GENERAL TERMS AND CONDITIONS
Lottirose Limited Liability Company (headquarters: 1174 Budapest Risztics János utca /2; tax number: 27901148-1-42;), as lessor (hereafter: „Lessor”) rents out the equipment shown on https://lottirose.com/rent-baby-equipment/ at the price indicated on the site, after Lesee agrees to present general terms and conditions (herafter: GTC) and signs the contract.
Using the services can exclusively be possible by accepting GTC. Agreements that are signed based on this document will not be filed on paper, they are exclusively made electronically. They are not retrievable, they do not qualify as written documents, are written in English based on Hungarian regulations. They do not refer to any behavior codex although Lessor considers them fully obligatory and respectable in accordance with 2008. XLVII. on unfair treatment of customers. Present GTC is accessible at all times at https://lottirose.com
1. Definitions
Rented equipment: equipment and their accessories listed on https://lottirose.com
Lessee: a domestic or foreign, natural or legal person signing the agreement with Lessor based on present GTC
User of rented equipment: any domestic or foreign natural person who uses the equipment in the name of the Lessee with the written consent of Lessor.
Theft: damage resulting from robbery or from arbitrary take-over and misuse, as well as any damage to the equipment during this period. Damage resulting from the theft of accessories or parts of the rented equipment is also considered here, even if the equipment was found but the damage was caused due to the attempted theft.
Conditions of use laid out in present GTC concerning the Lessee apply to the User of the rented equipment as well.
2. Selecting, collection, use and returning rented equipment
2.1. Lessee can select the equipment or the package of different equipment on https://lottirose.com/rent-baby-equipment where he has the chance to check prices of the equipment for the renting period of 24 hours as well as the technical description of the product.
2.2. The length of renting the equipment is indicated in the diary next to the item by the Lessee by choosing starting and ending dates.
2.3. Following selection of one or more equipment Lessee proceeds to registration where he/she provides billing address – and in case it is different from the billing address – address of collection. By signing present GTC and sending the electric confirmation of the order to Lessee, the agreement is made (‘Order’).
2.4. Lessee – following order – receives the invoice or the prepayment of request (depending on the method of payment) of the rental service within 24 hours.
2.5. The rental fee is to be paid in advance. Lessor is not obliged to hand over the rented equipment prior to receiving the rental fee.
2.6. Lessee is obliged to pay a deposit of €100 to Lessor. Lessor is obliged to repay the deposit after receiving the equipment back, in case the equipment is intact and – besides contamination due to normal use – in the condition he/she handed it over and it happens at the time given in the agreement.
2.7. The rented equipment will be picked up at the time and location chosen by Lessee, after payment of both the rental fee and the deposit.
2.8. Lessee is obliged to check the condition of the rented equipment upon collection. In case Lessee can notice any damage, disorder or deficiency on the equipment, he must notify Lessor’s employee immediately and make sure the damage, disorder or deficiency is recorded in either written form or any other way (e.g. a photo). Damage resulting from failure of reporting or recording it is paid by Lessee.
2.9. Lessee is obliged to use, handle or install the equipment in a vehicle according to the spoken description by the representative of Lessor or according to the user’s manual provided by the representative of Lessor.
2.10. During use of the rented equipment, Lessee is obliged to:
– obey all domestic and foreign legal provisions and regulations,
– use, handle and preserve the rented equipment and its accessories according to the user’s manual,
– preserve and handle with care all documents received with the rented equipment,
– protect the rented equipment in every possible way from theft. This means keeping it closed away when not in use for even the shortest period of time or if it needs to be left somewhere one should pay increased attention to the circumstances.
2.11. Lessor does not take responsibility for valuables stored in rented equipment.
2.12. The rented equipment must not be used
– for freight transport,
– exceeding the maximum loading weight indicated in the user’s manual,
– under the influence of alcohol, drugs or medication affecting senses in a negative way or letting somebody else in any of these conditions use it,
– abroad without the previous written consent of Lessor.
2.13. In case the Lessee uses the rented equipment for committing crime and the authorities confiscate it, it is considered serious breach of contract and is followed by immediate termination of the contract. After authorities annul confiscation of the rented equipment, Lessee has no right to use it. Lessee is obliged to pay the renting fee of the equipment to the date until authorities return it.
2.14. According to the section ’Time and place of handover as agreed’ in the contract, Lessee is obliged to return the rented equipment and its accessories in the same condition he received it – taking natural wear into consideration – in the place and at the time given.
2.15. In case Lessee misused the rented equipment or it is extremely dirty, making a complete cleaning necessary, all fees and damage deriving from it have to be paid by Lessee to Lessor.
3. Renting fee, other fees and deposit
3.1. The contract is concluded between Lessor and Lessee – unless otherwise provided by the parties – according to the fees indicated on the website.
3.2. In case Lessee pays for the rent by card, the accepted validity of the debit or credit card is no later than two months following the end of the renting period.
3.3. Upon signing the contract, Lessee is obliged to pay a deposit fixed in the fees, that serves as surety for any possible damages or liabilities caused by Lessee to Lessor. For the information of Lessee, the requested retail price of each of our products can be downloaded from https://lottirose.com/wp-content/uploads/2019/04/Price-list-Lottirose.pdf
3.4. Lessor is not obliged to pay the deposit back until there is any dispute concerning possible liabilities or damages caused by Lessee. Lessor is not obliged to pay interest on the deposit. In case there is significant damage to the product upon returning it (other than damages resulting from proper use), Lessor has the right to withdraw the amount of the deposit. Lessor is obliged to let Lessee know about price of repair and has to pay the remaining amount of the deposit back within 48 hours.
