General terms and conditions of rental
TERMS AND CONDITIONS
INTRODUCTORY ARTICLE - SUBJECT OF THE GENERAL RENTAL CONDITIONS
Unless otherwise specifically agreed, these general terms and conditions of hire (hereinafter the "GTC") apply to any hire of equipment (hereinafter the "Equipment") between the company Atawa (hereinafter the "Service Provider") and the person placing the order (hereinafter the "Client").
The services included in the rental are agreed between the parties at the time of the order and may include the delivery of the Equipment, including outward transport and assembly, the provision of the Equipment, the return of the Equipment, including dismantling and return transport, and any ancillary services agreed between the parties.
ARTICLE 1 - ACCEPTANCE OF CGL
1.1 The validation on the Client's online space (Atawa-app.com system) of an Atawa rental proposal by the Client automatically entails acceptance of the GTC.
1.2 Any validation of a proposal by any process other than the Atawa-app.com system entails acceptance of the GTC, available on the Client's online space and accessible from the email containing the Service Provider's proposal.
1.3 These GTC replace any general terms and conditions of purchase or Rental of the Customer.
ARTICLE 2 - FORMATION AND CANCELLATION OF THE ORDER
2.1 The online validation of a proposal by the Customer leads to the creation of an order (hereinafter the "Order") and the start of the process of verification of the availability of the Equipment by the Service Provider.
In the event of availability at the end of the verification process, the Order will be confirmed by the Service Provider to the Customer by email.
In the event of unavailability of the Equipment, the Customer shall be notified, resulting in the cancellation of the Order, at no cost to any party.
If equivalent Equipment is available, the Service Provider may offer this substitute Equipment to the Customer, who will have 48 hours to accept or refuse the proposal. Acceptance of the equivalent Equipment by the Customer shall result in confirmation of the Order. Refusal by the Customer or failure by the Customer to reply within the time limit shall result in the cancellation of the Order, at no cost to any party.
The Service Provider shall not be liable for damages in the event of a cancelled Order.
2.2 Any additional Orders placed after the initial Order will be subject to the GTC and will be subject to additional invoicing.
2.3 Any modification of the Order at the Customer's initiative, including the postponement of the Order in time, even in the event of force majeure, is subject to the Service Provider's acceptance and the feasibility of such modification. The modification of an Order, if it is possible, may result in an increase in the rental price to be paid by the Client.
2.4 In the event of cancellation of the Order by the Customer no later than three months before the scheduled delivery date, 50% of the price including VAT of the Order is due. The full price of the Order, including VAT, shall be due in the event of cancellation of the Order by the Customer less than three months before the delivery date. These provisions shall apply even if the cancellation by the Customer is caused by exceptional circumstances occurring after confirmation of the Order, such as a case of force majeure.
ARTICLE 3 - PRICES AND REGULATIONS
3.1 Prices are always exclusive of tax and in euros, unless otherwise stated. The Client agrees to pay any amount due under the rental agreement by bank transfer or cheque.
3.2 Unless otherwise agreed in writing, a deposit invoice of 50% of the amount of the Order (including VAT) shall be issued to the Customer as a first instalment upon confirmation of the Order. A new down payment invoice for 80% of the amount including VAT shall be issued to the Customer one month prior to the delivery date, after deduction of the amount received as the first down payment. For all Orders confirmed less than one month before the delivery date, a single down payment invoice for 80% of the amount (including VAT) of the Order shall be issued to the Customer upon confirmation of the Order. An invoice for the balance of the amount of the Order shall be issued upon delivery of the Equipment.
3.3 Unless otherwise agreed, these invoices are payable on receipt. Any delay in the payment of the sums due by the Client to the Service Provider shall automatically make late payment interest of 12% payable as well as the payment of an indemnity of 40 euros in collection costs. If the Client fails to pay within 15 days of receipt of the deposit invoices, the Service Provider may consider that the Client has cancelled the Order. In this situation, the Client shall be liable for the cancellation fees provided for in Article 2.4 above.
For all Orders confirmed 30 days or less before the delivery date, the Customer must send the Service Provider proof of payment of the deposit invoice of 80% of the amount (including VAT) of the Order within 48 hours of receipt of the invoice. If the Service Provider does not receive proof of payment from the Customer, the Service Provider may consider that the Customer has cancelled the Order. In this situation, the Customer shall be liable for the cancellation fees provided for in Article 2.4 above.
