General terms and conditions of rental

GENERAL RENTAL CONDITIONS

GENERAL RENTAL CONDITIONS

INTRODUCTORY ARTICLE - PURPOSE OF THE GENERAL RENTAL CONDITIONS

These General Rental Terms and Conditions (hereinafter referred to as the "GTC") apply to the rental of equipment (hereinafter referred to as the "Equipment") between Atawa (hereinafter referred to as the "Provider") and the client (hereinafter referred to as the "Client"), unless otherwise agreed.
The services included in the rental are agreed between the parties at the time of the order and may include the delivery of the Rental Goods, including outward transport and assembly, the provision of the Rental Goods, the collection of the Rental Goods, including dismantling and return transport, and any additional services agreed between the parties.

ARTICLE 1 - ACCEPTANCE OF THE GCC

1.1 Validation of an Atawa rental proposal by the Client in the Client's online space (Atawa-app.com system) automatically implies acceptance of the GTC.
1.2 Any validation of a proposal by any means other than the Atawa-app.com system shall result in the acceptance of the T&Cs, which are available in the Customer's online area and can be accessed from the email containing the Provider's proposal.
1.3 These T&Cs supersede any general terms and conditions of purchase or lease of the Customer.

ARTICLE 2 - FORMATION AND CANCELLATION OF THE ORDER

2.1 The Customer's validation of a proposal online shall result in the creation of an order (hereinafter the "Order") and the start of the process of checking the availability of the Equipment by the Provider.
If the Order is available at the end of the verification process, the Service Provider shall confirm the Order to the Customer by email.
In the event that the Equipment is not available, the Client will be notified and the Order will be cancelled at no cost to either party.
If equivalent Equipment is available, the Service Provider may offer such substitute Equipment to the Customer who shall have 48 hours to accept or reject the proposal. Acceptance of the equivalent Equipment by the Client shall result in confirmation of the Order. If the Client refuses or fails to respond within the time limit, the Order shall be cancelled at no cost to either party.
The Supplier shall not be liable for any damages in the event of a cancelled Order.
2.2 Any additional Orders placed after the initial Order shall be subject to the T&Cs and shall be subject to additional billing.
2.3 Any change to an Order at the Customer's initiative, including the shifting of the Order in time, even for reasons of force majeure, is subject to the acceptance of the Service Provider and the feasibility of such change. The modification of an Order, if possible, may result in an increase in the rental price to be paid by the Client.
2.4 If the Customer cancels the Order no later than three months prior to the scheduled delivery date, 50% of the price of the Order including VAT is due. If the Customer cancels the Order less than three months before the delivery date, the full price of the Order including VAT shall be payable. These provisions shall apply even if the Customer's cancellation is caused by exceptional circumstances arising after the Order has been confirmed, such as force majeure.

ARTICLE 3 - PRICES AND PAYMENT

3.1 Prices are always exclusive of tax and in euros, unless otherwise stated. The Client agrees to pay all sums due for the hire by bank transfer or cheque.
 

3.2 Unless otherwise agreed in writing, a deposit invoice for 50% of the amount of the Order including VAT shall be issued to the Customer as a first deposit upon confirmation of the Order. 
A further invoice for a deposit of 100% of the amount inclusive of VAT shall be issued to the Customer one month prior to the date of delivery, less the amount received as the first deposit. 
For any Order confirmed less than one month before the delivery date, a single deposit invoice for 100% of the total amount including VAT of the Order will be issued to the Customer on confirmation of the Order. 
In the event of any changes to your booking with your consultant within one month of the event, or additional costs, the balance invoice will be adjusted accordingly. Otherwise, the balance invoice will be zero. 

3.3 Unless otherwise agreed, these invoices are payable on receipt. Any delay in the payment of the amounts due by the Client to the Service Provider shall automatically give rise to interest on arrears of 12% and to the payment of an indemnity of 40 euros for collection costs. If the Customer fails to pay within 15 days of receiving the deposit invoices, the Service Provider may consider that the Customer has cancelled the Order. In this case, the Client shall be liable to pay the cancellation charges set out in Article 2.4 above.

