RENTAL AGREEMENT
Close · Ischlerstraße 86, 8990 Bad Aussee, Austria
Parties
Known as "Lessor"
Close
Ischlerstraße 86, 8990 Bad Aussee, Austria
Known as "Lessee"
You (defined as customer/lessee to contract)
Collectively, all of the above people or businesses entering this Equipment Lease Agreement will be referred to as the "Parties." This Equipment Lease ("Lease") is made and effective by signing or electronically signing the contract, or by purchasing services by and between Close ("Lessor"), and current user ("Lessee"). By agreeing to the contract or purchasing services, Lessee agrees to be bound by these terms and conditions, whether or not Lessee has read them. Lessor may at its sole discretion modify these terms and conditions at any time and any modifications shall become effective immediately as posted on this site.
Purpose of the Equipment Lease Agreement
Lessee wishes to hire Lessor to provide video camcorder rental services relating to Lessee's wedding weekend as detailed in this Equipment Lease Agreement. Lessor has agreed to provide such services according to the terms of this Equipment Lease Agreement. Any physical pieces of product Lessor is providing for Lessee will be referred to as "Equipment."
Terms
Services
The services provided by Lessor are those as specified in the proposal/quote/purchase order/invoice to which these Terms and Conditions pertain.
Lease
Lessor hereby leases to Lessee, and Lessee hereby leases from Lessor, the video camcorder equipment shown in the order preview on the respective invoice ("Equipment"). Lessor reserves the right to refuse or decline leasing Equipment to potential lessee at Lessor's sole discretion. Lessor may, at its sole discretion, gather information from third parties regarding potential lessee's past rental history and creditworthiness. If Lessor declines leasing Equipment to Lessee, the Lessee will receive a full refund of services.
Term
The term of this Lease shall commence on the day of the first attempt by the parcel carrier used by Lessor to deliver the item, and expires 3 days after the wedding date. Lessor will ensure the Equipment will be delivered to Lessee at least 48 hours prior to the wedding date, typically 4–6 days prior to the wedding date, unless otherwise discussed via email. The Equipment must be return-shipped to Close before shipping cut-off time with the courier on the last day of the Rental Period via the parcel carrier used by Lessor, unless prior arrangements were made between Lessee and Lessor. Should Lessee return the Equipment using a shipping label not provided by Lessor, and the Equipment is not returned on or before the expected return date, Lessor reserves the right to charge the Lessee additional fees for the extra time the Equipment was in transit or late. You hereby give Lessor permission to contact you via email, telephone, or text message regarding information on or status of your rental.
Rent and Deposit
All rent will be paid in advance, in full before the order ships.
Use
Lessee shall use the Equipment in a careful, safe and appropriate manner and shall comply with and conform to all applicable European Union, Austrian federal, and local laws and regulations in any way relating to the possession, use or maintenance of the Equipment, including any manufacturer's recommendations, warnings and instructions as to the safe use of the Equipment.
Representations, Warranties and Agreements
Lessee has selected the Equipment without relying upon any suggestion or recommendations of Lessor or its employees and Lessee understands and agrees that Lessor assumes no responsibility for the Equipment as being fit for any particular purpose.
Lessor represents and warrants as follows: (1) the Equipment is free from known defects and is in good working order to the best of its knowledge at the inception of the rental; (2) Lessor is responsible for routine repair and maintenance of the Equipment prior to rental; (3) Lessor has the right to enter into the rental of the Equipment. Lessee agrees as follows: (a) except as set forth in Lessor's representations and warranties above, the Equipment is rented to Lessee without any warranty or guaranty of any kind, express or implied; (b) Lessor shall not be held responsible with respect to production downtime, loss of profits, extra expense, indirect, consequential, or punitive damages, or production delays; and (c) except as set forth in Lessor's representations and warranties above, Lessee is responsible for all costs associated with any repair or replacement of the Equipment necessitated as a result of Lessee's usage, possession, transportation or failure to return the Equipment for any reason. At all times Lessor's maximum liability in connection with the Equipment is limited to the rent paid to Lessor by Lessee.