In all cases, if the Service Provider has not received proof of payment of 80% of the amount (including VAT) of the Order on the day before the date of the planned delivery of the Equipment, the Service Provider may consider that the Customer has cancelled the Order and may therefore not deliver the Equipment. In this situation, the Customer shall be liable for the full price of the Order, including all taxes.
3.4 In the event of non-use of the Equipment, the Customer remains liable for the full amount due.
3.5 The Service Provider reserves the right to increase the initial price of the Order for the following reasons:
Technical delivery and installation characteristics that differ from those provided for in the Order generating additional costs (for example, higher than expected delivery and takeover costs of the Material, additional material costs, floor levelling costs), identifiable in particular by means of a technical visit (see Articles 4 and 5 below);
Additional labour and/or transport costs of the Service Provider in the event of intervention on Sundays, public holidays, outside working hours, or in the event of a modification of the Order, or at the request of the Customer ;
Conditions of delivery and collection and/or installation not stipulated in the Order resulting in an extension of the duration of the delivery/ collection operations (such as, but not limited to: failure to recondition the furniture, delivery on a storey without a lift, distance between the place of parking and unloading and the place of installation, ballasting resulting from the impossibility of anchoring the structure by staking, clutter at the place of installation of the Equipment);
Waiting period for which the Service Provider is not responsible (impossibility of access to the place of delivery or collection of the Equipment, lack of coordination with other service providers, delay by the client in accepting the delivery, impossibility of movement of the Service Provider's vehicles, heavy goods vehicle, semi-trailer, forklift truck, etc.);
Costs incurred by the Service Provider in returning the Plant to the condition in which it was before delivery of the Plant, including cleaning, or in replacing the Plant if the repair of the Plant is not possible;
Parking costs and/or possible security costs for the means of transport used in the context of the rental during the delivery/return operations as well as during the outward and return transport of the Equipment;
Any costs incurred by the Service Provider in filling in the holes for the attachment of the Equipment, as requested by the Customer.
3.6 The Service Provider reserves the right to ask the Customer to pay a security deposit by cheque to guarantee payment of a duly justified rate increase for the reasons detailed in Article 3.5 above. Without a rate increase, the security deposit will be destroyed or returned at the end of the rental period. If the Service Provider does not receive the guarantee within 5 days of the request, the Service Provider reserves the right to cancel the Order at no cost to any party.
3.7 If delivery/assembly of the Equipment under the conditions validated by the Customer is impossible without modifying the Order, even on the day of delivery/assembly, and the Customer refuses this modification, the Service Provider may consider that the Customer has cancelled the Order. In such a case, the Client shall be liable for the cancellation costs provided for in Article 2.4 above.
ARTICLE 4 - OBLIGATIONS OF THE PROVIDER
The Service Provider undertakes to :
to use all reasonably available means for the performance of the Order, including the delivery of the Equipment, its assembly and disassembly, if applicable, and the other services agreed with the Customer;
communicate to the Client in its online space (Atawa-app.com system) a Delivery and Recovery Schedule in due time, and its updates by any means if necessary;
At the Customer's request, once the Order has been confirmed, organise a technical visit to the places of delivery and installation of the Equipment either (1) on a date set by the Service Provider at no additional cost to the Customer, or (2) on a date set by the Customer subject to the Service Provider's availability at the Customer's expense for an amount agreed in advance between the parties;
inform the Client without delay of any element that would prevent or disrupt the performance of the rental;
provide the Customer, upon express written request, and within a reasonable period of time, with any proof of conformity and approval of the Rented Equipment in accordance with the standards in force;
to keep confidential any data communicated by the Customer within the framework of the rental, at the express request of the Customer;
inform the Customer as soon as possible in the event of a situation that would trigger a price increase as provided for in Article 3.5 above, in particular in the case of Equipment damaged during the rental period (see Article 5.5 below);
not to behave in an unfair or aggressive manner towards the Client and the people met during the rental.