For any Order confirmed 30 days or less prior to the delivery date, the Customer shall send the Provider proof of payment of the deposit invoice of 100% of the amount of the Order including VAT no later than 48 hours after receipt of the invoice. If the Service Provider does not receive proof of payment from the Customer, the Service Provider may consider that the Customer has cancelled the Order. In this case, the Client shall be liable for the cancellation fee set out in Article 2.4 above.

In any event, if the Provider has not received proof of payment of 100% of the amount inclusive of VAT of the Order on the day before the scheduled delivery of the Goods, the Provider may consider that the Client has cancelled the Order and may therefore not deliver the Goods. In this case, the Client shall be liable for the full price of the Order including VAT.

3.4 If the Customer does not use the Equipment, the Customer shall be liable for the full amount due.

3.5 The Provider reserves the right to increase the initial price of the Order for the following reasons

- Technical characteristics of delivery and installation that differ from those provided for in the Order, resulting in additional costs (e.g. higher than expected delivery and collection costs for the Hardware, additional material costs, costs of upgrading the floor), which can be identified in particular by means of a technical inspection (see Articles 4 and 5 below);

- Additional labour and/or transport costs of the Service Provider in case of intervention on Sundays, public holidays, outside working hours, or in case of a modification of the Order, or at the request of the Customer;

- Delivery and collection and/or installation conditions not stipulated in the Order leading to an extension of the duration of the delivery/collection operations (such as, but not limited to: failure to repackage the furniture, delivery to a floor without a lift, distance between the parking and unloading area and the installation area, ballast resulting from the impossibility of anchoring the structure by staking, congestion at the place where the Equipment is installed);

- Waiting period for which the Service Provider is not responsible (impossibility of access to the place of delivery or pick-up of the Material, lack of coordination with other service providers, delay by the client in taking delivery, impossibility of circulation of the Service Provider's vehicles, heavy goods vehicles, semi-trailers, forklift trucks, etc.);

- Costs incurred by the Service Provider in restoring the Material to the condition it was in prior to delivery of the Material, including cleaning, or replacing the Material in the event that restoration is impossible;

- Costs of parking and/or any guarding costs of the means of transport used within the framework of the rental during the delivery/takeover operations and during the outward and return transport of the Material;

- Any costs incurred by the Service Provider in filling holes in the Rental Goods for the purpose of securing the Rental Goods, if so desired by the Customer.

3.6 The Provider reserves the right to request the Customer to pay a deposit by cheque to guarantee payment of a duly justified price increase for the reasons detailed in Article 3.5 above. If there is no surcharge, the guarantee will be destroyed or returned at the end of the hire period. If the Supplier fails to receive the guarantee within 5 days of the request, the Supplier reserves the right to cancel the Order without charge to either party.

3.7 If the delivery/assembly of the Rental Goods in accordance with the conditions agreed by the Customer is not possible without modifying the Order, even on the day of delivery/assembly, and the Customer refuses to make such a modification, the Provider may consider that the Customer has cancelled the Order. In this case, the Client shall be liable to pay the cancellation fee set out in Article 2.4 above.