Delivery of Services, Return of Equipment
Delivery of Services/Equipment
Lessor will ensure the equipment is delivered to Lessee at least 48 hours prior to the wedding date, unless otherwise agreed upon with Lessee, or if there is a delay in shipment outside of the Lessor's control. Lessee understands that Lessor typically will deliver equipment to Lessee within four to six days prior to the wedding date.
Lessor will ship the equipment to the address provided by Lessee unless Lessee provides Lessor with an alternate address in adequate time for Lessor to update the current address.
Lessor will ensure editing services are delivered to Lessee within 16 weeks after their event date but will make attempts for faster delivery.
Shipping
Lessor does not ship on Austrian public holidays. Lessor cannot guarantee the arrival date of the order as that is outside the control of Lessor. Any shipping or transit time estimates provided by Lessor are estimates only. Lessee is encouraged to order in a timely fashion to avoid delays. Lessee agrees to obtain and retain the shipping receipt for all return shipping until Lessor notifies Lessee of receipt of such returned product.
Age
Due to the value of the Equipment, Lessor will not rent Equipment to persons under the age of 18. Lessee agrees not to allow any person to pick up or return the Equipment who is under the age of 18.
Surrender
The expiration of this Lease is 3 days after the wedding date. Upon the expiration or earlier termination of this Lease, Lessee shall return the Equipment to Lessor in good repair, condition and working order, ordinary wear and tear resulting from proper use thereof excepted, by delivering the Equipment at Lessor's cost and expense via the shipping method specified by Lessor. Lessee shall be responsible for proper packaging of the returned Equipment using shipping and packaging materials provided by Lessor. Lessor reserves the right to inspect the Equipment within a reasonable time after return and make a determination as to whether such returned Equipment was damaged during the period the Equipment was in Lessee's possession.
Used Equipment
Lessee acknowledges that the Equipment may be used gear and may be cosmetically flawed. However, Lessor warrants that the Equipment will be in proper working condition when leased to Lessee. Should Lessee discover that the Equipment, as received, is not working properly, Lessee agrees to notify Lessor pursuant to the "Non-Working Equipment" section of this Agreement.
Typographical Errors
In the event a product rental rate is listed incorrectly, Lessor has the right to refuse or cancel any orders placed at the incorrect rate. Should Lessor cancel Lessee's order, Lessor will immediately credit Lessee's account for the incorrect amount paid.
Order Acceptance Policy
Receipt of an order confirmation does not signify Lessor's acceptance of Lessee's order. Close reserves the right at any time after receipt of Lessee's order to accept or decline the order for any reason. If Lessor declines the order, the Lessee will receive a full refund of services.
Cost, Fees and Payment
Cost
The price and products are those as specified in the invoice to which these Terms and Conditions pertain. The retainer for the services provided by Lessor is 100% of Lessee's order total at the time of booking and is non-refundable, irrespective of the payment method used by Lessee at the time of booking.
Refunds
Lessee will be entitled to a full refund of payment if the circumstances satisfy the Close "Video Guarantee."
The Video Guarantee covers three scenarios: (1) If the video camcorder equipment leased by Lessor is determined to be the cause of malfunction, not including user error or environmental factors. (2) If Lessee is unable to record any video during their wedding weekend despite following all setup instructions properly and the equipment was in working condition. (3) If Lessee's package is lost in transit and Lessee is unable to receive any video of their wedding weekend despite following all instructions properly.
The following situations disqualify Lessee from refund eligibility: (1) Failure to return Equipment to Lessor. (2) Cancellations. (3) Failure to complete setup procedures supplied by Lessor. (4) User error or damage to equipment including: failure to use equipment at the event, failure to power on the equipment, any damage or loss while in Lessee's possession, failure to properly charge batteries or use provided memory cards, or external factors beyond the control of Lessor.
Taxes
All applicable Austrian taxes, fees and duties arising from the lease and use of the Equipment are the responsibility of the respective party as required by Austrian law.
Default
If Lessee fails to pay any amount due within ten (10) days after it becomes payable, or fails to observe any other provision of this Lease, Lessor shall have the right to: (a) charge any payment method on file for all amounts due; (b) sue for and recover all rents and other payments accrued or accruing; (c) terminate this Lease; (d) pursue any other remedy available under Austrian law.
