Last update: 2018/10/15
For the purposes of this agreement, (a) a "good" is any product that is available to be rented through the "RNTERS" website (the "web platform"); (b) the "Rnter" is the person that leases any product for a certain period of time using the platform and an "Owner" is a private owner or a partner (defined as "company") who uses the platform to make your property available for rentals. This lease ("contract") through of the platform is a "contract" of legal validity between Rnter and Owner.
Rnters, Unipessoal Lda. ("Rnters") is an integral part of this agreement until to the extent necessary to facilitate the rental transaction and to collect and pay for any the due rate of this agreement. You are the third party involved in this agreement.
By accepting these this contract, the customer is aware that you are also accepting the terms and MangoPay payment service terms and conditions. The terms of service between MangoPay and Rnters are available here.
Owner enters into this agreement and allows the rental and use of your property only in the condition of the Rnter accept all we have provided in this contract. If you do not accept this agreement, the rental of any good available on the platform will not be allowed.
By accepting this agreement for the rental and use of a property, Rnter confirms that:
The Agreement is effective on the date that Rnter accepts the Terms and Conditions of Use provided here. Rnter and Owner, intending to be legally bound, agree with:
By agreeing to this agreement, the Owner agrees to rent your property to Rnter, and Rnter agrees to rent the property to the Owner, subject to the terms and conditions set forth herein, and during the time period accepted through the platform ("rental period").
By making the property available for rent on the platform and by accepting the terms and under this agreement, the Owner acknowledges and confirms that (a) he or she is the owner of the item, or who has full authorization, commitment or any other permission to enter into this agreement and rent the good to Rnter; (b) the good is described in detail according to the current state of the failures or mechanical problems; (c) with the exception of cases duly detailed in the platform, the good is in proper working condition, has been to date and contains all the necessary functionality for the Rnter the intended result during the rental period. The good does not contain any additional equipment unless expressly agreed by the contrary to the description of the property.
(a) In the event that the rental is canceled by Rnter to: (i) more than twenty-four (24) hours, all funds shall be reimbursed at least twenty percent (20%) of the cost of the rental in order to cover administrative costs and damages caused to the Owner; (ii) less than twenty-four (24) hours from the start of the rental period, including after beginning of the same period or because Rnter did not appear at the agreed time and place by both parties to start the rental period, Rnter will be charged the rent without any right to reimbursement, previously agreed platform and this contract; (b) In the event that the rental is canceled by Owner to: (i) more than twenty-four (24) hours, Rnter will receive a full refund and the Owner will with a debt to Rnters of administrative costs related to reimbursement to be settled in a future rental or when it is possible; (ii) less than twenty-four Rnter will receive a full refund and the Owner will be indebted to the Rnters of the total commission amount receivable from this rental by Rnters. Note: it is the responsibility of the Owner to manage the availability of your property and after accepting the commitment to Rnter. If there is more than one cancellation, there will be incremental penalties in proportion to the number of cancellations. (c) Rnters will determine all refunds at your discretion. In the event that the Owner or Rnter is not satisfied with Rnters decision, his sole find a solution - payment or reimbursement of costs - directly to Rnter or to the Owner, respectively. (d) In the event the Owner or Owner fails to appear on the spot and time for the rental, those involved have the possibility to re-dial the meeting, notifying Rnters as soon as possible. (e) Both parties accept and understand that Rnters and Owners will be responsible for on the platform according to the canceled rentals.
If damages occur at the end of the rental period that affect the normal operation of the (recurrent use of the property and do not affect the operation of the property) shall not be considered to be eligible), it is the responsibility of the Owner to first arrange a solution with Rnter so as not to get injured from the rental. If you can not find a solution with Rnter, immediately contact Rnters if need assistance in arbitration. At the end of each transaction a PIN will be issued to the Owner to deliver to Rnter, you should not surrender it if you believe that there is object that damages him. After delivery of the PIN and its subsequent insertion into the platform by part of the Rnter, the rental is terminated. If the complaint does not occur before the end of the transaction, any damage to the asset will be considered to have occurred after the end of the period of rental. If the Rnter at the end of the rental period does not return the property and does not go into contact with the Rnter within twenty-four hours (24 hours) to arrange an hour of delivery or return of the goods at this new delivery time, the responsible for reporting the situation to a police department and providing a copy to Rnters. Rnters will be responsible for collaborating with the police department person responsible and will use all means at his disposal to hold Rnter accountable and see the Owner reimbursed a market value of your property.
