General terms and conditions

Article 1 : Applicability

These general terms and conditions apply to all our offers and agreements entered into by us. Insofar as reference is made to other / own terms and conditions by the hirer in its offer to hire or other correspondence, their application is expressly excluded. Deviations from and/or additions to these general terms and conditions are only valid if they have been expressly agreed in writing and relate exclusively to the agreement in question. The hirer with whom a contract was once concluded with the application of these general terms and conditions, agrees to the application of these general terms and conditions to all subsequent agreements. Consequently, the hirer may in no way invoke the non-objectionability of these terms and conditions.

 

Article 2 : Offers

• Quotations are entirely non-binding and do not bind us in any way, unless expressly stated otherwise.
• An agreement is only concluded after acceptance of the offer or a payment via our website 'https://rentsolutions.be%27/ by the hirer. The agreement is deemed to be concluded at the moment this confirmation was sent. An agreement is also concluded by starting its actual execution.
• Unless expressly stated otherwise, all advice given by us, whether orally or in writing, is non-binding.
• The data provided by Rent Solutions remain Rent Solutions' property, may not be reproduced and/or provided to third parties without Rent Solutions' express written permission, and must be returned to Rent Solutions immediately upon request. Rent Solutions also reserves all rights possibly existing by virtue of intellectual and industrial property.
• The data provided by Rent Solutions serve as examples only, from which no rights can be derived.
• Rent Solutions has the right to refuse an offer without giving reasons

 

RENTAL

 

Article 3 : Duration of the rental

• The duration of the rental period runs from the day the equipment leaves our depot until the day it is returned. The day of departure and return are not counted as rental days. Saturdays, Sundays and public holidays are always counted as rental days. The scheduled return date is the date on which the goods will be picked up again. The goods must be ready, at the place of delivery, from 6am or otherwise agreed.
• Depending on whether the goods are collected at our registered office or when delivered by us at another location, the goods shall be deemed to have been delivered and the risk transferred respectively at the time of the actual taking of possession or when the goods are unloaded at the agreed location.
• An interruption in the hirer's work for whatever reasons (unfavourable weather conditions, strike, stoppage of equipment for whatever reason, etc.) shall in no case justify a reduction in the agreed rent.
• The lessor reserves the right to take back his equipment at any time and wherever it is located in case of abandonment, damage due to lack of care by the lessee, or if the lessee defaults on any contractual obligation.

The rental period may, until the written cancellation, only be extended by the Renter in writing, subject to confirmation by Rent Solutions.

 

Article 4: Handing over and taking back the rented equipment : formalities & agreements

• Although the specified delivery terms will be observed by Rent Solutions as much as possible, these are only approximations and do not bind Rent Solutions. Unless otherwise agreed in writing, the specified delivery term will never be considered a fatal term.
• Rent Solutions is authorised to deliver in parts, or to wait with delivery until the entire order is ready. Where appropriate, consultation will be held with the Renter on this. In case of delivery in parts, Rent Solutions is always entitled to invoice the already delivered goods directly.
• A delivery note or an electronic delivery note will be presented and must be signed by the hirer or an authorised person on his behalf before receiving the rented equipment. Upon first request, the hirer must have a copy of the identity card made to prove his identity.
• If the customer is not present, the driver will, leave the duplicate of the delivery note with the material or send a digital version by mail. From the moment of delivery, the customer is responsible for the material, regardless of their presence.
• Any defects or damage to the rented goods must be noted on the delivery note no later than the time of delivery, failing which the goods shall be deemed accepted and in good working order.
• A return receipt or an electronic return receipt will be issued. This voucher only confirms the fact that the material has been returned, and only closes the rental period for the material listed on it, not for the remaining part of the material that may still be rented. Under no circumstances is this return voucher a declaration that the material has been returned in good condition, even if the return voucher was formulated without reservations.
• Access to the delivery site should have a minimum entry height of 2m90 and a minimum entry width of 2m80. All deliveries shall be made at ground level and no deliveries shall be made via stairs or lifting devices. If the delivery cannot be made due to a reason not attributable to Rent Solutions or if a delivery is unlawfully refused by the customer, this will be considered a cancellation.
• The principal shall ensure that the electrical facilities have the necessary inspections. The principal will always provide the necessary : electricity, water, ...
• At the time of delivery and return, the drivers will take photos of the material supplied by Rent Solutions. The client agrees to this. These photos will only be used internally. And that mainly I case of discussions.
• The place where Rent Solutions delivered the material is the place where Rent Solutions will pick up the material again. If the rented goods are not ready, requiring Rent Solutions to return at a later time, a 2nd transport + extra rental period will be charged at the expense of the renter.
• All equipment should be ready at the return so that the driver only needs to load the equipment. As discussed in point glass, items should be sorted correctly in the bins, chairs and table should be placed back in the trolley provided, and the remaining material should be added. If this is not done, extra working time will be charged for this.
• Glasses should be correctly sorted and placed back in the bins with the opening facing downwards, if not, a cost of EUR 3.5/ bin will be charged. The count of glasses/bins will be checked in the warehouse. Shortages of glasses will be charged at purchase value. The return of containers with glasses is always subject to change.

