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5. Concluding Rental Agreements
5.1 The information given within the Internet offer from erento is non-binding and does not yet constitute an offer to conclude a rental agreement.
5.2 The type and the time of the conclusion of a rental agreement depends upon whether the rental item is offered under the standard method (Art.6) or by way of the Live booking (Art. 7) or whether just a general rental enquiry by the hirer is possible (Art. 8).
5.3 Conclusion of the rental agreement and provision of the service under the terms of the agreement are the sole responsibility of the contracting parties. In particular, erento does not collect the rental fee for the rental supplier.
6. Standard Method
6.1 If the rental item is offered under the standard method, all information essential for concluding a rental agreement, in particular the rental price is found on the relevant service page.
6.2 By sending the completed rental enquiry form the hirer submits to the rental supplier a non-binding rental request for a rental agreement to the conditions stated in the enquiry, including any special rental conditions offered by the rental supplier. erento is authorised by the rental supplier to forward the enquiry on to him/her.
6.3 erento forwards a hirer´s enquiry on to the rental supplier. Both parties also exchange contact details. The enquiry and the reply are non-binding for both parties.
6.4 The contact details necessary to enable the swift conclusion of an agreement are immediately available to both parties. Following the conclusion of an agreement the rental supplier is bound to inform erento of the actual amount of the transaction. erento will then invoice for the relevant commission. Processing is carried out in the log-in area under the menu item "my bookings" -> "supplier bookings".
7. Specific Features of Live Booking
7.1 If the rental item is offered under "Live booking" and notwithstanding standard booking procedure, following the transfer of details by the hirer, the availability of the rental item in the specified rental period will automatically be checked. If the item is available erento will generate an automated booking confirmation, which includes the personal details of both parties. The rental item will be marked as "rented" for the specified period. erento is authorised by the rental supplier to accept, on rental supplier´s behalf, the offer of a rental agreement with the hirer as set out in the notification. The rental agreement is concluded upon receipt of the booking confirmation by the hirer.
7.2 The rental supplier has the right to subject the possibility of a Live booking to certain conditions, e.g. sufficient positive ratings in erento´s rating system. If the hirer does not fulfil these conditions, the hirer will be informed that the rental agreement has not been concluded.
8. Fees
8.1 Use of the service is free for the hirer.
8.2 If, following an enquiry about an item through the rental marketplace, a rental or sales agreement is concluded, erento will charge the rental supplier a commission of 4.9% net (plus VAT) of the price agreed with the hirer. This does not apply to rental suppliers who registered before 18.07.2006, for whom the agreed rate of 4.06% net (plus VAT) of the amount agreed with the hirer still applies.
In the event that a rental agreement is reached following telephone procuring and is the rental supplier not a member with erento at that time, a commission of 10% (plus VAT) is due. The rental supplier pays the commission. The rental supplier is bound to inform erento of the actual amount of the transaction (Art.19 Rental Suppliers Obligations)
8.3 Commission (plus VAT) in accordance with Art. 9.2, is due upon conclusion of the contract. erento will send the rental supplier an invoice of the payable amount by e-mail. With no reminder being sent, the rental supplier defaults on payment if s/he does not settle the account within five days following receipt of the invoice e-mail.
8.4 Placing an item with erento.com is subject to charges. The price is shown in the relevant category and charged to the rental supplier following placement. The amount shown is the monthly fee. The fee is to be paid annually in advance and will be shown prior to placement. The term of the contract is one year and extends for a further 12 months if it is not cancelled 3 months prior to expiry. The cancelled items will be removed by erento following expiry of the contract.
8.5 Special additional services, such as text advertising or teasers etc., are liable to charges. The charges are in accordance with the current price list or an individual offer from erento. erento will send the rental supplier an e-mail invoice with the amount payable. With no reminder being sent, the rental supplier defaults on payment if s/he does not settle the account within five days following receipt of the invoice e-mail.
8.6 The rental supplier has the possibility of paying by direct debit. In this event s/he has to ensure that the required coverage is always available. If this is not the case, or if the debit fails for other reasons, the rental supplier carries the cost of the return debit note in the amount of £10. The rental supplier is at liberty to give evidence of minor damage; erento reserves the right to establish major damage.