ARTICLE 4 - OBLIGATIONS OF THE PROVIDER

The Service Provider undertakes to :

- to use all reasonable means available to carry out the Order, including the delivery of the Equipment, its assembly and disassembly where applicable, and the other services agreed with the Client;

- to provide the Customer with a timely delivery and collection schedule in the Customer's online space (Atawa-app.com system), and any updates by any means;

- At the Customer's request, once the Order has been confirmed, organise a technical visit to the delivery and installation site of the Equipment either (1) on a date set by the Service Provider at no extra cost to the Customer, or (2) on a date set by the Customer subject to the Service Provider's availability at the Customer's expense for an amount agreed beforehand between the parties;

- inform the Client without delay of any circumstances that would prevent or disrupt the performance of the rental;

- to provide the Client, upon express written request, and within a reasonable period of time, with any proof of conformity and approval of the rented Equipment in accordance with the standards in force;

- to keep confidential any data communicated by the Client in the context of the rental, at the Client's express request;

- to inform the Client as soon as possible if a situation arises which would trigger a price increase as provided for in Article 3.5 above, in particular in the case of Equipment damaged during the rental period (see Article 5.5 below);

- not to behave in a disloyal or aggressive manner towards the Customer and the persons met during the hire.

ARTICLE 5 - OBLIGATIONS OF THE CLIENT

5.1 The Client undertakes to :

- to pay all sums due to the Service Provider within the time limit set;

- to carry out all administrative procedures incumbent upon it and to check the installation;

- to ensure that the use of the Equipment complies with the legal provisions in force for the type of event;

- inform the Provider during the preparation of the rental proposal of any constraints on access to the installation site for the delivery of the Equipment, and any technical specificities relating to the installation site of the Equipment where applicable (for example the presence at the installation site of any pipes, cables or any other technical installation);

- to inform the Service Provider as soon as possible after confirmation of the Order of any constraints on access to the place of delivery of the Equipment, and any technical specificities relating to the place of installation of the Equipment, if any, which are not mentioned in the Order;

- not to withhold any information useful to the Service Provider for the proper performance of its services;

- at the request of the Service Provider, allow access to the place of delivery and installation of the Equipment for a technical visit either (1) on a date set by the Service Provider at no additional cost to the Client, or (2) on a date set by the Client subject to the availability of the Service Provider at the Client's expense for an amount agreed upon in advance by the parties;

- comply with the Delivery and Collection Schedule and, on the day of delivery, comply with any location plan for the Equipment agreed by the parties;

- to be present on the day of the start and end of the operations to confirm the place of delivery, the delivery of the Material and the assembly of the Material, if applicable. In the absence of confirmation, or in the absence of the Client on the day of delivery, the delivery of the Material shall be deemed tacitly accepted by the Client. In general, even in the event of force majeure, the absence of the Customer shall prevent the Customer from subsequently contesting the value of the Equipment, its contents and its scope,

- free access to the delivery site to allow the Service Provider's vehicles to enter. In the event that the Service Provider is unable to reach the agreed place and time of delivery due to the Customer's absence, the Service Provider reserves the right not to make the delivery and to consider the Order cancelled by the Customer in accordance with the conditions set out in Article 2.4;

- not to interfere with the delivery, assembly, disassembly or removal of the Goods.

- guarantee the Service Provider against any recourse by the operator or owner of the place of destination of the Equipment. The Service Provider shall not be held responsible for any damage caused to the site during the normal performance of the service;

- not to sublet or transfer the Equipment to a third party without the express permission of the Provider, unless otherwise agreed;

- to comply with the operating guide relating to the safety and methods of use of the Equipment sent to the Client by the Provider prior to delivery, and in general, to use the rented Equipment in accordance with its normal purpose, not to do anything or allow anything to be done that could lead to its deterioration or disappearance, to provide it with the necessary normal maintenance, and to maintain it in good working order, to respect, if necessary, the particular recommendations and specific advice for use and appropriate warnings from the Provider of which the Client acknowledges having been made aware;

- to ensure at its own expense the safekeeping of the rented Equipment. The guarding must be ensured from the time of delivery until the Equipment is fully recovered,

- not to behave in an unfair or aggressive manner towards the Service Provider and the persons responsible for delivery, assembly, dismantling or collection.