ARTICLE 5 - OBLIGATIONS OF THE CLIENT
5.1 The Customer undertakes to :
pay any sums due to the Service Provider within the time limit;
carry out any administrative procedures incumbent on it and any verification of the installation;
ensure that the use of the Equipment complies with the legal provisions in force according to the type of event;
inform the Supplier during the preparation of the rental proposal of any constraints on access to the place of installation for the delivery of the Equipment, and any technical specifications relating to the place of installation of the Equipment if applicable (for example, the presence at the place of installation of any pipe, cable or other technical installation);
inform the Service Provider as soon as possible following confirmation of the Order of any constraints on access to the place of delivery of the Equipment, and any technical specifications relating to the place of installation of the Equipment, if applicable, that do not appear in the Order;
not to withhold any information useful to the Service Provider for the proper performance of its service;
at the Service Provider's request, allow access to the places of delivery and installation of the Equipment for a technical visit either (1) on a date set by the Service Provider at no additional cost to the Customer, or (2) on a date set by the Customer subject to the Service Provider's availability at the Customer's expense for an amount previously agreed between the parties ;
to comply with the Delivery and Collection Schedule and, on the day of delivery, to comply with any implementation plan for the Equipment agreed by the parties;
be present on the day of the start and end of the operations to confirm the place of delivery, the delivery of the Equipment, and the assembly of the Equipment, if applicable. In the absence of confirmation, or in the event of the Customer's absence on the day of delivery, the delivery of the Equipment shall be deemed to be tacitly accepted by the Customer. Generally speaking, even in the event of force majeure, the Customer's absence prohibits the Customer from subsequently contesting the value of the Equipment, its content and scope,
free access to the place of delivery from any obstacle to allow access by the Service Provider's vehicles. In the event that the Service Provider is unable to gain access to the scheduled place and time of delivery due to the Customer or to the Customer's absence, the Service Provider reserves the right not to proceed with the delivery and to consider the Order cancelled by the Customer under the conditions set out in Article 2.4;
not to interfere with the delivery, assembly, disassembly, and return of the Equipment.
guarantee the Service Provider against any recourse by the operator or owner of the place of destination of the Equipment. The Service Provider shall not be liable for any damage caused to the site during the normal performance of the service;
not sublet or transfer the Material to a third party without the express permission of the Service Provider, unless otherwise agreed;
to comply with the operations guide relating to the security and methods of use of the Equipment transmitted to the Client by the Service Provider prior to delivery, and in general, to use the rented Equipment in accordance with its normal destination, to do nothing or allow nothing to be done that could lead to its deterioration or disappearance, to provide the necessary normal maintenance, and to maintain it in a good state of use, to comply, if necessary, with the Service Provider's specific recommendations and advice for use and appropriate warnings of which he acknowledges having taken cognizance;
ensure, at its own expense, the safekeeping of the Rental Equipment. Custody shall be provided from the time of delivery until the Equipment is taken back in full,
not to behave unfairly or aggressively towards the Service Provider and the persons responsible for delivery, assembly, disassembly or take-back.
5.2 The Customer may not make any modification and/or transformation, however minor, and/or carry out any repair whatsoever on the Equipment. No nailing, drilling, drilling, application of adhesive, painting or any other type of application may be carried out on the rented Equipment. Any intervention by the Client on the Equipment without the Service Provider's authorisation and which would have the direct or indirect consequence of damaging the Equipment shall be directly attributable to the Client, who shall bear the financial consequences thereof.
Only the Service Provider's personnel are authorized to assemble, disassemble, move, modify or repair the Equipment. Any change in the destination or configuration of the Equipment rented or sold desired by the Client must have the prior express written approval of the Service Provider....
5.3 The Client further undertakes to allow any representative of the Service Provider or person authorised by the Service Provider or by any Administrative, Judicial or Police Authorities free access to the Equipment installed, and to take all useful measures to facilitate their mission, it being hereby specified that the doors opening the structures must not under any circumstances be obstructed or blocked from the inside or outside by any system whatsoever.
5.4 The Equipment shall remain in the custody of the Customer until the Service Provider takes back the Equipment, even if the take-back is delayed in relation to the Delivery and Take-back Schedule.
5.5 The Customer must report any damage to the Rental Goods to the Service Provider during the Rental Period. The damage will be noted during or after the return, if possible with photographs. Any damage that is discovered but not reported by the Customer will be reported to the Service Provider after the return of the Equipment. The repair of the Equipment, its cleaning, or its replacement due to damage caused during the rental period will be invoiced to the Customer and payable by cheque or bank transfer on receipt of the invoice.