 

Article 5 : Cleanliness - State of the rented equipment

• It is the tenant's obligation when returning the rented property to ensure that the property is in identical condition.
• All materials must be cleaned by the lessee after use. If the materials are not returned clean, an extra cost of 25 eur per item (except glasses) will be charged.
• By signing the delivery note, the lessee acknowledges the excellent operating condition and state of repair. The equipment must be returned in the same condition. In particular, the lessee is prohibited from painting the equipment, affixing inscriptions or advertising on it, or altering in any way the mechanical part or characteristics of the equipment.
• The lessee must empty all equipment so that it can be collected by the lessor. If this is not the case, costs will be charged for the lost time, with a minimum of 1 working hour(35hrs excl VAT)
• When cleaning glasses, cups, not owned by Rent Solutions, we cannot be held responsible for glass breakage or damage and defects.

 

Article 6 : Minutes of verification of returned goods

• The lessee or a third party authorised by him shall be present at the end of the lease, more specifically at the return of all or part of the leased equipment, and shall give his full cooperation in an adversarial inspection examination of the returned goods.
• A list of any missing or damaged parts will be drawn up in an adversarial manner and given to the tenant or his agent, who must sign it for agreement. In the absence of comments, a blank report will be drawn up.
• This report shall, if it contains remarks, be sent to the hirer after it has been drawn up and signed, accompanied by the estimate of the costs for repair and/or restoring the goods to a good working condition and/or the costs due to standstill and impossibility of renting to a third party (see below). If the costs are not disputed in writing (to be sent by registered mail) within 5 calendar days of receipt, the hirer shall have forfeited any right of complaint in this respect and shall pay the invoice for these costs without delay.
• If the lessor and lessee permanently disagree on the defects and/or the costs, a third party expert will be appointed by mutual agreement. If the tenant fails to cooperate to this end, an expert will be appointed by the President of the Antwerp Commercial Court. The costs of each expert will be advanced and shall be borne by the tenant, unless it is proved that the damage was not caused by him.
• Higher compensation due to downtime and impossibility of renting the equipment to a third party will be calculated on the basis of the average daily rent as agreed between the parties.
• The hirer will not be able to invoke his possible absence from the verification report that will be drawn up when the equipment is returned. If the lessee refuses to cooperate, the unilateral assessment (defects + costs) made by the lessor will be sent to the lessee by registered letter or e-mail. In the absence of registered written comments to the lessor within five days of this notification, the lessee will be deemed to know and accept the lessor's written findings.

 

Article 7 : Maintenance and repair - downtime

• The lessee undertakes to carefully follow the instructions given by the lessor. The delivery of the necessary means is at the lessee's expense. The lessee should immediately notify the lessor of repairs that have become necessary during the rental due to normal wear and tear of the equipment. The lessor will carry out these repairs or have them carried out at his expense. No compensation for interruption of business can be claimed from the lessor in case of maintenance work on the rented goods.
• Repairs that prove necessary as a result of the tenant's negligence or due to a case of force majeure must also be immediately notified to the lessor. After immediate notification, the parties will act mutatis mutandis as stipulated in article 6 of the present terms and conditions.
• These repairs may only be carried out by the lessor or according to his instructions and after his written agreement. The costs shall be borne by the lessee. The lessee is strictly prohibited from carrying out repairs himself or having them carried out by repairers other than the lessor, without the lessor's prior written consent.
• Tenant and landlord expressly agree that no reduction of the rent, nor any compensation for any damage or consequential loss can ever be claimed by the tenant from the landlord for any interruption or stoppage of the work to which the rented goods are used or other, whatever the reason for such stoppage.
• Possible repairs will be carried out at the place of delivery.
• When the goods are collected by the customer, repairs will only be carried out within a radius of 30km around the Rent Solutions establishment. If repairs are carried out outside this 30-km radius, a transport cost + hours worked will be charged.
• Only repairs are carried out in Belgium.
• We cannot carry out repairs abroad. But we will provide telephone assistance.
• If the lessee gives incorrect information to the lessor, such as wrong connections, wrong equipment, and the like. The lessor will always charge the transport costs + hours worked, regardless of the place of delivery or collection.
• The lessor cannot be held liable for repairs due to force majeure, by which we mean: too much water, too warm ambient temperature, installation not connected on time, etc. The lessor cannot be held liable for this. This repair (transport costs + hours worked) will be charged by the lessor.