5.2 The Customer may not make any changes and/or alterations to the Rental Goods, however small, and/or carry out any repairs to the Rental Goods. No nails, holes, adhesives, paint or other work may be carried out on the rented Equipment. Any intervention by the Client on the Rental Goods without the Service Provider's authorisation and which would have the direct or indirect consequence of damaging the Rental Goods shall be directly attributable to the Client, who shall bear the financial consequences thereof.

Only the Service Provider's personnel are authorised to assemble, disassemble, move, modify or repair the Equipment. Any change in the purpose or configuration of the rented or sold Equipment desired by the Customer must be expressly approved by the Provider in writing beforehand.

5.3 The Customer also undertakes to allow free access to the Equipment installed by any representative of the Service Provider or any person appointed by the latter or by any administrative, judicial or police authorities, and to take any useful measure to facilitate their mission, it being specified here that the doors to open the structures must not, under any circumstances, be obstructed or blocked by any system whatsoever, whether from the inside or the outside.

5.4 The Customer shall retain custody of the Material until it is taken back by the Service Provider, even if the take-back is delayed in relation to the delivery and take-back schedule.

5.5 The Customer must notify the Provider of any damage to the Rental Goods during the rental period. The damage shall be recorded during or after the collection, if possible with photographs. Any damage not reported by the Customer will be reported to the Provider after the return of the Rental Goods. The cost of repairing, cleaning or replacing the Equipment due to damage caused during the hire period will be charged to the Client and payable by cheque or bank transfer on receipt of the invoice.

5.6 If the Service Provider is in charge of the "electrical energy" part, the Client shall refrain from opening the equipment, opening the electrical cabinets and making any electrical connections unless the Service Provider has given its express prior written consent. The service provider declines, whatever the cause, any responsibility in the event of non-compliance with this provision.

In the event that the Client is in charge of the electrical energy, the Client is responsible for connecting the Service Provider's Equipment to an electrical source and for checking the necessary electrical power of the various service providers prior to the rental.

ARTICLE 6 - RETURN AND RETENTION OF EQUIPMENT

6.1 The Provider shall take back the Equipment in accordance with the Delivery and Collection Schedule. In the event that it is not possible to take back the Rental Goods on the day or at the time specified in the Delivery and Collection Schedule, the party preventing the return of the Rental Goods shall inform the other party as soon as it becomes aware of the impediment.

6.2 If the Customer retains the Equipment beyond the scheduled collection date, the Customer shall be liable to pay a penalty of 30% of the total amount (including VAT) of the Order for each day that the Equipment is held up from the day after the scheduled collection date until and including the actual collection date. This compensation shall be payable by cheque or bank transfer on receipt of the invoice. In addition to this compensation, the Client may claim damages for the loss actually suffered by the Service Provider as a result of the Client's retention of the Equipment made available. In addition, and without prior notice of default, the Service Provider may repossess the Equipment by any legal means.

ARTICLE 7 - INTELLECTUAL PROPERTY AND IMAGE RIGHTS

7.1 No intellectual property rights shall be transferred in the performance of the Order, unless otherwise agreed in writing.

Consequently, the Client only acquires the right to use, within the framework of the rental, the creations, inventions, studies, drawings, prototype models, etc., relating to the rented Equipment. Any reproduction or exploitation of said creations, inventions, studies, drawings, models, etc. is prohibited.

The Client undertakes not to exploit through another service provider the recommendations or original ideas proposed by the Service Provider.

Any software packages and software developed by the Service Provider for the proper performance of the Order are and shall remain the sole and complete property of the Service Provider. Consequently, the Client undertakes not to use the software packages for any purpose other than the purpose of the Order and to return them to the Service Provider at the end of the Order. Under no circumstances may the Customer copy or transfer the software and software packages without the express prior written consent of the Service Provider, and the Customer acknowledges that the Service Provider is the sole owner of the copyright and all economic rights, i.e. representation rights, reproduction rights and adaptation rights, regardless of the method, relating to the said software, software packages etc.

