Article 1 - Applicability of rental conditions
§1.1 The rental conditions apply to all agreements or quotations from TomPie Partyverhuur BVBA, whatever their name is.
§1.2 All other terms and conditions, such as counterparty's own terms and conditions, do not apply to the aforementioned agreements, even though the relevant counterparty has explicitly referred to them.
§1.3 Deviations from and / or additions to the agreement and / or any provision from the rental conditions are only valid if and insofar as they are explicit have been agreed in writing and relate solely to the concerning agreement. If such a deviation or supplement is tolerated by TomPie Partyverhuur BVBA, it will have no precedent effect and the Other Party cannot derive any rights from it for any future agreements.
Article 2 - Conclusion of agreements
§2.1 An agreement is concluded after TomPie Partyverhuur BVBA has accepted an assignment or an order in writing or via e-mail, respectively confirmed in writing or via e-mail.
§2.2 If after the conclusion of the agreement additional agreements are made by the parties, these will only apply after written confirmation by TomPie Partyverhuur BVBA.
§2.3 Minor deviations from the agreement by TomPie Partyverhuur BVBA are permissible if and insofar as the other party has not made a written statement of its essential requirements prior to the conclusion of the agreement and insofar as the performance to be delivered by TomPie Partyverhuur BVBA deviations does not become substantially different.
§2.4 Only if the other party demonstrates that the goods deviate from the agreement and / or the data provided by TomPie Partyverhuur BVBA in such a way that the other party can no longer reasonably be obliged to perform, the other party has the right to terminate the agreement. However, TomPie Partyverhuur BVBA is under no circumstances liable for any compensation.
§2.5 An agreement ends when the agreed rental period has expired.
Article 3 - Reservation and cancellation
§3.1 It is possible to reserve items for rent at TomPie Partyverhuur BVBA. At the conclusion of the agreement, the time and the period to which the reservation relates are recorded. If the other party does not purchase the reserved items at the agreed time and for the agreed period, the other party is nevertheless obliged to pay the full rental price.
§3.2 In case of cancellation of the reservation, the reservation costs will be charged by TomPie Partyverhuur BVBA. These amount to 60% of the total amount if they occur less than 14 days from the rental date.
Article 4 - Deposit
§4.1 The tenant must pay a deposit per rental agreement unless otherwise agreed in writing. This deposit is determined by TomPie Partyverhuur BVBA in proportion to the stated rental period and the value of the rented property.
§4.2 In the event that the tenant wishes to extend the lease period, the tenant must pay a new deposit at the latest on the day of extension of the lease period. If the renter does not pay the fixed deposit or late, TomPie Partyverhuur BVBA may unilaterally terminate the lease, without prejudice to the right to compensation.
§4.3 The tenant cannot and may not consider the deposit as an advance on the agreed rental price.
§4.4 TomPie Partyverhuur BVBA may, at the end of the lease, settle the deposit with any part of the rent still outstanding.
Article 5 - Rental periods
§5.1 All items are rented for at least 1 day, even if the tenant returns the item within 1 day (24 hours).
§5.2 Collecting and returning the rented items is only possible at pre-agreed times.
Article 6 - Risk for the tenant and obligations of the tenant
§6.1 The goods are entirely at the risk of the tenant from the moment the tenant has received the goods. The tenant is obliged to take the necessary safety and care measures during use.
§6.2 If necessary, the tenant must take care of obtaining any necessary permits and exemptions for the use of the rented property.
§6.3 Any damage resulting from the lack of permissions, permits and exemptions is entirely at the expense of the tenant.
§6.4 Sub-leasing and making available to third parties by the tenant may only be done with written permission from TomPie Partyverhuur BVBA.
§6.5 When collecting the rented items, the lessee must be able to identify himself with one of the aforementioned proof of identity (passport / driver's license / identity card), the validity of which has not expired.
§6.6 All disputes arising as a result of, or arising from, an agreement concluded with TomPie Partyverhuur BVBA, will be decided by TomPie Partyverhuur BVBA at the discretion of the competent court in the district of the registered office of TomPie Partyverhuur BVBA.
Article 7 - Collection and delivery & dismantling and dismantling of the rented equipment
§7.1 TomPie Partyverhuur BVBA can also deliver the rented products on location for reimbursement of transport costs.
§7.2 The tenant determines the place where the rented property is established. He investigates whether and guarantees that the rented property can be established safely and without damage to other people's property and / or infringement of other people's rights. He informs TomPie Partyverhuur BVBA about the presence of pipes, cables, pipes and other works on or in the ground. The area on which the rented property must be placed must be horizontal and leveled.
