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General rental conditions
The rental agreement is concluded between Renmo Estonia OÜ (hereinafter referred to as the Lessor) and the lessee (hereinafter referred to as the Lessee), hereinafter collectively referred to as the Parties and separately as the Party.
- Device
1.1 The Parties enter into this Lease Agreement (hereinafter referred to as the Agreement) as follows.
1.2 The subject matter of the Agreement is the provision by the Lessor to the Lessee of the use of the equipment or equipment (hereinafter referred to as the Equipment) for a fee.
1.3 The Lessor confirms that it is the owner of the Device and has unlimited right of disposal over the Device and that no third party has any rights to use the Device that may prevent the Lessee from using the Device.
1.4 The contract is deemed to be concluded upon payment of the rental fee via renmo.eu or Renmo mobile app. By making the payment, the renter confirms that he has read and accepted the terms and conditions of the equipment rental. - Rewards
2.1 The Parties agree that the Renter shall pay a Rental Fee for the use of the Equipment, the amount of which shall depend on the nature of the Equipment and the length of the rental period.
2.2 The Rental Fee does not include the costs of transport, assembly/disassembly of the Equipment and the costs of fuel, lubricants and other daily maintenance.
2.3 The rental payment must be made to the Lessor via the Renmo online or mobile platform. - Obligations of the tenant
3.1:
3.1.1. use the Device in a prudent manner, avoid damage to the Device and use the Device in accordance with applicable laws;
3.1.2. use the Device in accordance with its intended purpose, unless otherwise agreed by the parties;
3.1.3. thoroughly familiarise themselves with the technical data, principles of operation and instructions for use of the Device;
3.1.4. have the necessary skills and authorisations to use the Equipment;
3.1.5. to inform the Lessor immediately of any circumstances that affect or may significantly affect the use of the Equipment or of any other circumstances in which the Lessor as the owner of the Equipment may have an interest;
3.1.6. inspect the equipment before use to ensure that it is in good working order or free from defects;
3.1.7. not to give the Device into the possession or use of third parties;
3.1.8. remedy a minor deficiency, if the Renter can reasonably be expected to do so. The Lessee may, at its own expense, remedy a defect that prevents the use of the Equipment, provided that the Lessor agrees to remedy the defect and to reimburse the Lessor for the costs;
3.1.9. in the event of defects or impediments to use, the Lessee is obliged to immediately notify the Lessor in a reproducible form and to take measures to mitigate the damage and preserve the Equipment;
3.1.10. return the Equipment at least as clean and in the same condition as it was at the time of delivery to the Renter, unless otherwise agreed by the Parties in a form that can be reproduced in writing. In the event that the Equipment has not been properly cleaned or packaged upon return, the Lessor shall be entitled to claim compensation from the Lessee;
3.1.11. use all reasonable endeavours to ensure that the Device or its documents do not fall into the possession of unauthorised third parties;
3.1.12. compensate the Lessor for any damage caused to the Equipment during the entire rental period in the event of damage to or destruction of the Equipment and if the Lessee has not concluded a Renmo Risk Protection Agreement. If the Contract places the risk of certain circumstances occurring on the Renter, the Renter shall be liable even if the Renter was not at fault in causing the damage;
3.1.13. to compensate the Lessor for the value of the Equipment if in the event of theft, robbery, loss or any other circumstance it is impossible to return the Equipment;
3.1.14. return the Equipment to the Renmo dispatch point at the end of the rental period or provide the option to return the Equipment by courier;
3.1.15. compensate for any additional costs (damages) in connection therewith if the Lessee fails to return the Equipment at the agreed time and/or place, unless the Lessee has notified the Lessor of the failure to return the Equipment on time and the Lessor has agreed thereto at least in a form that can be reproduced in writing;
3.1.16. to withstand any work on the Equipment and any other influences necessary for the preservation of the Equipment, the remedying of defects, the prevention of damage or the elimination of its consequences.