7.2 Unless otherwise agreed in writing, the Customer authorises the Service Provider to take photographs and videos, both interior and exterior, and aerial shots of the Equipment.

The Service Provider agrees to comply with the provisions of the Privacy Policy and to obtain, where applicable, the Customer's permission or the permission of the Customer's guests for any image in which the Customer or any of the Customer's guests can be identified. The Customer authorises the Service Provider (i) to use the logo of the Customer or the company it represents and (ii) to reproduce this logo on the Service Provider's website and on its commercial documents for marketing and communication purposes.

ARTICLE 8 - LIABILITY

8.1 Professional liability and operating insurance of the Provider

The Service Provider declares that it has taken out business and professional liability insurance covering material and physical damage that a third party may suffer as a result of the Service Provider's intervention.

8.2 Customer's liability insurance

If the Client is a professional, he declares that he is insured for professional and operational liability.

If the Customer is a private individual, he/she undertakes to contact his/her insurer in order to extend, if necessary, the scope of his/her civil liability insurance policy to cover the rental.

If requested by the Provider, the Customer shall provide the Provider with a table of cover and a certificate of insurance as soon as possible. The Provider reserves the right to refuse delivery if the Customer does not provide the insurance certificate.

8.3 Damage to persons

In the event of damage to persons caused by the Rental Goods, the costs of such damage shall not be compensated by the Customer's failure to pay the rental price.

8.4 Damage to the rented Equipment

From the time of delivery of the Rental Goods until their return, the Client is solely responsible for the safekeeping of the Rental Goods and undertakes to take all necessary care of the Rental Goods in order to return them in their original condition. In particular, the Client undertakes to keep the Equipment in safe custody in order to prevent any theft.

The indemnity entitled "insurance" in the Order is provided in return for the Service Provider taking responsibility for certain damage to the Equipment during the rental period. This coverage is subject to the terms and conditions of the insurance policy taken out by the Provider. These conditions may be communicated by the Provider at the Client's request. If the Provider's insurance is triggered by damage to the Rental Goods during the rental period, the Client shall be charged a deductible of 500 euros in compensation for the excess paid by the Provider.

Any damage not covered by the Provider's insurance shall be paid for by the Customer or his insurer.

8.5 The full price of the Order shall remain due even if the Material is not used due to strikes, power failure, hurricanes, gusts of wind, storms, snowfall or any other force majeure event occurring after the Material has been installed or if the already installed installation becomes unusable due to damage or administrative prohibitions.

In the event of total or partial destruction of the Rental Goods in the custody of the Client due to an act of God or force majeure or any other cause beyond the control of the Provider, the full amount of the rental charge shall remain payable by the Client and no refund shall be made.

8.6 Limitation of liability of the Provider

The Provider undertakes to use all means at its disposal for the proper performance of the services to which it is committed, it being specified that the Provider is only bound by an obligation of means.

Regardless of the basis of the Service Provider's liability, it shall be limited to the amount actually paid by the Customer for the rental. Any claim by the Customer against the Provider must be made by registered letter with acknowledgement of receipt sent at the latest within one year of the alleged non-performance. This dispute must be precisely motivated. Failure to do so shall constitute a waiver by the Client of the Service Provider's liability. The Service Provider shall in no event be liable to the Customer or any third party for any indirect damage, including but not limited to loss of business, loss of customers, commercial loss, damage to brand image, resulting from the Equipment or the rental of the Services.

ARTICLE 9 - SUBCONTRACTING

In the context of the rental, partial or total recourse to subcontracting is authorised. The Client is informed that the Service Provider works with a network of partners and is not in principle the owner of the rented Equipment.

In the event of damage caused by a subcontractor, the liability of this subcontractor shall be pursued directly by the party suffering the damage, to the exclusion of the party that has subcontracted, which shall not be held liable in solidum.