5.6 In the event that the Service Provider is in charge of the "electrical energy" part, the Customer shall refrain from opening the appliances, opening the electrical cabinets and making any electrical connections unless the Service Provider has given its prior express written agreement. The Service Provider declines, whatever the cause, all liability in the event of non-compliance with this provision.
In the event that the Client is in charge of electrical energy, the Client is responsible for connecting the Service Provider's Equipment to an electrical source and for checking the electrical power requirements of the various service providers prior to the rental.
ARTICLE 6 - RETURN AND RETENTION OF EQUIPMENT
6.1 The Service Provider shall take back the Material in accordance with the Delivery and Take-Back Schedule. In the event that the take-back is not possible on the day or at the time specified in the Delivery Schedule, the party preventing the take-back of the Material shall inform the other party as soon as it becomes aware of the impediment.
6.2 The Customer's retention of the Equipment beyond the planned takeover date shall automatically entail an immobilisation penalty to be paid by the Customer of 30% of the total amount (including VAT) of the Order per day of immobilisation from the day after the planned takeover date up to and including the actual takeover date. This penalty shall be payable by cheque or bank transfer on receipt of the invoice. In addition to this indemnity, a claim for damages and interest may be made to compensate for the loss actually suffered by the Service Provider as a result of the Customer's retention of the Equipment made available. In addition, and without prior formal notice, the Service Provider may repossess the Equipment by any legal means.
ARTICLE 7 - INTELLECTUAL PROPERTY AND IMAGE RIGHTS
7.1 No intellectual property rights are transferred in the course of the execution of the Order, unless otherwise agreed in writing.
Consequently, the Customer only acquires a right of use, within the framework of the rental, of creations, inventions, studies, drawings, prototype models, etc... in relation to the Rented Equipment. Any reproduction or exploitation of said creations, inventions, studies, drawings, models, etc... is prohibited.
The Client undertakes not to exploit through the intermediary of another service provider the recommendations or original ideas proposed by the Service Provider.
Any software packages and software that may be installed by the Service Provider for the proper performance of the Order are and shall remain the sole and entire property of the Service Provider. Consequently, the Client undertakes not to use the software packages and software installed for purposes other than the purpose of the Order, and to return them to the Service Provider at the end of the Order. Under no circumstances may copies or transfers of the software and software packages be made without the Service Provider's express prior written authorisation, the Client recognising that only the Service Provider holds the copyright and all economic rights, i.e. representation rights, reproduction and adaptation rights in any form whatsoever relating to the said software, software packages, programs, etc...
7.2 Unless otherwise agreed in writing, the Customer authorises the Service Provider to take photographs and videos, both indoor and outdoor, and aerial shots of the Equipment. The Service Provider undertakes to comply with the provisions relating to respect for privacy and to obtain, where appropriate, the Client's or its guests' permission for any image in which the Client or one of its guests is identifiable. The Client authorises the Service Provider (i) to use the logo of the Client or the company it represents and (ii) to reproduce this logo on the Service Provider's website and on its commercial documents for marketing and communication purposes.
ARTICLE 8 - LIABILITY
8.1 Professional and business liability insurance of the Service Provider
The Service Provider declares that it has taken out a civil and professional insurance policy covering material and physical damage that a third party may suffer as a result of the Service Provider's intervention.
8.2 Customer liability insurance
If the Customer is a professional, he declares to be insured for professional civil liability and exploitation.
If the Customer is a private individual, he undertakes to contact his insurer in order to extend, if necessary, the scope of his liability insurance contract to cover the rental.
At the Service Provider's request, the Customer shall provide the Service Provider with its Table of Benefits and a certificate of insurance as soon as possible. The Service Provider reserves the right not to proceed with the delivery if the Client does not provide the insurance certificate.
8.3 Damage to Persons
In the case of damage caused to persons by the Equipment, the costs relating to such damage may not be compensated for by non-payment of the rental price by the Customer.
8.4 Damage to Rental Equipment
From the time of delivery of the Equipment and until it is taken back, the Customer is solely responsible for the custody of the Equipment and undertakes to take all necessary care of the Equipment in order to return it in its original condition. In particular, the Customer undertakes to keep the Equipment in safe custody to prevent any theft.
