The following clauses regulating mutual responsibility between both parties constitute a sine qua non condition of the contract, without which AVISUAL EUROPE S.L. (VAT B-65557951) hereinafter AVISUAL PRO, would not consent to be bound:
1. The rented equipment and its accessories
The rented equipment and its accessories subject to this contract are the exclusive property of AVISUAL PRO.
2. Exclusive rental to professionals
AVISUAL PRO reserves the right to rent the equipment and its accessories exclusively to professionals in the audiovisual sector, or professionals who are directly related to it.
3. Equipment operation
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 material. If the order includes batteries, full charge is not guaranteed. Due to temperature changes or internal battery factors, batteries can discharge on their own without being used.
4. Equipment delivery and return
The lessor delivers to the lessee the contracted equipment in perfect condition and inventory, likewise, the lessee agrees to return it in perfect condition on the agreed date and time of return.
5. Damage upon equipment return
In cases not covered by insurance, the lessee will be obligated to pay in full the amount of the same new material, according to market prices within 15 calendar days after the agreed return date.
6. Timely return of equipment
Delays in the return of rented equipment that have not been accepted in writing by AVISUAL PRO, must be paid at the rate of “1 day” for every 24 hours of delay, to which no type of discount will be applicable and which are reflected 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 appropriate legal action.
7. Breakdown during the rental period
AVISUAL PRO assumes no responsibility for equipment replacement resulting from misuse. If replacement rights are recognized, this will be subject to the lessor company’s availability.
8. Equipment modifications
The lessee may not modify, disassemble or repair the rented equipment, nor sell, pawn or dispose of the equipment or its accessories, under warning of the responsibilities 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 exclusive responsibility of the lessee.
10. Civil liability for damage caused to third parties
The lessee is entirely responsible for damages caused by misuse. AVISUAL PRO declines all responsibility in cases where the rented equipment could cause an accident.
11. Taking rented equipment out of the country
The lessee must communicate the removal of equipment abroad within the rental period at the time of subscription or at any subsequent time. The procedures related to this removal will be entirely the responsibility of the lessee.
12. Responsibility derived from the LOPD
The responsibility derived from actions that could be carried out under the Organic Law 15/1999, of December 13, on the Protection of Personal Data, as a result of the recordings obtained or the loss of information will not, in any case, be AVISUAL PRO’s. The lessee will be responsible for any actions brought in such concepts.
13. Express submission to the Courts of Barcelona
The fulfillment or interpretation of the conditions present here, in case of discrepancy, will be the competence of the Courts of Barcelona, thus expressly renouncing the proper jurisdiction that might correspond to the lessee.
INSURANCE
The rented equipment is covered during trips made between any two points in Europe, as well as during stays, expressly excluding stays in Albania, Azerbaijan, Bosnia-Herzegovina, Macedonia, Republic of Chechnya, Serbia and Montenegro, Shidda Khartli (South Ossetia), Russia Tajikistan and Turkey.
Likewise, previous stays, assembly and filming and/or subsequent stays to said transports are guaranteed while they are being operated. However, on a case-by-case basis, coverage extension may be requested for any of the mentioned countries. All trips made by land and/or sea and/or river and/or lake and/or combinations of any 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 involving the carrier vehicle. Additionally, theft, fire, breakage, water damage, etc., are covered, and it has even been expressly extended to guarantee lens breakage.
As an application and/or clarification, it is established that the risk of theft of the insured interest will be guaranteed during short-term parking of vehicles on public roads, provided that the insured objects were not visible from the outside and the vehicle access points had been properly closed, with access to the interior being gained through the breaking of doors, locks and/or windows.
Likewise, when the insured equipment stays overnight on board vehicles in parking lots, garages, or other enclosed places, these must be properly guarded. In the event of an incident of this nature, it must be immediately reported to the nearest Police Station to the place where the incident occurred.
It is expressly stated that the coverage excludes breakdowns or damages due to use, lack of skill, negligence, electrical and magnetic damage, abrasions and/or scratches, software damage, latent defects, petty theft, fraud, misappropriation, drone use, and damage from biological and/or chemical contamination, with the renting client being responsible for assuming the repair or replacement costs with new equipment, always within 15 days from the agreed return date.
This insurance has a deductible charged to the renting 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 provided data will be kept as long as the commercial relationship is maintained or for the time necessary to comply with legal obligations and address potential responsibilities that may arise from fulfilling the purpose for which the data was collected. The data will not be transferred to third parties except in cases 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 can exercise your rights of access, rectification, deletion and data portability, and opposition and limitation to its processing by contacting Avisual Europe SL, C/ Sepulveda 58 or at the email address contabilidad@av-avisual.es, attaching a copy of your ID or equivalent document. Likewise, and especially if you consider that you have not obtained full satisfaction in the exercise of your rights, you may file a complaint with the national control authority by addressing 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 retain you as a customer.