GENERAL CONDITIONS OF DAILY RENTAL
When contracting the rental service, The Client acknowledges that he has read and fully accepts, without reservations, the terms and conditions of the Service stipulated in this document. These general conditions prevail over any other general or specific condition not expressly approved by HERMANOS ROJAS..
1.- Identification Data
José Rojas Store with ID 25712835P
Address: Avd. Gregorio Diego no. 18 Málaga Oeste Pta Business Center 3 CP 29004
2.- Introduction
These general rental conditions (hereinafter “the Conditions”) will be applicable among the ROJAS BROTHERS company (hereinafter “RED BROTHERS”) whose purpose is rent, of all types of goods whose destination is sports use and consumption and is the owner of the article that is the object of this contract and the Client (hereinafter “The Client”) who acts in his own name and representation and declares under his strict responsibility, who has reached the age of majority (18 years) and has full capacity to act. should be, in any case, previously accepted by the Client.
In case of modification of the same by HERMANOS ROJAS, the conditions to apply to each Client, They will always be the ones you accepted at the time of contracting..
The Client, prior to contracting and in any case in the payment process, will be able to access, File and print these conditions for your reference. These Conditions will be available in Spanish.
3.- Service Description
The Service offered by HERMANOS ROJAS is a rental service consisting of making available to its clients a new daily rental service so that they can live new sporting experiences..
To enjoy our new rental service, We put at your disposal both our website www.paddlesurfmalaga.com, like a personal treatment.
Based on this, first of all, The client must check if their favorite website paddlesurfmalaga.com has the daily rental service available.
Payment will be made in person upon delivery of material, and for this the collaborator will send a link via SMS or EMAIL to the client, with which you can make the payment of your rent (To do this you must have a visa or mastercard) either cash or BIZUM .
Once payment is completed, you will receive a confirmation email, as well as a copy of the General Rental Conditions for days in which all the information is detailed. From this moment on, your rental reservation will be available on the dates indicated on the invoice., and the collaborator will proceed to deliver your reservation so that you can enjoy the rental.
4.- Condition and use
HERMANOS ROJAS leases to the Client the sports item that is the object of this contract that is, as acknowledged by the Client – after having examined it – in perfect condition.
The rented sports item will be used solely and exclusively for the Client's sports and leisure activities., and can only be used by the latter or by the minors of whom he is the guardian in the event that the product is intended for the use and enjoyment of said minor., under the absolute responsibility of the same.
Consequently, Total or partial subletting of the same for commercial purposes is strictly prohibited.. Besides, The sporting item may not be used for any professional activity that you may carry out., under penalty of automatic annulment at the initiative of HERMANOS ROJAS, without prejudice to the corresponding compensation for damages and losses caused.
Finally, The sporting article may not go abroad without prior written authorization from HERMANOS ROJAS., and in that case before going abroad, The Client must take out insurance for this purpose on his own account and at his expense..
5.- Product features and delivery
Before contracting the Service and in accordance with the Royal Legislative Decree 1/2007, of 16 November, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws, The Client will be able to obtain information from our advisors, about the technical characteristics and conditions of each product you wish to rent.
The Client is free to choose the sports product they wish to rent and acknowledges having been informed of the technical specifications before renting..
The Client declares that said product is the one indicated for use based on his or her height., weight and sports level.
Therefore, HERMANOS ROJAS is not responsible for the inadequacy of the Products to the Client's needs and is therefore exempt from all responsibility for any mishaps that may be suffered as a result of the use of the same..
HERMANOS ROJAS always recommends using the safety elements necessary for the safe use of the product..
The Client is free to subscribe or not to take out an insurance policy for this purpose, both for the coverage of his own civil liability and for the coverage of possible bodily accidents resulting from sports practice., However, HERMANOS ROJAS recommends it since practicing sports always carries a risk..
6.- Payment conditions and credit procedure.
6.1 Terms of payment
To proceed with the payment, the client may choose three options:
1.- Reserve it on the Web and once the material is delivered you can pay for it by CARD, CASH or by BIZUM. During this process, The client must accept the General Conditions of the Rental for days and the General Conditions of Use of the rental for days, as well as the Privacy Policy.
During the payment process, The client will pay the entire amount corresponding to the rental days they have contracted..
2.- Generate your rental reservation from the website or physically with the collaborator.
.6.2 Bank cards accepted
Only Visa and Mastercard credit cards are accepted. The Client undertakes to be the holder of the bank card and/or to have the right to use it for the purposes of this order..
6.3 Validation of the Contract and start of the rental period
The Service begins at the moment in which the Client has accepted and validated the general conditions and has proceeded to payment..
7.- Duration and termination
The duration of the rental will be as indicated on the website, which may be for days depending on each product, without a maximum time (The client will choose the period they consider and pay through bizum, cash or card).
The period will begin to count from the day on which the client has taken possession of the rented sports item., during which you will have the right to freely terminate the contract at any time and without any penalty before the start of the rental period.
To make it possible, You will have to contact the company HERMANOS ROJAS with which you have requested your rental.
The cancellation will be effective when the client receives a confirmation of the cancellation of the rental from the HERMANOS ROJAS team.
If the client wants to cancel the same day on which he has taken possession of the rented sports item, once the rental period has started, will be able to do it, but a penalty will be applied, corresponding to the price of 1 rental day.
8.- Return of the sporting goods and customer responsibility for non-compliance.
Once the contract has ended, The Client will be obliged to return to HERMANOS ROJAS, at the place where you rented it, the sports article object of this contract, in the same state of conservation in which it was when it was delivered, except for deterioration resulting from normal use of the same..
The Client is responsible for the custody of the sporting goods from the moment of delivery., until its return to HERMANOS ROJAS.