The indemnity referred to as "insurance" in the Order is provided for in return for the Service Provider taking responsibility for certain damage to the Equipment during the rental period. This payment is subject to the terms and conditions of the insurance contract taken out by the Service Provider. These conditions may be communicated by the Service Provider at the Customer's request. If the Service Provider's insurance is triggered for damage to the Equipment during the rental period, the Customer will be invoiced an indemnity of 500 euros in return for the deductible paid by the Service Provider.
Any damage not covered by the Service Provider's insurance shall be paid by the Client or his insurer.
8.5 The total price of the Order shall remain due even in the event of non-use of the Equipment due to strikes, power failure, hurricanes, gusts of strong wind, storms, snowfall or any other event of force majeure occurring once the Equipment has been installed or if the installation already installed becomes unusable due to the damage suffered, or if administrative prohibitions are imposed.
In the event of the total or partial destruction of the Equipment in the custody of the Customer caused by a fortuitous event or force majeure or any other cause beyond the control of the Service Provider, the full amount of the rental will remain due by the Customer and no refund will be required.
8.6 Limitation of the Service Provider's liability
The Service Provider undertakes to use all the means at its disposal for the proper performance of the services to which it is committed, it being specified that the Service Provider is only bound by an obligation of means.
Regardless of the basis of the Service Provider's liability, it is limited to the amount actually paid by the Client for the rental. Any implementation by the Client of the Service Provider's liability must be the subject of a registered letter with acknowledgement of receipt sent within one year of the alleged non-performance at the latest. This dispute must be precisely motivated. Failure to do so shall constitute a waiver by the Client to invoke the Service Provider's liability. The Service Provider shall in no event be liable to the Client or to any third party for any indirect damage, in particular loss of business, loss of customers, commercial loss or damage to the brand image, resulting from the Equipment or the rental of the Services.
ARTICLE 9 - SUBCONTRACTING
Within the framework of the realization of the lease, the partial or total recourse to subcontracting is authorized. The Client is furthermore informed that the Service Provider works with a network of partners and is in principle not the owner of the Rental Goods.
In the event of damage caused by a subcontractor, the liability of that subcontractor shall be pursued directly by the party suffering the damage, to the exclusion of the party who subcontracted, who shall not be held liable in solidum.
ARTICLE 10 - MISCELLANEOUS
10.1 Parties that are legal entities shall elect domicile at their respective registered offices. If the Customer is a natural person, it shall elect domicile at the billing address communicated to the Service Provider.
10.2 The validity of the GTC is subject to French law.
Any dispute arising from the operations referred to herein, even in the event of multiple defenders or appeal in warranty, will be submitted to the competent court within the jurisdiction of the Paris Court of Appeal.
APPENDIX: POSTPONEMENT, WEDDING CANCELLATION AND PRIVATE EVENTS INSURANCE ATAWA
The amount of the postponement cancellation insurance for weddings and private events is 5% of the total amount of the reservation. The insurance is optional, it must be added at the validation of your event. It is not possible to take it at a later date. It allows you to have access to the following special conditions:
Postponements up to 10 days before the start date :
The 1st Deferral is free of charge. As from the 2nd postponement, a flat rate of 500 € per postponement will be granted.
(For any postponement, changes in the price of equipment, transport and technical costs related to your event may apply due to the change of location, or the unavailability of the original equipment).
Cancellation in the event of a ban on regional gatherings up to 5 days prior to the start date:
In the event of a regional gathering ban corresponding to your number of guests, you can cancel your event.
A flat rate of 10% of the amount of the reservation will be charged.
(For all cancellations, the package does not take into account specific purchases related to your event (e.g. carpet, consumables, custom-made products). These purchases are mentioned in the quotation).
Cancellation outside the regional ban up to 10 days prior to the start date :
If there is no regional ban and you wish to cancel your event, a flat rate of 35% of the amount of the reservation will be charged.
(For all cancellations, the package does not take into account specific purchases related to your event (e.g. carpet, consumables, custom-made products). These purchases are mentioned in the quotation).
Postponement or cancellation within 10 days of the delivery date :
The full benefit is due.
Updated on November 10, 2020.