Exclusivity & Ownership
Exclusivity
Lessee understands and agrees that Lessee has hired Lessor exclusive of any other service provider for the same or similar services at the locations and dates specified in this Agreement.
Ownership
The Equipment is, and shall at all times remain, the sole and exclusive property of Lessor. Lessee shall have no right, title or interest therein except as expressly set forth in this Lease.
Intellectual Property
Copyright Ownership
Any copyrighted works created as a result of the Services provided by Lessor are owned by Lessor in accordance with applicable Austrian and EU copyright law. All products, whether tangible or intangible, produced in connection with this Agreement are expressly and solely owned by Lessor.
Permitted Uses
Lessor grants Lessee a non-exclusive personal license to use the delivered video content for personal, non-commercial purposes, including on personal social media profiles and personal websites, provided Lessee attributes the work to Close.
Impossibility
Force Majeure
Lessor will not be liable to Lessee for failure to perform any obligations in the event of strikes, lockouts, acts of God, fire, flood, pandemic, or other events outside of Lessor's reasonable control.
Artistic Release
Style
Lessee has reviewed Lessor's work and has a reasonable expectation that Lessor will perform the Services in a consistent manner. Lessee understands that video production is a subjective art and that Lessor will apply artistic judgment when providing Services. Dissatisfaction with Lessor's aesthetic judgment is not a valid reason for termination of this Agreement or request for a refund.
Limit of Liability
Indemnity
Lessee shall indemnify Lessor against any and all claims, costs, expenses and liabilities arising out of or resulting from Lessee's use, possession, operation or return of the Equipment.
Maximum Damages
The maximum amount of damages Lessee is entitled to in any claim relating to this Agreement shall not exceed the total cost of services paid by Lessee to Lessor.
Non-Working Equipment
Lessee shall notify Lessor promptly upon receipt of Equipment of any malfunction or damage. Lessee must not attempt to repair or modify the equipment. Lessee must return such non-working Equipment to Lessor, and Lessor will either replace the Equipment with a functioning equivalent or issue a full refund of rental charges at Lessee's option.
Loss and Damage
Lessee assumes the entire risk of loss and damage to the Equipment from any cause. In the event of damage, Lessor may charge Lessee's payment method on file for the full cost of repair, up to a maximum of €650. In the event the Equipment is damaged beyond repair, Lessee shall pay Lessor the full replacement value of the Equipment.
Repairs
Lessee agrees not to attempt to repair or materially alter the Equipment under any circumstances.
Cancellation and Rescheduling
Cancellation
If Lessee desires to cancel or reschedule Services, Lessee shall provide notice to Lessor as soon as possible via email. All payments made are non-refundable unless otherwise specified in this Agreement. If Lessor is able to rebook the reserved dates with another client, Lessor may, at its sole discretion, issue a partial or full credit to Lessee.
Failure to Perform
In the event Lessor cannot perform its obligations under this Agreement, Lessor will immediately notify Lessee, attempt to find a suitable replacement with Lessee's agreement, and if no replacement is available, issue a refund based on the percentage of services not yet rendered.
Data Protection
GDPR
Lessor processes personal data in accordance with applicable European Union and Austrian data protection law, including the General Data Protection Regulation (GDPR). Personal data collected in connection with this Agreement will be used solely for the purpose of fulfilling the rental services. For full details on how Lessor collects, stores and processes personal data, please refer to the Close Privacy Policy available on our website.
General Provisions
Entire Agreement
This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, negotiations or discussions relating to its subject matter.
Severability
If any provision of this Agreement is deemed illegal or unenforceable, the remaining provisions remain in full force.
Amendment
This Agreement may only be amended by written consent of both Parties via email.
Notice
All notices shall be delivered via email and are effective upon confirmed delivery.
Governing Law & Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Austria. In the event of any legal dispute arising from this Agreement, jurisdiction and venue shall be the competent court in Liezen, Austria.
Close · Ischlerstraße 86, 8990 Bad Aussee · Austria