When the Product is returned to the person in charge, will be inspected in the presence of the Client. In the event that the client returns the rental sports equipment outside the deadlines indicated on his invoice, he must pay compensation., for each day of delay in returning the merchandise, equal to the daily rental rate (extra day), and without prejudice to the greater damages caused to HERMANOS ROJAS.
In the event that the Client does not return all or part of the rented sports equipment, as well as return any of the items broken or partially broken, The client must pay compensation equivalent to the sale price of the sports equipment to which we refer..
In the event of theft or robbery, the Client must report it to the competent authorities and immediately notify HERMANOS ROJAS in writing..
The Customer is responsible in case of damage, theft/theft or loss of sporting goods, whatever the reason and/or cause, and therefore, undertakes to pay HERMANOS ROJAS' the amount corresponding to the sales price with VAT of said sporting goods..
9.- Liability for damages
The Client will be personally liable for any damages caused to the rented sports item due to its use..
The Client is responsible for any damage caused to third parties and/or themselves due to improper use or non-compliance with the corresponding regulations..
The Client will be exclusively responsible for knowing and complying with traffic regulations., navigation or similar that is applicable in each of the locations where you enjoy or use the product.
The Customer is responsible in case of damage, theft/theft or loss of sporting goods whatever the reason and/or cause, and therefore, undertakes to pay HERMANOS ROJAS the amount corresponding to the sale price of said sports item..
In the event of theft or robbery, the Client must report it to the competent authorities and immediately notify HERMANOS ROJAS in writing..
10.- Product Ownership
Throughout the rental period, The product will remain the exclusive property of HERMANOS ROJAS.
The Client will not be able to claim ownership and will not be able to dispose of the Product (sell it, sublease it for free or for consideration, etc.) without the prior written authorization of HERMANOS ROJAS.
11.- Obligations of HERMANOS ROJAS
HERMANOS ROJAS undertakes to provide the Customer with a Product in good working order and that corresponds to the characteristics precisely described in the delivery signage.. HERMANOS ROJAS has a general safety obligation for the products it markets..
12.- ROJAS BROTHERS Responsibilities
12.1. HERMANOS ROJAS reserves the right to temporarily interrupt access to the Service and/or the Website for maintenance reasons..
In addition, HERMANOS ROJAS will not be responsible for any difficulties or temporary inability to access the Site for reasons beyond its control., due to force majeure or disturbances in telecommunications networks.
12.2. HERMANOS ROJAS does not offer the Client any guarantee regarding the suitability of the Products to their needs., expectations or limitations.
12.3. HERMANOS ROJAS will not be responsible for the non-execution or delay in the execution of the Service due to circumstances, difficulties or temporary impossibility of access to the Website caused(s) due to circumstances beyond their control due to disturbances in telecommunications networks or force majeure as provided for in the article 1105 of the Spanish Civil Code, to which we must add in particular, in case of attack, health crisis or any legal or regulatory obligation or public order imposed by the competent authorities that has the effect of substantially modifying these GCs.
12.4 In any case, The liability that HERMANOS ROJAS may incur under these conditions is expressly limited to the direct damage suffered by the Client..
13.- Intellectual property
HERMANOS ROJAS retains all intellectual property rights related to its products.. The Service does not imply in any case the granting of a right over the brand or over said rights..
The Client will not be able to make any modification to the Product, including the product itself, its instructions or any element that accompanies the product.
14.- Client Obligations
The Product and its accessories are the exclusive property of HERMANOS ROJAS. They are considered to be in good working order at the time they are made available.
14.1 Security
The Client undertakes to have civil liability insurance that covers the use of the product by the user during the rental period and any damage caused to third parties or their property..
The Customer undertakes to use the Product with due care and to maintain it in accordance with the advice, instructions and/or manuals provided to you when collecting the Product.
14.2 Custody of the Product and prohibition of subletting
The Customer rents the Product for normal use.
In the event that abnormal use/wear of the Product is observed, HERMANOS ROJAS reserves the right to terminate the Service and request any compensation for damages..
The Customer is prohibited from lending or subleasing the Product., especially in the context of a professional activity.
15.- Protection of personal data
In compliance with the provisions of current regulations regarding the Protection of Personal Data, The participants are informed that their data will be processed, The basis of said treatment being the correct execution of this agreement.
The data will be kept while the agreement is in force and in any case, in compliance with legal application prescription deadlines.
No data will be transferred to third parties, except legal obligation or technical need, nor are international transfers of said data planned., what case it should be done, They will be done with all the guarantees.
The Client can exercise their access rights, rectification, suppression, portability and the limitation or opposition, by email to: js.rojastienda@gmail.com, simeonrojastienda@gmail.com
16.- General Conditions Modification
HERMANOS ROJAS reserves the right to modify these General Conditions. In case of any modification that affects the essential conditions of the Contract, HERMANOS ROJAS must notify the Client in advance within a reasonable period of time..
17.- Early termination
HERMANOS ROJAS reserves the right to terminate the Service in the event of non-compliance by the Client with its obligations under said contract and, in particular, in case of false declaration regarding the identity of the Client, in case of non-return of the Product and accessories on the agreed date, non-payment of rent or repairs, late fines or the amount of rent still owed in the event of theft, serious and repeated non-compliance with the instructions for use of the Product, that may be detrimental to the integrity or safety of the Product or third parties, or the good image of the Service, subletting of the Product by the Customer, breach of the intellectual property rights of
HERMANOS ROJAS by the Client and the use of the Product within the framework of a professional activity.
18.- Claims
If the Client wishes to file a claim, You can contact customer service at the following address:
Via telematics through the page: paddlesurfmalaga.com
Via telephone through: 673192567 y 622953971
via whatsapp: from Monday to Saturday 10 hours to 20 hours +34 673192567 y 622953971