GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF GOODS
ID number: 08482471
Company headquarters: Kaprova 42/14, Staré Město, 110 00 Prague 1, the Czech Republic
(hereinafter referred to as “Lessor”)
1.1. These Terms and Conditions for the rental of goods (hereinafter referred to as “Terms and Conditions”) apply to all contracts relating to the rental of goods concluded between the Lessor and natural or legal persons as lessees (hereinafter referred to as “Lessees”).
1.2. These Terms and Conditions further define and specify the rights and obligations of the Lessor and the Lessee and are an integral part of all Contracts for the lease of an item and its accessories (hereinafter referred to as the “Contract”). The Contract is concluded in accordance with Sections 2201 et seq. of Act No. 89/2012 Coll., the Civil Code, as amended, and the purpose of the Contract is to enable the Lessee to use, for a fee, a certain item or set of items (hereinafter referred to as the “Subject of Lease”) owned by the Lessor for a short or medium term.
1.3. The wording of the Contract itself shall take precedence over the wording of these Terms and Conditions. These Terms and Conditions supplement the wording of the Contract itself and shall apply in particular in those areas of the legal relationship where the Contract lacks separate provisions.
2.1. The Lessor offers the lease of the Property and other related services to the Lessees through the website www.ootoolno.cz, through approved intermediaries and through the Lessor’s advertising materials (the “Offer”). The Offer shall be valid for the period and on the terms and conditions set out therein and the Landlord reserves the right to unilaterally amend or specify the specific terms of the Offer prior to the conclusion of the Contract.
2.2. The lease agreement is concluded via an electronic reservation form located on the website www.ootoolno.cz. The booking form includes a payment gateway through which the tenant pays the full price of the rent and any services. By submitting the Order Form to the Lessor, the Lessee confirms that it has fully read these Terms and Conditions and accepts and acknowledges them as terms and conditions and an integral part of the Rental Agreement. The Hirer shall fill in the details on the Booking Form fully and truthfully and no further or other changes shall be possible after the Booking Form has been submitted via the Booking Form. The Lessor reserves the unrestricted right to refuse the Booking Form, even without giving any reason.
2.3. After sending the offer and paying the total price of rent and services, the lessee will receive a confirmation e-mail describing, among other things, the method of handing over the subject of the lease to the lessee and handing over the subject of the lease to the lessor at the end of the lease.
2.4. If there are any typographical or numerical errors (in particular, apparently inadequate rental price and/or services) or other incorrect data or other discrepancies in the Offer, the Order, the Booking and/or the Booking Confirmation, the Lessor reserves the right to correct such errors or other discrepancies by itself or at the written request of the Lessee.
2.5. Unless otherwise agreed in the Contract, the Lessor is entitled to rent for the Subject of the lease for each day of the lease relationship.
2.6. The Client has the right to change the rental term to another term under the conditions set out below. This change of date by the client (hereinafter referred to as cancellation) must be made electronically to the email email@example.com. Cancellation terms of change if not agreed individually:
up to 30 days before arrival charged 0% of the total amount of the original dates,
29 – 14 days before arrival 50% of the total amount of the original date will be charged,
13 – 7 days before arrival 75% of the total amount of the original date will be charged,
less than 7 days before arrival 100% of the total amount of the original date will be charged.
3.1. The Lessor shall remain the owner of the Subject of the Lease for the entire term of the Lease and the Lessee shall not be entitled to demand the surrender or sale of the Subject of the Lease upon termination of the Lease.
3.2. The Lessee is obliged to pay all costs associated with the liquidation of damage incurred to the subject of the lease or in connection with its operation during the lease period, if it does not comply with the agreed General Terms and Conditions, Instructions for Use and does not comply with the general preventive obligation to prevent damage.
3.3. The Lessee is obliged to reimburse the Lessor in full for any damage caused to the Subject of the lease during the term of the contractual relationship.
3.4. The Lessor is obliged to maintain the Subject of the lease in a condition suitable for proper use throughout the duration of the contractual relationship. The Lessee is obliged to inform the Lessor without delay of any defects and damages to the Subject of Lease and to tolerate limitations of use to the extent necessary to carry out repairs to the Subject of Lease. If the Lessee violates this obligation, the Lessee shall be liable to the Lessor for damages caused by late notification of the defect.