No one else can use or operate the property except Rnter. Rnter is forbidden to use this property for personal gain, including selling, hiring, leasing or loan. Rnter can not make changes to the property for the usufruct of another. Rnter should always take into account all adverse conditions that could affect sure of the good.
Rnter agrees to return the property to the Owner under the same conditions as it did at the beginning of period of rental, not including minor damage resulting from normal use of the property and that do not affect the operation of the same, at the date and place specified by the Owner at the beginning of the rental period. Rnter agrees to deliver the goods sooner if required by the Owner. Rnter accepts the existence of additional costs if the goods are delivered on a date, time or different location than what was stipulated at the beginning of the reservation. Including delay costs and additional rental costs at a value not lower than the daily cost of the rental. If Rnter not deliver the property to the Owner on the date, time and location provided, and do not contact the Owner or Rnters (platform) within twenty-four hours (24h) with the suggestion of a time alternative then: (a) Rnters will determine that Rnter had no intention of returning the good; (b) Rnters will do everything to charge the Rnter through being a credit card the value of integral market of the good, together with any amount due to Rnters; (c) Rnters or the Owner may in legal terms recover the property; (d) Rnters and the Owner may exercise other rights and remedies, and use the necessary measures, to reappropriate the property and/or collect the total amount due by Rnter.
If the Owner does not appear at the time and place agreed for the return of the property, Rnter remains responsible for the product and its consequent safety. In this case, Rnter should enter in contact with Rnters to arrange an alternative method for the return of the property, which it may be through a partner company or another location determined by Rnters. The Owner you will be responsible for taking all costs incurred by Rnters to find this alternative method of returning your asset. The Owner realizes and recognizes that if these costs exceeds the amount it has to receive from the rental of your property, or other amounts in credit in your account, your property will not be released or returned until payment to Rnters is found liquidated. Rnters shall not be liable for any delay or loss of use of the good due to Owners failure to show up at the previously set location or not to proceed immediately to the payment of reimbursement of costs associated with the alternative method of devolution assumed by Rnters.
The Owner may reappropriate his property through legal channels at any time if: (a) the property is used in violation of the law in force: (b) it appears that the good has been abandoned; (c) the good was used in violation of any condition of this agreement; (d) Rnter made a representation incorrect good; (e) Rnter did not return the good at the due time. The Owner is not required to notify Rnter prior to reappropriation.
The usufruct of the property is limited to the general geographical area defined by Owner and Rnter. O Rnter will use good outside this area and will not remove good from this area. Rnter agrees not to rent or permit the rental of the property in any area where the operation is illegal or inconvenient for others. Rnter will not use or permit use for any illegal purposes, including transport of controlled substances or smuggling. Violation of this paragraph ends the rental automatically makes Rnter liable for any cost, fine, confiscation, attachment, costs of recovery and storage, and any legal costs associated with breach of this paragraph.
