General Terms and Conditions CineRental

Article 1 - Definitions and Applicability

1. These general terms and conditions apply to every offer, quotation, rental, service, and agreement between CineRental, operated by Tom Knol, registered at Piet Heinstraat 12, 7511JE Enschede, The Netherlands, Chamber of Commerce number 65338782, VAT number NL002280848B66, hereinafter referred to as "CineRental", and any natural or legal person with whom CineRental enters into an agreement, hereinafter referred to as the "Client", unless explicitly agreed otherwise in writing.
2. These terms apply to the rental of equipment and to any related services provided by CineRental.
3. "Equipment" means all items made available by CineRental to the Client, including but not limited to cameras, lenses, lighting, audio equipment, monitors, grip, accessories, batteries, chargers, cases, storage media, cables, and any related components.
4. "Rental Period" means the agreed period during which the Equipment is made available to the Client. Unless agreed otherwise in writing, one rental day starts at 6:00 AM and ends 24 hours later.
5. The applicability of any terms and conditions of the Client is expressly excluded.
6. If any provision of these terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a provision that reflects the original intent as closely as possible.

Article 2 - Offers, Quotations and Agreements

1. All offers and quotations issued by CineRental are non-binding unless explicitly stated otherwise in writing.
2. An offer or quotation expires if the relevant Equipment is no longer available at the time the Client accepts the offer.
3. CineRental cannot be held to an offer or quotation if the Client could reasonably understand that it, or any part of it, contains an obvious mistake, clerical error, or pricing error.
4. A quotation for multiple items or services does not oblige CineRental to supply part of the order at a proportional part of the quoted price.
5. An agreement is only concluded once CineRental has confirmed the booking, order, or reservation in writing, or once CineRental has started performance of the agreement.

Article 3 - Reservations, Availability, Pickup and Return

1. All reservations are subject to availability.
2. Pickup and return are by appointment only, unless agreed otherwise in writing.
3. The Client must collect and return the Equipment at the agreed time and location.
4. If the Equipment is not returned on time, CineRental is entitled to charge additional rental fees for each commenced rental day, without prejudice to its right to claim further damages.
5. The Client is not entitled to extend the Rental Period without prior written approval from CineRental.
6. If the Client fails to return the Equipment on time, CineRental is entitled to repossess the Equipment immediately. All related costs shall be borne by the Client.

Article 4 - Inspection, Use and Responsibilities of the Client

1. The Client must inspect the Equipment upon pickup or delivery and verify that it is complete, in good working order, and suitable for the intended use.
2. Any visible defects, missing items, or complaints must be reported to CineRental immediately and in any event before the Equipment is used.
3. If the Client uses the Equipment, this shall constitute acceptance that the Equipment was received in good condition and complete, unless the Client reported otherwise in accordance with paragraph 2 of this article.
4. The Client shall use the Equipment carefully, professionally, and only for its intended purpose.
5. The Client shall ensure that the Equipment is only used by competent persons with the necessary knowledge and experience.
6. The Client is not permitted to sublet, lend, pledge, transfer, or otherwise make the Equipment available to any third party without prior written consent from CineRental.
7. The Client shall transport, store, and use the Equipment in a proper and professional manner, and always in suitable protective cases where applicable.
8. The Client is fully responsible for the Equipment from the moment of pickup or delivery until the moment CineRental has inspected and accepted the returned Equipment.

Article 5 - Damage, Loss and Theft

1. The Client is fully liable for any loss, theft, disappearance, damage, or depreciation of the Equipment occurring during the Rental Period, regardless of cause, except to the extent that the damage is the direct result of proven intent or gross negligence on the part of CineRental.
2. In the event of loss, theft, or damage, the Client must notify CineRental immediately and in any case within 24 hours after discovery.
3. In the event of theft, vandalism, or other criminal conduct, the Client must file a police report without delay and provide CineRental with a copy as soon as possible.
4. The Client must fully cooperate with CineRental and any insurer in relation to any claim, investigation, or settlement.
5. In case of loss or irreparable damage, the Client is liable for the replacement value of the Equipment, as determined by CineRental.
6. In case of repairable damage, the Client is liable for all repair costs, testing costs, cleaning costs, transport costs, and any loss of rental income caused by the damage.
7. Missing accessories, parts, cables, batteries, media, or cases may be charged separately.