9. Rating System
9.1 erento cannot exclude the possibility that individuals use the service with intent to fraud. In particular, erento does not assume liability for the identity of an individual User corresponding to the details s/he has given. erento recommends that you verify the identity of your contracting partner prior to the exchange of services.
9.2 In order to provide an indication of the reliability of a potential hirer or rental supplier. erento has introduced a rating system, the observance and use of which erento recommends. The system is based exclusively on information from prior contracting partners. The information does not reflect the position of erento and does not constitute an evaluation or recommendation of Users by erento. erento does not verify the information given.
9.3 Following settlement of a rental agreement through erento each party will then have the opportunity to rate the other party and, in particular, to give information on the party´s reliability with regard to dealing with the rental agreement. The User is bound only to give information that is true, factual and which avoids wrongfully dispraising the evaluated person. The information may not infringe legal requirements. We would like to draw your attention to Art. 14. It is not permitted to rate yourself or to prompt third parties to rate you in a particular way. It is not permitted to include in the rating, circumstances that lay outside the actual rental agreement.
9.4 erento has the right to delete User rating at any time without giving reasons and without warning, in particularly, if these general terms and conditions are breached and if the rating runs contrary to the intention of the rating system.
10. Use of Personal Details
Contact details that are included in the service from erento, or that become known within the framework of the use of the erento service, may be used by the contract parties solely for transacting rental agreements. It is, in particular, forbidden to use this data for advertising purposes or to send the person concerned unsolicited e-mail, fax or letter or to contact the person on the telephone.
11. Cancellation
11.1 The User can cancel this agreement at any time by sending a written cancellation to the address given in Art. 4.1.
11.2 erento can cancel the User agreement at any time in observance of a notice period of two weeks to the end of the month. The right to extraordinary notice of cancellation will remain unaffected.
12. Liability
Irrespective the cause in law erento is liable solely for those damages or costs that occur as a result of breach of essential contractual obligation and are generally predictable. This restriction does not apply in cases of gross or wilful negligence, for damage to life, limb or health or for product liability as provided in the Consu
13. Release
13.1 The User releases erento from all third party claims asserted against erento because of services or contents placed, including User ratings (Art.10), or due to illegal offer or rental of a legally protected item. This release includes, in particular, the costs of any legal defence necessary.
13.2 The User is bound , in the event of a claim against erento, to provide erento immediately, truthfully and completely with all information required by erento to examine the claim and for defence against the claim.
14. No Set-off
The User may not withhold payment by right of set- off unless claims are legally established or are not contested by erento.
15. Governing Law and Dispute Resolution
15.1 If the User is a tradesperson, entity of a public body or public separate estate, exclusive jurisdiction for all claims arising from the contractual relationship is Berlin.
15.2 The User agreement shall be governed and construed in accordance with the law of Germany
16. Amendments to the General Terms of Use
16.1 erento reserves the right to amend these General Terms of Use at all times and without giving reasons. The User will receive the amended General Terms of Use by e-mail.
16.2 The revised General Terms of Use are deemed accepted if the User does not object within 14 days following receipt of the e-mail. The objection must be in writing. In the e-mail, erento will inform the User of the possibility of objection and the opposition period and will alert the User to the consequences of the failure to act.
II. Special Rules for Rental Suppliers
17. Placing Rental Items
17.1 The rental supplier has the possibility of offering individual items for rent through the rental service from erento. The items placed can be booked either through "erento.com" or entirely or partially through one of the partner portals, which erento maintains in cooperation with other Internet services and in which the service is wholly or partially integrated.
17.2 The rental supplier is bound to place the items in an appropriate category, to describe them correctly and completely as well as to truthfully indicate all specific rental terms, features and characteristics of the rental item essential for making a rental decision.
17.3 DThe rental supplier is not permitted to enter contact details that enable the hirer to directly establish contact with him/her, either in the description or in the rental conditions of the rental item being placed. In particular, it is not permitted to name telephone and fax numbers or e-mail and Internet addresses.
17.4 If the rental supplier also accepts consumers within the legal meaning, as hirers, s/he has to state that the rental price named in the offer is the gross price (including VAT) and other price components, as well as giving the exact rental rate.
