These terms and conditions apply to rental operations indicated in the web space, by phone or e-mail, and all rental operations are subject to Spanish legislation.
The contract is formalized between “the lessee”, also “the user” or “the client”, who always acts within the scope of a business or professional activity carried out in Spain, and Kachet Loxística S.A., hereinafter also “the lessor” with address in Vía Edison 19E 15890 Santiago de Compostela and tax ID A15422892.
By accepting the conditions of the rental contract, the user agrees with them along with the others mentioned above. In the event that the client is a company, whoever carries out the rental process declares to be authorized, with sufficient capacity and representation to enter into this agreement.
The rental object is the material owned by Kachet Loxística, S.A. which is listed on the delivery note, after the corresponding order has been placed. In no case, the lessee may assign, sell, give in part or guarantee, lend, sublet or dispose of all or part of the material without the prior consent of the owner.
Contractual duration: the contract begins on the day the equipment is delivered, as stated in the delivery note and which corresponds to the period of time established in the order-. It ends with its return and delivery to the lessor’s warehouse, unless otherwise agreed.
The early delivery of all or part of the leased material carries the payment of half the price paid for the days not consumed, unless otherwise provided by the lessor.
Failure to deliver on the agreed date and time will be considered abusive and will lead to the lessor to apply the corresponding supplement, which increases the daily rate by 50% for damages.
In the event that the client wishes to cancel a reservation and, in order to make the material available, he must notify it in writing more than 48 hours in advance of the agreed date. In the event that the cancellation is communicated with 48 hours or less regarding the delivery date and time, the client must pay 50% of the total rental price as compensation, which will be 100% of the total price in case of not communicating it to the lessor and not showing up on the start day of the requested rental.
The rental price, which includes applicable taxes, as detailed in the budget, is calculated based on the rental objects and the selected dates, based on the rate applied per day, with a price reduction as stated in the table contained herein, which may be revised without prior notice. It is possible that the client profits from special price conditions as long as the parties so agree in a particular way.
The client will be responsible for the maintenance and repair costs as a result of negligent use or its misuse, as well as any other damage suffered by the rented material provided that these are attributable to the client for misuse, maintenance and conservation during the term of the contract. In this case, the lessor will send an invoice with a corresponding breakdown and the client agrees to make the payment within 30 days.
The lessor reserves the right to charge the client for cleaning costs at market prices, in the event that the material delivered is received in conditions that require an extraordinary cleaning cost.
Form of payment. The form of payment of the rental materials object of contract will be bank transfer or letter of credit or debit, unless another form of payment is agreed between the parties. In the event that the client chooses the method of payment by letter of credit, he expressly authorizes the charge of the expenses incurred according to this contrat.
The billing will be carried out at the end of the contract, once the items that are the object of the contract have been delivered, their status checked and the corresponding supplements applied, thus all the expenses incurred will be reflected in the invoice.
The non-payment will entail a request for payment by Kachet Loxística S.A, and after 10 days, a delay interest equivalent to the legal interest of the money will accrue increased by 5 points on the amount owed and a 25% recharge, without prejudice to any other expense that could be derived from the judicial or extrajudicial claim of the amounts the client owes.
Obligations of the lessor:
• deliver the material duly identified, in optimal working conditions, at the agreed place, date and time, as stated in the order. All rental items as well as its status, will be reflected in the delivery note that will be signed by the person in charge of its picking up, certifiying his agreement with the order.
• make available to the client all the necessary documentation for the use and manintenance of the leased equipment, as well as the security measures applied during shipment, storage and operation, in the case of a product subject to specific diligence.
• have the coverage, insurance and permits that are legally required for the provision of their activity, both in relation to personal and third parties.
• make available to the customer replacement material of the same or higher category, in the event of breakdown or damage or if it is not possible to deliver the equipment requested. In the case that this replacement is not possible, the client will have the right to a full refund of the payment of that specific item in advance, the contract for the rest of leased materials will remain the same.
• inspect the material returned by the client within a period of non more than 10 days from its reception. After the mentioned deadline, compliance and good condition will be considered.
Obligations of the client:
• Either directly or through the person designated for the reception of the leased material, the client will be responsible for each and every one of the facts and circumstances arrising from the use of the rented material, provided they are not attributable to the lessor for non-compliance of the obligations recognized in this agreement.