3.1.17. agree to the publication of the arrears incurred in public registers of defaults and to third parties. - Lessor's obligations
4.1 The lessor undertakes:
4.1.1. to deliver to the Lessee at the agreed place the Equipment in a maintained, working condition, with the required documents, in the agreed configuration and condition, for the agreed time and period;
4.1.2. provide the Renter with access to the instructions for use of the Device;
4.1.3. accept the Equipment from the Renter at the agreed place and time after the end of the rental period;
4.1.4. ensure that the Equipment complies with all agreed conditions at the time of delivery to the Lessee;
4.1.5. notify the Lessee of any defects, specifications and instructions for use of the Equipment which the Lessor may reasonably be expected to notify;
4.1.6. provide the Lessee with the assistance that can reasonably be expected from the Lessor in the event that the Device cannot be used. If the Equipment cannot be used due to circumstances beyond the Renter's control, the Lessor shall not be liable or obliged to assist the Renter;
4.1.7. remedy within a reasonable time any defect in the Equipment which prevents the use of the Equipment, if the Equipment develops a defect during the term of the Agreement for which the Lessee is not responsible and which the Lessee is not required to remedy at its own expense, and if the Lessor can reasonably be expected to remedy the defect. - Transfer and return
5.1 The possession of the Equipment shall be transferred to the Lessee at the beginning of the rental period as stated in the order.
5.2 The Lessee undertakes to return the Equipment no later than at the end of the rental period specified in the order.
5.3 The Equipment shall be handed over to the Renter in accordance with the method chosen:
5.3.1. Delivery - The Equipment shall be delivered to the Renter by courier to the address specified by the Renter no later than the commencement of the Rental Period. The Equipment shall also be returned by a courier, who will collect the Equipment after the end of the Rental Period.
5.3.2 Follow-up Delivery - The Lessee picks up the Equipment and returns it to the Lessor's delivery point.
5.4. The Equipment shall only be issued to the Renter specified in the Agreement. The Lessor shall have the right to refuse to deliver the Equipment if the identity of the recipient does not match that of the Lessee or cannot be identified.
5.5 If the parties have not noted externally visible damages, defects, etc. of the Equipment in this Agreement or in the act of delivery and acceptance of the Equipment, the damages, defects, etc. noted upon return of the Equipment shall be deemed to have occurred during the rental period. - Limitations and liability
6.1 The Renter is prohibited from giving the equipment to third parties for use.
6.2 The Renter is obliged to use the Device in a prudent manner. The Renter shall be liable for wear and tear, damage to or destruction of the Equipment, unless such wear and tear, damage or destruction was a direct result of the normal and intended use of the Equipment.
6.3 The Lessee shall be fully and unconditionally responsible for the preservation of the Equipment from the time of taking possession of the Equipment from the Lessor, and the risk of accidental destruction or damage to the Equipment shall pass from the Lessor to the Lessee at the time of taking possession.
6.4 Destruction, loss of or damage to the Equipment for reasons beyond the Renter's control shall not reduce the liability described in the previous paragraph.
6.5 In the event that the Lessor discovers that the Equipment returned by the Lessee is damaged or defective beyond normal wear and tear and/or use, the Lessee shall be liable to reimburse the Lessor for the costs of remedying such wear and tear and/or damage.
6.6 If the Renter has additionally purchased Renmo Risk Insurance, the Renter shall only be liable to pay the excess specified in the Risk Insurance Contract in the event of damage to the Equipment.
6.7 The Lessor shall not be liable for any material damage caused by technical failure of the rented equipment.
6.8 In the event of failure to return the Equipment on time, the Lessor shall be entitled to claim from the Lessee a contractual penalty equal to twice the amount of the Rent for the period from the date of the obligation to return the Equipment until the return of the Equipment to the Lessor.
6.9 In the case of a Lessee who is a legal person, all members of the Board of Directors of the Lessee shall also be jointly and severally liable with the Lessee as natural persons for the payment of invoices and claims submitted by the Lessor. - Summary
7.1 The Lessee has the right to terminate the Contract by giving 3 days written notice.
7.2 The Lessor has the right to terminate the Contract by giving 3 days' written notice.
7.3 The Lessor shall have the right to terminate the Contract exceptionally if the Lessee is in arrears with the payment of the Rent for more than 3 days or if the Lessee commits a material breach of the Contract.
7.4 The Lessee has the right to terminate the Contract exceptionally if the Lessor has delayed the delivery of the Equipment for more than 1 day or if the Lessor commits a material breach of contract.
