Equipment rental terms and conditions – consumers

1. Introductory provisions

1. These General Terms and Conditions for equipment rental (hereinafter: the General Terms and Conditions) of Hiša vizij, Šišenska cesta 36, Ljubljana (hereinafter: Hiša vizij) form an integral part of quotes and equipment rental contracts concluded between Hiša vizij and a renter of equipment who is a natural person and who, under the provisions of the Consumer Protection Act (hereinafter: ZVPot), is deemed a consumer (hereinafter: the client).
2. These General Terms and Conditions form an integral part of all contracts or agreements concluded between Hiša vizij and the client and apply to every order placed by the client in connection with equipment rental (quote, pro forma invoice, order, contract …). By entering into a legal business relationship with Hiša vizij (entering into a legal business relationship means accepting a quote, issuing and/or confirming an order, accepting and/or confirming a pro forma invoice, or concluding a contract – hereinafter: the contract) and by being informed of these General Terms and Conditions, the client is deemed to expressly consent to and fully agree with these General Terms and Conditions. The client also expressly acknowledges that all legal relationships between the client and Hiša vizij are governed exclusively by the contract and these General Terms and Conditions, or by other general terms and conditions, provided the client has been expressly and fully informed of them in advance.
3. These General Terms and Conditions are published on the website www.hisa-vizij.com and are also kept in physical form at the registered office of Hiša vizij. The client's attention is drawn to the General Terms and Conditions in the text of the contract itself, and the client also receives a copy of these General Terms and Conditions together with the contract. The client is thereby deemed to have been duly informed of the General Terms and Conditions.

2. General provisions

1. The subject of the contract is the rental of equipment (furniture, sound, lighting, accessories and decoration, including small materials, intended for furnishing social gatherings, events, concerts, weddings, etc.) as specified in the quote, pro forma invoice, contract or in any other manner that constitutes both parties entering into a legal business relationship. The parties agree that the rented equipment may be used only at the location and for the duration expressly stated in the contract. Should the client wish to change the location or duration of the rental, the client may do so only with the express prior written consent of Hiša vizij.
2. The client acknowledges that Hiša vizij is the sole owner of all rented equipment, unless otherwise provided in the contract. Hiša vizij is also the sole owner of all accessories and parts of the rented equipment, as well as of all documentation belonging to the equipment (such as declarations, instructions/user manuals and other documentation belonging to the equipment). Under no circumstances may the client ever become the owner of the rented equipment, unless expressly provided in the contract.

3. Prices and payment terms

1. The client and Hiša vizij agree on the rental price in accordance with the Hiša vizij price list or by special agreement as stated in the contract. The rental price does not include the price of transport, set-up, dismantling or cleaning of the equipment. All of the above are separately chargeable services, which are also separately specified in the contract. Rental prices are in EUR and include VAT.
2. At the client's request or initiative, Hiša vizij issues a quote/pro forma invoice for the requested service and/or the supply of the requested goods. The quote is valid until the due date stated on the quote/pro forma invoice. If the client does not confirm the quote/pro forma invoice by the due date (or if no contract is concluded between the client and Hiša vizij on the basis of that quote/pro forma invoice by the due date), the quote/pro forma invoice in question is no longer valid and is no longer binding on Hiša vizij.
3. Withdrawal from the contract by the client for reasons other than those listed as permissible grounds for withdrawal in these General Terms and Conditions is possible no later than 14 days before the scheduled supply of goods or performance of the service (or before the scheduled event for which the equipment is being rented). In such a case, the full advance payment made is refunded to the client upon receipt of the client's written notice of withdrawal. The client expressly acknowledges that later withdrawal from the contract is no longer possible, or that in such a case Hiša vizij is entitled to retain 50% of the advance payment made (if the client withdraws from the contract 7 to 13 days before the scheduled event) or the entire advance payment made (if the client unjustifiably withdraws from the contract 7 days or fewer before the scheduled event). The retention of these funds constitutes compensation for the damage incurred by Hiša vizij as a result of the unjustified withdrawal from the contract, to which the client expressly agrees.
4. A client concluding an equipment rental contract with Hiša vizij for the first time must pay the full amount of the rental or, by special agreement, part of it by bank transfer to Hiša vizij no later than 48 hours before the scheduled or agreed collection of the equipment.
5. If the client fails to make payment within the stated period, the payment deadline being deemed an essential element of the contract, the contract is deemed terminated by operation of law and both parties are released from their obligations. In the event of termination of the contract due to the client's non-payment, Hiša vizij is not liable for any damage incurred by the client as a result of the termination.
6. If, after the contract has been concluded (e.g. but not exclusively on the day of the event itself), the client orders the supply of additional goods or the performance of additional services, these additional goods and/or services are marked or listed on the handover report and designated as an additional order. The client must pay for additional orders no later than 7 days after completion of the service or of the cooperation between the client and Hiša vizij.
7. Clients who are regular or repeat customers or renters of Hiša vizij equipment and who are not in arrears with payments must pay for the rental under each individual contract by transferring an advance payment of 30% of the total amount no later than 48 hours before the scheduled delivery or agreed collection of the equipment, with the balance payable no later than 7 days after the service has been performed, this period starting on the day following the day on which Hiša vizij collects the equipment, unless otherwise agreed in the contract. Where the client and Hiša vizij have agreed otherwise, the provisions of that agreement apply. In the event of late payment of the balance, the client must also pay statutory default interest.
8. If the client is in arrears with payment for a previous rental, then on concluding a contract for a new rental the client must pay for the rental according to the rules that apply to clients concluding a contract with Hiša vizij for the first time (see Article 3.4). The client is informed of this requirement in the quote itself.
9. The above provision also applies to clients who have been late in returning equipment on one or more occasions or who have returned equipment in poor condition, i.e. dirty, damaged, destroyed or even missing equipment.
10. Hiša vizij is entitled to charge statutory default interest to clients who are late with payment.