§7.3 TomPie Partyverhuur BVBA may require the tenant to designate a different location if the location designated by the tenant appears unsuitable and / or unsafe and / or not without risk of damage. The use of this power by TomPie Partyverhuur BVBA cannot be invoked by the tenant against TomPie Partyverhuur BVBA.
§7.4 The tenant guarantees that on the day that has been agreed by TomPie Partyverhuur BVBA for the delivery and / or assembly of the rented property, the site in question is completely free and cleared and can be reached easily. (Free from stairs, floors etc.)
§7.5 Provisions that are required for all this by the tenant are entirely at his expense.
§7.6 Damage to the land and / or buildings, pipes, tubes or other objects on or in the ground as a result of placing and keeping the rented property in place shall remain at the expense of the tenant.
§7.7 TomPie Partyverhuur BVBA reserves the right to terminate the lease at any time and, without judicial intervention, to retrieve the goods, wherever they may be. All resulting costs are charged to the customer. Moreover, the rent remains due until the goods are back in the warehouse of TomPie Partyverhuur BVBA.
§7.8 If TomPie Partyverhuur BVBA brings or collects material, TomPie Partyverhuur BVBA will tolerate a maximum waiting time of ¼ hour at the agreed contact time. Additional waiting time is charged. If the site is difficult to reach, the costs will also be charged for this.
Article 8 - Damage / loss
§8.1 Damage to rented items must be reported to TomPie Partyverhuur BVBA immediately after discovery, but at the latest within 48 hours after the occurrence of the damage.
§8.2 The tenant is liable for damage to the rented goods of whatever nature, whereby the costs, including the costs of repair, are borne by the tenant.
§8.3 The rented material must always be returned to TomPie Partyverhuur BVBA in the same condition. If the material is not clean or not sorted according to its original condition, the maintenance costs will be borne by the tenant.
§8.4 In the event of an estimated damage of more than € 500, the tenant agrees in advance that an expertise will be carried out at his own expense by an expert agency to be designated by TomPie Partyverhuur BVBA.
§8.5 With an estimated damage below € 500, the expertise will be carried out by TomPie Partyverhuur BVBA itself. All costs related to the expertise for determining the damage are directly borne by the tenant.
§8.6 In the event of theft and / or loss, the tenant must pay both the agreed rental price and the replacement value of the rented property.
§8.7 Damage to third parties, whether or not caused by the rented items, is entirely for the account of the tenant. It is wise that an event insurance policy is taken out by the tenant.
§8.8 To prevent problems, the tenant must check this immediately after receiving the rented property and if there are defects, shortcomings or other complaints, the tenant must immediately report this to TomPie Partyverhuur BVBA.
Article 9 - Risk of loading / unloading
§9.1 During the entire rental period, the tenant bears the risk of loss or damage to the rented items, including during transport that is carried out by himself.
§9.2 The tenant is obliged to package and load the rented goods in accordance with the nature of the goods and the method of transport.
§9.3 It is possible to have the rented goods delivered and placed by TomPie Partyverhuur BVBA. If desired, an appointment must be made separately for this. There are costs associated with the delivery and placement by TomPie Partyverhuur BVBA.
Article 10 - Return
§10.1 If rented goods are returned after the agreed rental period has expired, the tenant is immediately legally in default, and the tenant forfeits an immediately due and payable penalty of twice the rent. In addition, TomPie Partyverhuur BVBA reserves the right to recover from the tenant all damage that it suffers as a result of the late return of the rented item (s).
§10.2 The rented items must be returned in the condition they were in when they were received by the tenant. If, after the return, it appears that goods are damaged or have not been properly cleaned, the damage that TomPie Partyverhuur BVBA suffers as a result and the costs that TomPie Partyverhuur BVBA must incur as a result will be borne by the tenant.
Article 11 - Payment
§11.1 Payment of the agreed rental price takes place upon collection of the goods or upon delivery / placement of the rented goods.
§11.2 All payments must be made in cash unless otherwise agreed in writing.
§11.3 In case TomPie Partyverhuur BVBA and the tenant have agreed that payment will be made by paying the invoices sent by TomPie Partyverhuur BVBA, the tenant will pay the invoices within fourteen days after the invoice date, failing which the tenant will legally and without further notice of default. is in default.
§11.4 If the tenant is legally in default, TomPie Partyverhuur BVBA is entitled to a reimbursement of the statutory interest and also to all judicial and extrajudicial costs related to the collection of its claim, without prejudice to the right of TomPie Partyverhuur BVBA to the agreed rent.
§11.5 In the event of disputes about an agreement, the tenant will inform TomPie Partyverhuur by registered letter within 14 days of the date of the agreement. TomPie Partyverhuur will then offer a response to the tenant within 14 days of receiving the registered letter.
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