Rnter must pay the Owner for any damage that affects the operation of the property or in case of regardless of whether you use guilt (eg, to accept to pay regardless of whether it was another person responsible for the damage caused or is in default). Rnter is also responsible for cases of theft or vandalism, regardless of guilt or have been taken for the protection and safety of the property (including the use of provided by the Owner). If the property is damaged, Rnter agrees to pay the reasonable costs of repair and reduced value, if applicable. If the good is lost or damaged in addition to possible arrangement (determined by the Owner), Rnter will be responsible for payment of the fair market value determined by Rnters in its discretion. In addition to the foregoing, Rnter shall be liable for the reasonable loss of use of the by the Owner, at a reasonable administrative fee determined by the Owner or by the law, adding any storage or relocation costs made for re-acquisition of the good. In the event of theft, Rnter will be responsible for paying a loss of use to a daily cost for every twenty-four (24) hours in which Rnter delays paying the full amount. The Rnter is also responsible for any loss if; (a) Rnter abuses the good or uses it against all the indications specified in this contract; (b) uses the good in a harmful and without responsability; (c) uses the good under the influence of alcohol or under a controlled substance; (d) Failure to report an accident to the police, Owner or Rnters at the time; (e) failure in report the accident to a competent authority; (f) obtains the good through fraud or misrepresentation of Rnter; (g) uses the good illegally. Rnter authorizes the Owner to collect at any any applicable loss and/or damage to property. In the event that the Owner to recover its property through a third competent authority, after the payment of the Interest Owner of all or part of the value of the property, the Owner is responsible for reimbursing the Rnter at any amount in excess of the amount of loss plus any administrative costs incurred, cost of recovery of the good and legal costs (advocacy).
If required, Rnter agrees to pay all costs, charges (including those applicable to extra services and equipment), plus applicable fees, fares, and surcharge (if applicable), which lease, including, without limitation, costs arising out of the loss and/or damage to the good. Rnter accepts and authorizes Rnters to charge any cost to the payment method used by Rnter to pay the rent.
Rnter accepts that he or she needs to have deposited the debit, credit, or other card an amount equivalent to the total value estimated for the rental in accordance with the applicable rates indicated in this agreement. Rnter authorizes Rnters and the Owner to collect, due to the rental, credit card or other payment provided at the time of payment. Charges for rental periods are made at the time of booking. In the event that the Owner does not accept the reservation, the money will be automatically refunded to Rnter. Rnters may create an authorization for an additional fee to be processed on Rnters credit card or other payment method as a form of deposit which will only be charged in case of breach of any clause contract. In the event of satisfactory compliance and return - without damage and without delay - the Rnter will not have any penalty and consequently will not be charged any deposit.
If Rnter experiences any malfunction with the property during the rental period, immediately contact Rnters or the Owner for repair authorization. All unauthorized repairs will be cost, expense and full liability of Rnter. Rnter understands that the Owner will not reimburse him if he repairs the property without authorization Preview. All repairs required due to the use of the good (except wear and tear non-abusive use) shall be carried out on the basis of a normal working time and the costs arising from the repair, including all parts, will be borne by Rnter.
The property remains, at all times, the sole property of the Owner.
Rnter understands and recognizes that good uses can be dangerous activities which involve risks known and unexpected that may result in physical or emotional damage, paralysis, death or damage to the auto, property or third party. Rnter understands that such risks can not be eliminated by Owner without compromising the essential qualities of this activity.
Rnter consciously assumes voluntarily all risks related to the operation and possession of the good including, without limitation any death or corporate injury to any person or damage materials for any property that may result from the operation of good or possessed well even if such loss or damage caused for any negligence of Owner, Rnters, its agents, employees, employees, partners, members, successors and/or assigns. Pending to know all risk associates, Rnter freely assumes all risks of injury and/or personal injury in the use of good and Rnter agrees to maintain the Owner and the innocent Rnters of all claims of injury or damage.
In consideration to the Rnter renting the good, the Rnter specifically frees and forever releases the Owner, Rnters, and its affiliates, directors, agents and employees of any and all responsibility or liability for injury, illness, death or loss or damage to the property that the Rnter may suffer while renting a good and participating in associated activities. This release specifically includes, but it is not limited to, liability or injury claims, illness, death or damage caused by the negligence of Owner, Rnters, or its affiliates, directors, members, managers, agents or employees. It is the express intent of this agreement that Rnter release Owner and Rnters and keep them safe from any and any liability for any loss or damage to property, injury or loss of life, caused by negligence of Owner or Rnters, whether based on breach of contract, breach of warranty, or any other legal theory. By agreeing with this agreement, Rnter recognizes fully, if lesion, sickness, death or damage occurs while involving this rent or participate in subsequent activities with the good, Rnter will not have the right to make one claim or open a procedure against Owner, Rnters or its affiliates, directors, members, agents or employees, even if some of they negligently cause any injury, illness, death or damage.