• the client recognizes the duty of care and custody of the leased material, being fully responsible for the damages caused during the lease period.
• unless the delivery note specifies defects or any other type of limitation, it will be considered in good working order and with all the accessories required for its use according to the order placed.
• the client undertakes the use of the leased material by personnel with sufficient qualifications and whom he is responsible for, taking into account the characteristics of the place and environment where it will be used. In the event any type of breakdown or accident occurs, he will notify it to the lessor within a maximum period of 24 hours, indicating the damage produced and stating the date, time and place the incident occurred as well as a complete identification of the material and the insurance contracted.
• he is reponsible for the value of the leased material, which is specified in the delivery note and in case of theft or robbery, he is obliged to notify it to the lessor urgently and in writing.
• the client pays the price in accordance with what is stipulated in this agreement or in a particular way between the parties.
• he safeguards the material with good care and diligence, for that reason it should not be left unattended and with no surveillance. The client assumes that the necessary protection measures must be taken in order to keep the equipment in the same conditions as those in the moment of its picking.
• the client will not sell, modify or dispose of the equipment or any of its parts or allow a third party to do so, because it will be considered a contractual breach on his part and he will be liable for the damages caused by his lack of compliance.
Material and shipping.- the lessor will keep leased materials in perfect conditions. During the rental period the client must carry out the maintenance work as specified in their characteristics, although in any case custody and good use is requested in accordance with what is required by the regulations and by these conditions. Both, loading – at the time the client receives the material – and shipment and unloading – at the time of its return – are done under the client responsability and on his behalf.
The delivered equipment as well as its instructions, accessories, etc. must be returned, not only in good working order and conservation, but also in the same conditions as they were delivered, taking into account the wear inherent to use, and also in good state of cleanliness. The delivery of the material leads to inspection by the lessor, at the time of its reception, as far as possible, stating the existence of possible damage on the delivery note and for a period of 10 days from delivery. The delivery note signed by both parties will indicate the day and time of delivery, the status and the reservations considered, as well as any discrepancy berween who delivers it and who receives it. In the event that the material is not delivered on the scheduled date, the provisions of theses conditions will be followed.
Data processing.- Kachet Loxística, S.A. is the Responsible for the processing of the personal data of the Interested Party and is informed that these data will be treated in accordance with Regulation (UE) 2016/679 of the 27th of April of 2016 (RGPD) and other applicable regulations. This treatment will be carried out exclusively for the execution of the accepted lease, from the request to the execution, including the collection management. The data provided will be kept indefinitely for archiving purposes as long as there is a mutual interest to do so. It is not foreseen to communicate the data to third parties, except legal obligation, and if this is necessary for the execution of the order, the Interested Party will be previously informed. In the event the data is provided by a third party, he assumes the obligation to transfer the information abovementioned. The Interested Party is informed that they have the right to withdraw consent to process the data at any time and if this right is exercised, the contract must be terminated in the terms contained therein since data processing is essential for the execution of the contract. In the same way, you can also exercise the rights of access, rectification, deletion and portability of your data and those of limitation or opposition to treatment by contacting Kachet Loxística, S.A. Vía de Edison, 19E 15890 Santiago de Compostela. E-mail: email@example.com, and if you consider that the processing of personal data does not comply with current regulations, you also have the right to file a claim with the supervisory Authority (www.aepd.es). In any case, the Client authorizes Kachet Loxística S.A. to publish on the web and in advertising and marketing materials a general description of the type of services provided as a reference of its experience, including the name of the company or the commercial name.
Contract resolution.- The parties can agree to resolve this contract by mutual agreement, in such case, the produced lease periods will be settled as agreed herein, and once the lessor has received the leased equipment under the agreed conditions. In addition, the contract will be terminated due to the lessor non-compliance, without being able to claim any compensation for consequential damage or lost profits, and for the client breach, in accordance with the obligations recognized in this contract. In any case, the contract resolution implies prior notice by the parties, and regarding the contract period, the lessee is obliged to immediately put the equipment in possession of the lessor.
Jurisdiction.- The parties voluntarily agree to submit to the courts and tribunals that correspond to the lessor's address, expressly waiving their own jurisdiction, to cancel the conflicts that arise in the scope of this contractual relationship.