4. Rights and obligations of the contracting parties

1. The client must use the rented equipment with the care of a prudent owner and in accordance with the instructions for use and any instructions issued by Hiša vizij from time to time. If the client is not familiar with the correct handling of the rented equipment, the client must ask Hiša vizij for assistance with handling the equipment, in which case the client should contact the contact person with whom they communicated when concluding the contract.
2. The client is responsible for all the equipment, regardless of the fact that other persons also use it at the event where the equipment is used, and regardless of whether any damage to the equipment or to an individual item of equipment, or the disappearance of the equipment or of an individual item, is caused by a third party (or by force majeure). The client bears the risk until the moment all the rented equipment is returned. The moment of return of the equipment to Hiša vizij is deemed to be the moment the handover report is signed when the equipment is taken back.
3. Rented equipment is normally handed over by Hiša vizij delivering the equipment to the agreed location at the agreed time using its own vehicles and employees or external contractors. If the client wishes to collect the equipment themselves from the Hiša vizij warehouse, this is permitted by express prior agreement; in that case, however, the client is not entitled to request a reduced rental fee. In that case, the client must return the equipment at the time agreed in the contract. If the client is late in returning the equipment, the client must notify Hiša vizij of this before the delay occurs. In the event of a delay, the client may be charged the cost of an additional day of rental of all the equipment for each day of delay, at the price that applied to the equipment rental. Additional rental costs may also be charged if the client does not allow or in any way prevents Hiša vizij from collecting the equipment.
4. The client must inspect the equipment before collection and, if any defects, damage or other irregularities are noticed, report them immediately to a Hiša vizij employee, who records the irregularity or, if necessary, replaces the item with another of the same type. If Hiša vizij does not have an identical item or an item of the same type in stock to replace the unsuitable item, the rental price of that item is refunded to the client. In that case, Hiša vizij is not liable for any damage incurred by the client as a result of the missing item.
5. The client must return all the equipment in the same condition and quantity as at collection. If the equipment is dirty, the client must arrange for it to be cleaned themselves or at their own expense; otherwise, Hiša vizij will charge the client the cost of cleaning. When returning the equipment, the client must draw Hiša vizij's attention to any damage, defects, dirt or other irregularities on the equipment. If the client fails to do so, the client must pay all costs of repairing, cleaning or replacing the equipment. Payment of these costs does not preclude payment of compensation for all damage incurred by Hiša vizij as a result of irregularities on the rented equipment. Hiša vizij is entitled to charge the costs of repairing the equipment or, where an individual part cannot be repaired, to charge the client the difference in the reduced value of the item or the price of a new item where the item is no longer usable due to the defect or damage.
6. If the client loses, or for any other reason fails to return, the equipment or any part of it, the client must pay the price of the item at the selling or purchase price, as well as any damage incurred by Hiša vizij as a result of the non-return.
7. The client must inform Hiša vizij of any problems or defects that arise with the rented equipment. Otherwise, the client is liable to Hiša vizij for damages, or in the manner set out in the preceding article of these terms.
8. The client has no right to sub-let the equipment.
9. Hiša vizij must provide the client with the equipment rental in accordance with the contract. Hiša vizij must ensure that the equipment is in perfect working order and technically and aesthetically suitable for the intended use of the equipment or of an individual item of equipment.
10. Hiša vizij must familiarise the client with the handling of the rented equipment and instruct the client in its correct handling. The client must inform Hiša vizij of their own knowledge/prior knowledge and any limitations regarding the handling of the rented equipment and request instruction in its correct handling. Under no circumstances is Hiša vizij liable if the client was not familiar with the handling of the rented equipment or any part of it. Hiša vizij is not obliged to check or ascertain the client's knowledge; the client is responsible for their own knowledge. Hiša vizij must assist the client with all questions concerning the correct use of the equipment.
11. Hiša vizij may at any time set additional conditions regarding the use of the rented equipment, and the client may withdraw from the contract within 8 days of receiving the additional conditions without incurring any damage. If the client withdraws from the contract, the client must immediately allow Hiša vizij to collect the equipment or return the equipment themselves, if this was originally agreed. In such a case, Hiša vizij must refund the client the rental price for the remaining period, provided the client has not used the equipment. Hiša vizij is not obliged to pay the client any other costs or compensation.
12. If, after the service has been performed, the client wishes all the equipment to be taken away, including equipment not owned by Hiša vizij, and Hiša vizij agrees, a storage contract is deemed to have been concluded between the client and Hiša vizij in respect of that equipment, under which the client expressly agrees to reimburse Hiša vizij for all storage costs and for any additional costs incurred in handling and transporting that equipment to the desired location; Hiša vizij, for its part, must store the equipment appropriately in its warehouse for a maximum of 7 days. If, within that period and even after a further request, the client does not collect the equipment from the warehouse or does not state the location to which Hiša vizij should deliver it, Hiša vizij has the right to sell the equipment and use the proceeds of the sale to cover the storage costs and any additional costs incurred.