17.5 If the rental supplier is an entrepreneur within the legal meaning, and accepts consumers as hirers, s/he is bound, if required, to give all information required under the legal provisions for distance selling, in the legal form and in the stipulated period. In particular, to give his/her identity and identifiable address and to advise of the right of withdrawal. In the case of a Live booking in accordance with Art. 7, this information is to be given upon placing the offer and in the case of the standard method in accordance with Art. 6.
17.6 The rental supplier has the possibility of describing the items to be placed with images that can be uploaded when placing the item on the erento server. The rental supplier assures that by using the images no third party rights, in particular, copyright and personal right of others, are infringed.
17.7 The rental supplier is bound to immediately remove items that are no longer available for rental.
18. Rental Suppliers Obligations / Handling Enquiries
18.1 Following a non-binding enquiry through erento, the rental supplier receives the hirer´s contact details and can immediately enter into a rental agreement with him/her.
18.2 The rental supplier is bound to inform erento of the actual value of the agreement (rent or sale), as erento will receive commission for placement. A tool with which this can be done is available in the log-in area.
18.3 User enquiries can be dealt with in the menu item "enquiries". The rental supplier has access to all necessary information regarding the enquiry. Here, the amount of the transaction can be entered or the enquiry cancelled. The hirer will be informed of all cancellations. erento reserves the right to contact the hirer and request information regarding the booking.
18.4 The enquiry remains in the file "new enquiries" until it has been dealt with by the rental supplier. The rental supplier is bound to deal with the enquiry within a reasonable time (maximal 2 days). E-mail reminders will be sent to the rental supplier. erento has the right to de-activate the items if requests to deal with the enquiry remain unsuccessful.
18.5 If the enquiry is not dealt with and following expiry of the return date an invoice will be generated and sent to the rental supplier by e-mail. The rental supplier´s obligation to inform erento of the actual amount of the transaction will remain unaffected. In this case subsequent invoicing will be initiated.
18.6 If enquiries are not dealt with or cancelled and a rental agreement with the interested party is concluded at a later date and if erento is not informed of this agreement, this can lead to exclusion from use of the service, to cancellation of the item and to instant dismissal by erento. Giving false information with regard to transaction amounts can also lead to instant dismissal and cancellation of the items.
19. Prohibited Rental Items
19.1 It is forbidden to place items in the service and offer them for rental
·if the rental is irregular or culpable,
· if renting, making available or advertising infringes third party rights (in particular, copyrights, performance protection rights, labelling rights, patent rights, rights of use and design protection rights) or other third party rights (cp also Art. 20),
· if they contain symbols of unconstitutional organisations,
· if they are pornographic or otherwise armful to young persons,
· if they are weapons within the meaning of the law on firearms,
· if they endanger health,
· if they are immoral.
19.2 The rental of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The rental company shall be responsible for adhering to these regulations. Where an official license is required by law then only licensed rental companies have the right to list on erento.
19.3 erento reserves the right to remove items that breach the General Terms of Use or violate applicable law, without giving reasons and without prior warning. We draw your attention to Art. 14.
20. Copyrighted Items
21.1 Originals or duplicates of works on which copyrights or performance protection rights exist (e.g. musical works, films, live recordings of performances or concerts, photographs, literary works, maps, paintings, graphics, computer programmes, data bases et.) can only be rented out with the express permission of the holder of the rights. This also applies, with the exception of buildings and works of applied art, even if the original or the copy was put into circulation by sale and with the permission of the holder of the distribution rights, and the rental supplier has legally acquired the original or copy.
20.2 The rental supplier confirms that the holder of the distribution rights on the item has given permission for the item to be rented out. Attention is drawn to Art. 14.
21. Prohibited Details
21.1 The item description given by the rental supplier, including any uploaded images, may not contain advertising for products other than the rental items offered.
21.2 It is not permitted to create links to other Internet offers or to other Internet offers of the rental supplier.
III. Other Provisions
22. Privacy and Data Security
Information on data security and erento´s privacy policy can be found in the
Data Protection and Security Notice.
Any questions?
If you have any questions with regard to the General Terms and Conditions please refer them to support@erento.co.uk.
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