurance has a deductible payable by the lessee client of
€150.
DATA PROTECTION
At Avisual Europe SL we process the information you provide in order to deliver the requested service and handle your billing. The data provided will be kept for as long as the commercial relationship is maintained or for the time necessary to comply with legal obligations and address any liabilities that may arise from fulfilling the purpose for which the data was collected. The data will not be transferred to third parties except where there is a legal obligation. You have the right to obtain information about whether at Avisual Europe SL we are processing your personal data, so you may exercise your rights of access, rectification, erasure and data portability, and objection to and restriction of its processing, before Avisual Europe SL, C/ Bailén 68, or at the email address
se.lausiva-va@dadilibatnoc, attaching a copy of your ID card or equivalent document. Likewise, and especially if you consider that you have not obtained full satisfaction in exercising your rights, you may file a complaint with the national supervisory authority by contacting, for these purposes, the Spanish Data Protection Agency, C/ Jorge Juan, 6 – 28001 Madrid. We also request your authorization to offer you products and services related to those contracted and to build your loyalty as a customer.