5. Duration of the contract

1. The contract is concluded for a fixed term agreed in the contract. The contract may be extended only in writing, by concluding an annex, confirming a new quote, etc. Under no circumstances is the contract extended automatically. If the equipment is not returned at the agreed time, the client is in default. If the client wishes to rent additional equipment or to rent it for an additional period, a new contract or annex is concluded.
2. Upon expiry or termination of the contract, for whatever reason, the client's rights to use the rented equipment cease immediately. The client must immediately allow the equipment to be collected or return it themselves, if this was agreed in advance.

6. Liability for damages

1. In the event of loss, theft, breakdown, destruction or serious damage to the rented item, or any unauthorised interference with the rented equipment, the client must reimburse Hiša vizij for the full value of the rented equipment, at the purchase or selling price of that equipment. The client must also pay the full value of the equipment if the rented equipment becomes unusable for any reason or can no longer be used as a whole, even if only part of the rented equipment is faulty. The client is not liable for faults in the rented equipment arising from its normal use. Hiša vizij has exclusive competence to establish faults or damage under this article, in the presence of the client (when the items are taken back). However, the client is also liable for damage – hidden defects that become apparent on the equipment after its return, in accordance with the provisions of the Obligations Code.
2. Under no circumstances is Hiša vizij liable for damage due to reasons attributable to the client, improper use of the rented equipment, accidental damage, etc.

7. Final provisions

1. These General Terms and Conditions apply from 30 October 2017 until revoked or amended.
2. Any amendment to the General Terms and Conditions is valid only if it is published on the website www.hisa-vizij.com and made accessible to the client in the same way as these General Terms and Conditions. In any case, the client is bound by the General Terms and Conditions of which they were informed at the time the contract was concluded.
3. If the General Terms and Conditions are amended during the contractual relationship between Hiša vizij and the client, the amendments or the new General Terms and Conditions apply only if the client expressly confirms in writing that they agree to them.
4. If any provision or provisions of the General Terms and Conditions are invalid or void, the remaining General Terms and Conditions are deemed to remain in force, and the void provision or provisions are replaced by the regulations on obligations and consumer protection.
5. Hiša vizij and the client undertake to resolve amicably any disputes arising from these General Terms and Conditions or from the business relationship between the client and Hiša vizij. Should this not be possible, all disputes arising from the relationship between Hiša vizij and the client are governed exclusively by the law of the Republic of Slovenia.

Hiša vizij d.o.o.
Ljubljana, 30 October 2017