Rnter agrees to indemnify and hold against Owner and Rnters and its subsidiaries, agents, licensors, members, managers, directors and other affiliated companies and their employees, contractors, agents, executives and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including lawyers) arising out of, related to, or otherwise related to, or resulting from Rnters participation in this activity or use of the purpose, including the possession, use, operation or return and including any of these claims which cause negligence or omission Owner or Rnters. In case Owner, Rnters or any person agreeing in his name, thank you to incorrect in taxes and costs of lawyers to make this agreement fulfilled, Rnter agrees to indemnify and inmine them for all these fees and costs.
Neither Owner nor Rnters will be liable to you if Rnter causes any other person or if Rnter damses another good or personal goods from others. Rnter agrees to protect, defend, indemnifying and innocating Owner and Rnters and paying any claims, including attorneys, arising out of a third party arising from the use of the good by Rnter and any liability associated with any accident/bodily injury as a result of use of good by Rnter.
Rnter represents and warrants that he or she has adequate insurance to cover any damages or injury which Rnter may cause or suffer during its participation in the activity, and in all events Rnter agrees to bear the cost of such injury or damage. Rnter you understand and agree that Owner and/or Rnters may make a claim against any insurance coverage Rnter maintains, will responsibility, accidents, personal insurance or health, in the event of any loss, damage, death or damage to the person or property during the using or operating good. Neither the maintenance of, or fails to maintain, any suitable insurance exempt Rnter from any responsibility.
Rnter represents and guarantees that he or she should be in good physical health to participate no use of good. Rnter certifies that it does not have medical or physical conditions that could interfere with your own safety in this activity, or then Rnter is willing to assume any liability, damages or costs that may be created, directly or indirectly, by any this condition.
There is no warranty of any kind. The good is provided to the Rnter exactly as it is available. To the maximum extent permitted by applicable law, the good is provided without warranties of any kind, express or implied, including without limitation the implied warranty of merchantability and the warranty of fitness for a particular purpose. Without limiting the foregoing, the Owner does not guarantee that the good will meet Rnters requirements.
(a) To the maximum allowed by law, in no event the Owner or Rnters, your affiliates, affiliates, agents, partners, managers, directors, executives, employees, or suppliers be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of profits, use, data or other intangible losses, resulting from any rent or the use, or inability to use the good. (b) If Owner or Rnters, or its affiliates, agents, directors, employees, or suppliers be liable for any liability to Rnters or any third party it is limited to the highest amount between (i) the total fees paid effectively on the platform (ii) $100. (c) This section of limitation of liability applies to the alleged responsibilities in contract, negligence, strict liability or otherwise, even if Rnters you have been advised of the possibility of such damages. The limitation of liability shall be applied to the maximum extent permitted by applicable law.
This agreement, as well as any rights and licenses granted herein, may not be transferred or transferred in any Owner or Rnter.
Rnters will be a third party beneficiary of this agreement with the full rights to do fulfill the provisions relating to Rnters here.
This agreement will be regarded by the internal substantive laws of the portuguese state, without its conflicts of legal principles. The application of the united nations convention on contracts for the international sale of goods is expressly excluded. Any claim or dispute between Rnter and Owner that arises in all or in part of the rental of good will be decided exclusively by a court of competent jurisdiction nearest to Owner residence.
No waiver of any term of this agreement will be considered an additional or continuation of such term or any other term, and the failure of a party to make any value right or disposal under this agreement shall not constitute a waiver of such right or disposition.
This agreement constitutes the entire agreement between Rnter and Owner, regarding the rental of good. If a court of competent jurisdiction considers any provision of this invalid agreement, the invalidity of such disposal shall not affect the validity of the remaining provisions of this agreement, which will remain in full vigor and effect.