Article 6 - Insurance and Unattended Equipment

1. Any insurance maintained by CineRental does not release the Client from liability under these terms.
2. If CineRental's insurance covers a claim, any deductible, uninsured portion, excluded amount, or amount not reimbursed by the insurer shall be borne by the Client.
3. The deductible charged to the Client may range from a minimum of EUR 1,000 up to EUR 3,750 or more, depending on the nature of the incident, policy conditions, and insurer assessment.
4. If a claim is rejected, excluded, or only partially covered, the Client remains fully liable for all resulting loss and damage.
5. Equipment left unattended, unsecured, or visible in a vehicle is entirely at the Client's own risk.
6. Equipment may only be left in a vehicle outside active use if the vehicle is properly locked and located in a secure environment and, at minimum, fitted with an audible alarm system meeting class 2 Kiwa SCM standards, if and to the extent required for insurance coverage.
7. If the applicable insurance conditions are not met, theft and related loss are excluded from coverage and shall be fully borne by the Client.

Article 7 - Liability of CineRental

1. CineRental shall use reasonable care in preparing and providing the Equipment.
2. CineRental is not liable for indirect damage, consequential damage, loss of profit, loss of revenue, loss of production time, missed recordings, reshoot costs, replacement crew costs, travel costs, data loss, or any other business or commercial loss suffered by the Client.
3. CineRental is not liable for damage resulting from incorrect, unsafe, or improper use of the Equipment by the Client or third parties.
4. If Equipment fails during use, CineRental's liability shall in all cases be limited to the rental fee actually paid for the specific item concerned during the relevant Rental Period, unless mandatory law provides otherwise.
5. CineRental does not guarantee that the Equipment is uninterruptedly free from defects or suitable for every specific production, workflow, software environment, or recording purpose of the Client.
6. CineRental is not liable for loss of or damage to data, footage, recordings, or files stored on media used in connection with the Equipment.

Article 8 - Payment, Deposit and Collection Costs

1. Unless agreed otherwise in writing, invoices issued by CineRental must be paid within 14 calendar days from the invoice date.
2. CineRental may require full or partial payment in advance, including for first-time clients, high-value rentals, short-notice bookings, or where CineRental considers this reasonably necessary.
3. CineRental is entitled to require a deposit before or during the Rental Period.
4. Any deposit may be used to offset unpaid invoices, late return charges, repair costs, cleaning costs, missing items, deductibles, or any other amounts owed by the Client.
5. If the Client fails to pay within the agreed payment term, the Client shall be in default by operation of law, without further notice of default being required where permitted by law.
6. In that event, CineRental is entitled to charge statutory interest and to recover all judicial and extrajudicial collection costs, as well as any other reasonable costs incurred in collecting the outstanding amount.
7. CineRental is entitled to suspend future rentals, deliveries, or services until all outstanding amounts have been paid in full.

Article 9 - Cancellation

1. A reservation may only be cancelled in writing.
2. If the Client cancels within 24 hours before the agreed start of the Rental Period, CineRental is entitled to charge 50 percent of the agreed rental fee.
3. If the Client fails to appear at the agreed pickup time without timely cancellation, CineRental is entitled to charge the full agreed rental fee.
4. If CineRental has incurred specific third-party costs, preparation costs, transport costs, or reserved custom equipment for the Client, such costs may also be charged in full.
5. Cancellation does not affect the Client's obligation to pay for amounts already due in respect of completed rental days, delivered services, damage, loss, missing items, or other costs chargeable under the agreement.

Article 10 - Identification, Verification and Privacy

1. Before the rental takes effect, the Client must provide valid identification and any verification documents reasonably requested by CineRental, including a recent bank statement not older than 14 days.
2. CineRental may refuse to hand over Equipment if the requested identification or verification documents are not provided, appear unreliable, or do not match the booking details.
3. CineRental may retain and store identification, agreement, and verification data insofar as necessary for identity verification, fraud prevention, contract administration, insurance requirements, legal compliance, and dispute handling.
4. Personal data shall be processed in accordance with applicable privacy laws and CineRental's privacy policy.

Article 11 - Third-Party or Collaborator Equipment

1. CineRental may rent out Equipment that is owned by third-party collaborators or partners affiliated with CineRental.
2. Pickup and return of such Equipment may take place at the address of the relevant collaborator or partner.
3. Even where pickup or return takes place via a collaborator or partner, the agreement remains between the Client and CineRental unless explicitly agreed otherwise in writing.
4. The Client agrees that relevant booking and contact details may be shared with the relevant collaborator or partner to the extent necessary for the execution of the agreement.
5. All Equipment supplied through collaborators or partners remains subject to these same terms and conditions.

Article 12 - Applicable Law and Jurisdiction

1. All agreements between CineRental and the Client are governed exclusively by Dutch law.
2. Any disputes arising out of or in connection with an agreement between CineRental and the Client shall be submitted to the competent court in the district where CineRental is established, unless mandatory law provides otherwise.