3.5. The Lessor is entitled to require that the Subject of the lease be marked with a sign of its ownership throughout the term of the lease and to determine the manner of such marking.
3.6. The Lessee is not entitled to further lease the Subject of Lease or otherwise allow its use to a third party without the written consent of the Lessor, nor may the Lessee pledge the Subject of Lease to another and dispose of the Subject of Lease in a manner that would lead to the exclusion or limitation of the Lessor’s exclusive ownership rights.
3.7. The Lessee is obliged to use the Subject of Lease in the manner and to the extent determined by the nature of the equipment, technical conditions, operating instructions and relevant standards and regulations applicable to the operation of the Subject of Lease. The Lessee shall not be liable for normal wear and tear caused by the proper use of the Subject of Lease. The Lessor is obliged to explain the method of operation and maintenance of the Subject upon the Lessee’s request. In the event that the Lessee does not request such explanation from the Lessor, the Lessee shall be deemed to be duly aware of such procedures.
3.8. The Lessee may not make any modifications to the Subject without the prior consent of the Lessor. Nor shall the Lessee be entitled to claim from the Lessor compensation for the costs incurred for modifications to the Subject of the Lease made without the Lessor’s consent. The Lessor shall also be entitled to require the Lessee to remove the modifications to which it has not given its consent and to restore the Subject of Lease to its original condition, at the Lessee’s expense.
3.9. The Lessor shall have the right to inspect the condition and location of the Subject of Lease at any time upon prior notice to the Lessee. The Lessee agrees to allow the Lessor’s representative access to the Subject of the Lease and its inspection.
3.10. The Lessor is entitled to require the Lessee to pay a security deposit for the rent and any damages caused by the Lessee during the use of the Subject of the lease. The amount of the agreed security deposit will be recorded in the contract or reservation. Unless otherwise agreed, the security deposit is payable upon conclusion of the Contract. The security deposit will be returned to the Lessee within three days after handing over the Rental Subject to the Lessor and settling all obligations.
3.11. The Lessee is not entitled to move the subject of the lease or change its location.
4.1. The contract becomes confirmed and concluded when the landlord confirms the reservation and the tenant pays the total rental price.
4.2. The Contract shall terminate for the following reasons:
a) the expiry of the agreed lease term and the return of the Subject of the lease,
b) breach of the Lease Agreement, these Terms and Conditions by the Lessee
c) for reasons specified by law
4.3. The Lessor has the right to immediately terminate the Lease Agreement without notice if the Lessee damages the subject of the lease or uses it in violation of section 3.7. 3.7..
4.4. These Terms and Conditions within the meaning of § 1751 et seq. of the Civil Code regulate the procedure for concluding the contract, constitute the content of the contract and are an integral part of the lease contract concluded between the lessee and the lessor.
4.5. These Terms and Conditions may be supplemented and amended in full and without limitation by the Lessor in electronic form. In the event that such a change is made, the new version of the Terms and Conditions will be placed on the website of the Landlord www.ootoolno.cz and sent to the Tenant with whom the Booking process is in progress. The amendment to these Terms and Conditions shall take effect upon publication or delivery of the amended version to the Hirer. In the event of the Lessee’s disagreement with the published amendment to the Terms and Conditions, the Lessee shall notify the Lessor of such disagreement in writing within two days of the delivery of the amendment to the Terms and Conditions. The relationship between the Lessee and the Lessor and the resulting mutual rights, obligations and conditions shall be governed by the Terms and Conditions sent to the Lessee with the Booking.
4.6. If any particular provision of these Terms and Conditions is found to be invalid, it shall be fully severable from the other provisions of these Terms and Conditions and such invalidity shall not affect the validity and enforceability of any other provisions of these Terms and Conditions.
4.7. In other matters not covered by these Terms and Conditions, the Lessee and the Lessor undertake to comply with the laws of the Czech Republic.
These Terms and Conditions shall come into force and effect on 1 June 2021. 6. 2021.