ARTICLE 10 - MISCELLANEOUS

10.1 The legal entities Parties shall elect domicile at their respective registered offices. If the Customer is a natural person, it shall elect domicile at the billing address communicated to the Service Provider.

10.2 The validity of the T&Cs is subject to French law.

Any dispute arising from the operations referred to herein, even in the event of multiple defendants or a guarantee call, shall be submitted to the competent court within the jurisdiction of the Paris Court of Appeal.

APPENDIX 1 - ATAWA INSURANCE

Thank you for placing your trust in us for your event.
In order to guarantee you a trouble-free event, Atawa has taken out a specific insurance policy covering damage to rented equipment.
This insurance allows you to limit the amount of your financial responsibility to 500 euros per event for all cases covered by the insurance policy, as described in this document.

Insured equipment
All equipment delivered and/or installed by Atawa for your event is insured, with the exception of plant decoration.

Scope of cover
The material is insured :
During transport to the location of your event and,
During the duration of your event.
The equipment is covered against all risks of material damage, destruction, theft with or without break-in, misappropriation and fraud.

Exclusions from cover
The following damages are not covered by the guarantee
Indirect losses resulting from loss of use, unemployment, delay or loss of business,
Loss or damage resulting from use not in accordance with the manufacturer's standards,
Damage resulting from intentional or malicious misconduct by the insured,
Loss or damage resulting from the supplier's, manufacturer's or fitter's warranty under the law,
Damage due to normal or progressive wear and tear, deterioration or depreciation,
Loss or damage arising from smokers' burns,
All personal effects,
Banknotes, shares, bonds, coupons, securities of any kind and more generally any financial security,
Works of art and antiques,
Goods classified as dangerous by the conventions, laws or regulations in force,
Live animals, plants,
All motorised land vehicles,
All motorised land vehicles, All airborne, floating or maritime craft,
Mobile telephones, audio players, electronic diaries,
Damage caused by war,
Damage caused directly or indirectly by a nuclear reaction,

If you have any questions about the insurance, please contact your Atawa consultant directly or call us on 01 40 50 19 42.

APPENDIX 2 - ATAWA POSTPONEMENT, WEDDING AND PRIVATE EVENT INSURANCE

The amount of the postponement and cancellation insurance for weddings and private events is 5% of the total amount of the reservation. It gives you access to the following special conditions:

Coverage :

Postponements up to 10 days prior to the start date of the event:

The 1st postponement is free of charge. From the 2nd postponement onwards, a flat rate of 500 € per postponement will be charged.
(For all postponements, changes in the price of equipment, transport and technical costs related to your event may apply due to the change of venue or the unavailability of the original equipment).

Modification of the format of the event

If the format of your event is changed (e.g. reduced number of guests), Atawa will do its utmost to adjust your project. All elements removed from the booking will be considered as "cancellations" and will therefore meet the conditions below.  

Cancellation in the event of a regional assembly ban up to 5 days before the start of the assembly date:

In case of a regional ban on assembly corresponding to your number of guests, you can cancel your event.

You will be charged a flat rate of 10% of the booking amount.
(For all cancellations, the flat rate charged does not take into account specific purchases related to your event (e.g. carpeting, consumables, custom-made products). These purchases are mentioned in the quote).

Cancellation outside the regional ban up to 10 days before the start date of the event:

If there is no regional ban and you wish to cancel your event, a flat fee of 35% of the booking amount will be charged.

(For all cancellations, the flat rate charged does not take into account specific purchases related to your event (e.g. carpeting, consumables, custom manufacturing). These purchases are mentioned in the quote).

Postponement or cancellation within 10 days of the delivery date:

The entire service is due.

ATAWA Tel. 01 40 50 19 42 - 1 Avenue Théophile Gautier 75016 Paris - contact@atawa.com

SAS with a capital of 30,673 Euros - RCS Nanterre 822 182 192 - APE 8230 Z - TVA Intracom FR 33 822182192

Updated on 13/05/2022