7.5 The Lessee shall return the Equipment to the Lessor no later than 1 day after termination of the Contract on any basis. The Contract shall not be renewed for a new rental period in any case due to failure to return the Equipment on time.
7.6 The Renter has the option to extend the rental period via the Renmo online or mobile platform before the end of the rental period.
7.7 The Lessee may not, for any reason or on any basis, detain the Unit or fail to return it to the Lessor after the end of the rental period. - Unquantifiable force
8.1 Non-performance or improper performance of the obligations of a Party shall not be considered a breach and shall be excusable if it was caused by circumstances that the Parties did not foresee or could not have foreseen at the time of the conclusion of the Agreement (force majeure). Force majeure is a circumstance beyond the control of a Party and which the Party could not reasonably have been expected to take into account or to avoid at the time of the conclusion of the Contract, or to overcome the hindrance or its consequences. Force Majeure shall be deemed to include, but not be limited to, flood, fire (unless caused by the Lessee), natural disaster, war, act of terrorism or strike which makes it impossible to perform or properly perform the Contract.
8.2 A Party whose performance of its obligations under the Agreement is prevented by force majeure shall immediately notify the other Party thereof. In the event of force majeure, the time limit for performance of the Contract shall be extended by the period during which the force majeure occurred.
8.3 In the event of force majeure, the Party shall immediately proceed to perform the Contract and prove the existence of force majeure.
8.4 The occurrence of force majeure does not relieve the Party from the obligation to take all possible measures to prevent or mitigate the damage.
8.5 For the purposes of the Contract, a change in the economic situation of the Party, bad weather, price increases, holidays, bankruptcy, or a bankruptcy notice or the securing of a lawsuit shall not be considered a Force Majeure. The existence of force majeure must be proved by the Party wishing to invoke it in order to be relieved of its liability under the law or the Contract for breach of the Contract. - Applicable law and jurisdiction
9.1 The Contract shall be governed by and construed in accordance with the laws of the Republic of Estonia.
9.2. Disputes arising from the Contract, which cannot be resolved through negotiations, shall be settled in Harju County Court. - Final provisions
10.1 The Parties shall act towards each other in the performance of the Contract on the basis of the principles of good faith and reasonableness, and shall take into account the interests of the other Party in all respects.
10.2 The Contract contains all the agreements of the Parties relating to the subject matter of the Contract and supersedes, from its entry into force, all oral and written agreements previously entered into between the Parties relating to the same subject matter of the Contract.
10.3 The Parties confirm that the Agreement corresponds to the actual intention of the Parties. The Parties declare that all terms and conditions of the Agreement have been negotiated and that each Party had the opportunity to influence the content of each provision of the Agreement. The Parties confirm that no provision of the Contract will unfairly prejudice any Party and that the rights and obligations of the Parties under the Contract are balanced.
10.4 The Parties confirm that they have notified the other Party of all facts in which the other Party has or may have, having regard to the purpose of the Agreement, a recognisable substantial interest, that the interests and rights of the other Party have been reasonably taken into account and that truthful information has been provided to the other Party.
10.5 Delay in the exercise of any right or performance of any obligation under the Contract shall not constitute a waiver of such right or release from such obligation, nor shall the partial exercise of any right or the partial performance of any obligation preclude the further exercise of such right or the right to require full performance of such obligation, unless otherwise provided in the Contract.
10.6 In the event of termination of the Agreement on any basis, those provisions of the Agreement which by their nature govern the rights and obligations of the Parties after termination of the Agreement shall survive termination of the Agreement.
10.7 Unless otherwise provided in the Contract, the Contract and the rights and obligations under it may not be assigned or transferred by a Party to a third party without the written consent of the other Parties.
10.8 In all matters not regulated by the Agreement, the Parties shall be guided by the law, good customs, established practice and practice.
10.9 Any modification to this Agreement shall be valid and of no force or effect unless it is in writing and signed by all the Parties or their duly authorised representatives.
10.10. Daily information transmitted by e-mail or telephone, which has no legal effect, shall be deemed to have been received without further acknowledgement. All important notices relating to the Contract shall be given in writing. Any claim for breach of the Agreement against the other Party shall be made in writing.
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