3.5. In case payment is done by card, the amount of the deposit is blocked on Lessee’s account with Lessee’s consent, following pre-authorization request. When unblocking the deposit – in case it is not used – Lessor sends a written authorization to the bank. Lessor has no further obligation than to authorize the bank to unblock the deposit.
3.6. The renting fee includes:
– compulsory maintenance (except for ones deriving from damages caused by Lessee) and maintenance due to everyday wear for example planned technical maintenance,
– cleaning that is resulted from proper use and wear,
– service fees set out in charges applicable.
4. The renting period, the right to withdraw
4.1. The minimum renting period is two days. One renting day consists of 24 hours that start at the time of collecting the rented equipment, set out in the contract – unless otherwise provided by the parties.
4.2. Lessee can request the lengthening of the renting period in writing at least 24 hours prior to the end of the original renting period. Lessor is not obliged to lengthen the rent.
4.3. In case Lessee breaches the GTC, or in case Lessee does not return the rented equipment within 24 hours after the end of the renting period without a reason, or in case Lessee does not pay his debt even after written notice from Lessor, and gives no reason to do so, Lessor has the right to immediately terminate the contract and take the rented equipment back, or take measures in order to get it back. In case of late return (more than 24 hours late) of the rented equipment, Lessor has the right to suppose embezzlement by Lessee, so Lessor has the right to press charges against Lessee and have a warrant issued for the rented equipment.
4.4. By filling out the attached Statement of Withdrawal and sending it to Lessor in e-mail within 7 days of making the agreement, Lessee can withdraw from the agreement. Upon starting the renting period, this right ceases to exist. Upon receiving the Statement of Withdrawal that was sent in time, Lessor is obliged to repay the fees to Lessee within 7 days.
5. Lessee’s liability
5.1. Lessee is obliged to pay for damages or incurred expenses in case of breaching the GTC even to the full purchase price of the rented equipment especially in the following cases:
– misuse, improper use or overloading the rented equipment,
– negligent keeping or storing of the rented equipment or leaving it somewhere,
– overloading the storage area of the rented equipment or damage to the storage area,
– damage that was caused to the rented equipment during the renting period
– any lack of accessories, parts or gears of the rented equipment,
– damage due to theft or partial theft of the rented equipment, its parts or accessories (in case the equipment was found),
– Any illegal activity or behavior of Lessee that excludes Lessor from the insurance or limits the conditions.
5.2. In case of theft (when the rented equipment is not found) Lessee is obliged to pay for the part of the purchase price that the insurance does not cover.
5.3. Taking any form of action against the taker and taking care of insurance is the responsibility and expense of Lessor.
6. Provisions concerning technical failure
6.1. In case of failure of the rented equipment – during proper use – Lessee is obliged to ask for provision from Lessor in connection with service or exchange of the equipment on the contact details provided in the contract.
6.2. In case the rented equipment cannot be fixed, Lessee has the right to request a replacement for the rest of the renting period as set out in 6.1. The replacement can be collected at a location and date that parties agree on.
7. Parties’ obligation to cooperate
7.1. In case of an accident including financial damage, Lessee is obliged to contact Lessor so that Lessor has the possibility to take necessary action.
8. Miscellaneous provisions
8.1. Lessor acknowledges that he handles Lessee’s data in accordance with prevailing legislation and in case it becomes necessary, he has the right to provide the concerning authorities with those data if asked to.
8.2. Lessor does not take responsibility for damage or disappearance of the valuables and objects that are placed in the rented equipment. He does not take responsibility for direct or indirect damages that are due to the malfunction of the rented equipment. Lessor is not liable for any damages that are a result of misuse of the rented equipment, either.
8.3. Present GTC is authoritative in questions not regulated in the individual renting contract between Lessor and Lessee. Lessor is obliged to provide Lessee with the regulations of present GTC.
8.4. In case of any kind of delay in payment, Lessee is obliged to pay a default interest based on Act V. of 2013 on Civil Code (Ptk.). In case Lessee is an entity, he is obliged to pay €40 as recovery cost. Lessor may change the order of accounting set out in Ptk.
8.5. In matters not regulated by the contract, the provisions of the Ptk. (Civil Code) shall prevail. In case of a legal dispute, parties specify exclusive jurisdiction of Budapest District Courts II. and III.
9. Cancellation policy:
In case of cancellation within 72 hours before the start of the rental period, 50% of the rental fee will be charged. The Lessor issues an online coupon for the amount, which amount can be redeemed within 6 months for the next rental. Alternatively, the Lessee may request a refund of 50% of the rental fee.
In case of cancellation within 24 hours before the start of the rental period, 100% of the rental fee will be charged.
Dated: Budapest, 2018.
Statement of withdrawal
(Fill in and send back to Lessor (help@lottirose.com) only in case you have the intention to withdraw or terminate the agreement.
Adressee: *
Undersigned I hereby state I wish to practice my right to withdraw from the agreement in connection with the following services: *
Date of signing the agreement/time of collection: *
Name of customer(s):
Address of customer(s):
Signature of customer(s): (only in case of a written agreement)
Date