 

Article 8: Payment

• Payments should be made at the lessor's registered office, in cash and without any discount. The charged agreed rental price never includes other costs arising from the use of the equipment such as repair and labour costs, transport, fuel, etc.
• It is agreed between the parties that the non-payment of the rent on its normal due date indicated on the invoice is considered a serious shortcoming that justifies the unilateral extrajudicial termination of the lease by the landlord at the tenant's expense.
• Any invoice remaining unpaid on its due date shall, ipso jure and without any notice of default, bear interest at 12% per annum. If an invoice remains unpaid or incompletely paid on its due date, the outstanding amount of this invoice shall automatically be increased by a fixed compensation of 10% with a minimum of EUR 100.00 .
• Each payment will be charged first against the damage clause, then against the interest and then against the principal sum. If the other party has left several invoices unpaid, each payment will first be charged against the oldest invoices. Furthermore, if one invoice is not paid, all invoices not yet due shall become immediately due and payable in full, including accrued interest and damage clause.

 

Article 9 : Place of work

• The hirer should always clearly and precisely inform the lessor of the place where the equipment is used. Should this location change and in order to be able to inspect and check the condition of his equipment at any time, the hirer undertakes to inform the lessor immediately, spontaneously and in advance.

 

​Article 10 : Rental price and working hours

• The rental price stated in the offer and/or the agreement is always exclusive of VAT and other costs or taxes.
• Unless expressly agreed otherwise, the rental price is calculated per day. The total rental price must be paid before the start of the event via our webshop or via the payment links sent by Rent Solutions.
• A working hour is always 35 eur excluding VAT.

 

Article 11: Sublease, posting, attachment, etc.

• Unless expressly authorised in writing, the lessee is prohibited from subletting the leased goods or making them available to third parties.
• The renter is also prohibited from using the rented material as collateral or in any way as a means of payment.
• The tenant undertakes to take all appropriate measures to remove the rented equipment from any attachment. In any case, the hirer shall immediately inform the lessor in writing of any seizure of which the rented material has become the object, just as he is also obliged to immediately inform the person levying the seizure (or acting bailiff) of the lessor's right of ownership of the seized goods.
• The tenant shall inform the owner of the building where the material is located that this material is not the subject of the household goods that furnish the property (cf. art 20.1° Hyp.W.), as well as the one who owns a premises of the commercial business.

 

Article 12 : Insurance - liability - waiver of recourse

• The hirer undertakes to take out insurance with a recognised Belgian insurance company, with the lessor being designated as third party beneficiary, to cover any damage, loss or theft of the hired goods.
• By accepting the equipment, the hirer expressly agrees to release the lessor from any liability that may be imposed on him in his capacity as lessor of the equipment towards himself and/or his personnel and/or his owner and/or the persons and property of any third persons. Under no circumstances can the lessor be held liable for accidents or damage to the hirer, his personnel or third parties that might occur as a result of the transport of the equipment (both incoming and outgoing), the use of the equipment or any other cause whatsoever.
• The renter or end user is at all times fully responsible for damage, theft or loss throughout the rental period (incl day of return).

 

Article 13 : Loss of the equipment by the hirer or his appointees

• In case of loss and/or destruction, regardless of the cause, of the leased property during the lease, the lessee shall owe to the lessor the global value of the leased property set out in the lease contract based on the insured value.
• Serious damage resulting in the impossibility of repairing the leased property to enable it to serve the purpose for which it is intended is equated with destruction.
• Glasses should be correctly sorted and placed back in the bins with the opening facing downwards, if not, a charge of EUR 5/ bin will be levied. The count of glasses/bins will be checked in the warehouse. Shortages of glasses will be charged at purchase value. The return of containers with glasses is always subject to change.

 

Article 14 : Breach of contract

• The lessor has the right to terminate the agreement with the lessee at any time, with immediate effect, without prior judicial authorisation, without prior notice of default and without payment of any damages, in the following cases :
  • if the tenant defaults on the timely and proper fulfilment of one or more obligations arising from the agreement, in particular : non-payment of the rent on the fixed due date, insufficient or no maintenance of the leased property, use outside the scope of application of the leased property, subletting and/or making it available to third parties, refusal of an inspection visit, attachment not declared to the tenant;
  • in case of cessation of payments or the (application for) bankruptcy by the tenant;
  • upon liquidation or cessation of the tenant's business;
  • If control of the tenant changes;
  • if any or all of the tenant's assets are seized;
  • if the lessor has well-founded reasons to doubt that the lessor will fulfil its obligations to the lessor;
  • if the lessor decides to exercise his right to terminate the contract, he may immediately repossess the rented equipment regardless of its location. All possible costs resulting from repossession shall be borne entirely by the lessee. In such a case, action shall be taken mutatis mutandis as specified in Article 6 of the present terms and conditions.

 

In case of dissolution, the lessee shall owe the lessor a fixed compensation of 10% of the price invoiced or normally to be invoiced, without prejudice to the right of the lessor to claim payment of higher damage actually incurred. Dissolution shall also make all claims of the lessor against the lessee, on whatever account, immediately due and payable in full.

 

Article 15 : Cancellation of the rental agreement

• Up to 61 calendar days before delivery date administration fee 150 €
• Between 60 calendar days and 31 calendar days before delivery 50% of the rental price
• Less than 30 calendar days before the event 100% rental price.

 

Article 16: Severability and transfer

• The nullity of one of the provisions of these general terms and conditions shall not result in the nullity of the whole.
• The landlord is entitled to transfer to a third party any obligation under the agreements it has concluded.

 

Article 17: Force majeure

• As the tenant's obligation to the lessor essentially constitutes an obligation to pay, force majeure on the part of the tenant is expressly excluded.
• The lessor shall be released by operation of law and shall not be obliged to fulfil any obligation/compensation towards the lessee in case of force majeure. By "force majeure" is meant the situation in which the execution of the agreement by the lessor is prevented in whole or in part, temporarily or otherwise, by circumstances beyond the lessor's control, even if these circumstances could have been foreseen at the time the agreement was made. Without striving for exhaustiveness, the following shall be considered as cases of force majeure depletion of the lessor's stock; delays in or failure to deliver by the lessor's suppliers; destruction of goods; machine breakdown; (wild) strike or "lock-out"; fire; riot; war; epidemic; flood or flooding; (high) absenteeism; electrical, computer, internet, telecommunications failures; "fait du Prince" - governmental decision or interventions (including the refusal, suspension or cancellation of a permit, licence or concession); fuel shortages; weather conditions and/or traffic congestion, in particular when this prevents planned deliveries/interventions due to the physical inaccessibility of the lessee; ... .
• The lessor is not obliged to prove the unaccountable and unforeseeable nature of the circumstance constituting force majeure.
• In such case, the lessor undertakes to make all reasonable efforts to limit the consequences for the hirer of the force majeure situation. If the lessor has already partially fulfilled its obligations when the force majeure occurs or can only partially fulfil its obligations, the lessor may invoice the part already delivered separately, or deliver and invoice the part to be delivered.

 

Article 18: general agreements on the use of the rental equipment

You should not wash the glasses, we will do this for you afterwards. To do this smoothly, we ask you to respect the following:

• glasses always turn over, opening downwards
• always sort glasses by type
• always put glasses in the right container:
• cava glasses: containers with a yellow band
• wine glasses: containers with a red band
• coca cola glasses: containers with a black band
• long drink glasses: containers with a green band
• ​Maes glasses: grimbergen containers
• ​jupiler glasses: duvel containers
• plastic beker Jupiler: Vedett containers
• plastic cup Maes: Chouffe containers
• other glasses: in the tray with correct height so that the feet of the glasses cannot touch each other

 

If the above conditions (article 18) are not met, we will charge an additional processing fee of 3.5€ per bin.

 

Missing or broken glasses will be charged as follows:

• glasses for coca cola, ordal, maes, jupiler, stella: 2.5€/piece
• plastic cup for maes and jupiler: 2.5€/piece
• plastic festival cup: €1.00/piece
• glasses for duvel, grimbergen, wine, cava and long drink glasses: €3.5/piece
• glasses for westmalle & golden carolus: €3.5/piece
• blank beer glass for special beer: 4€/piece
• ginger glass 5€/piece

Refrigerated vans, tap carts and fridges and other materials (counters, rinsing tables, tap installations, etc.)

• These should never be used for foodstuffs. Only drinks may be refrigerated in them.
• Adhesive materials are not allowed on our materials (including adhesive tape, stickers, etc.)
• Our advertising must be visible at all times.
• A filled frig, refrigerator or tap cart may not be moved.
• A used fridge, tap truck, refrigerated truck and other materials should always be cleaned after use.
• The piping of a tap system should not be cleaned.

 

If the above conditions relating to cooling vans, tap carts, fridges and other materials are not complied with, we will charge € 25 for the non-cleaning of a fridge and other materials, € 100 for a cooling & tap cart.

 

Article 19: Applicable law and choice of forum

• Only the courts of the judicial district of Antwerp and the Justice of the Peace of the First Canton of Kontich, are competent to take cognisance of all disputes arising as a result of, or resulting from, the present rental agreement.
• Only Belgian law applies.