RENTAL AGREEMENT
In between:
Bag4Days Lda., NIPC 514 160 578, headquartered at Rua do Progresso 140 - Lt 1 - Fraction BI - 4760 - 841 Vilarinho das Cambas, hereafter referred to as LOCATOR; and
the user of the website www.bag4days.com, hereinafter referred to as the RENTER,
This Suitcase Rental Agreement is governed in good faith and is governed by the provisions of this Agreement and the Terms and Conditions of Use of the Website which forms an integral part of this Agreement.
First Clause
OBJECT
The purpose of this contract is the fixed and fixed rental of security lockable luggage which is the sole and exclusive property of the LESSOR, hereinafter referred to as “suitcase (s)”.
The object of this contract is only the rental of bag (s) selected by the LESSEE on the site www.bag4days.com, according to the availability of the LESSOR, with the provisions of this rental agreement and the terms and conditions of use of the site.
The colors of the bags on the site are merely examples of the bag model concerned, so the rental of the bag in the color selected by the LESSEE is dependent on the availability of it at the LESSOR.
Second Clause
TERM
The term of the lease is that defined by the LESSEE at the time of the conclusion of this contract, according to the date options available by the LESSOR on the site.
The rental of the suitcase (s) is concluded for a minimum period of 4 (four) days and a maximum of 60 (sixty) days.
LESSEE may request by email or telephone the LESSOR to extend the rental period of the bag (s) upon payment of the rental extension period and express agreement by the LESSOR.
The conclusion of the contract to hire luggage (s) must be done at least three (3) business days in advance of the intended date of receipt of the suitcase (s).
Third Clause
VALUE
The rental value of the bag (s) selected by the LESSEE is communicated to the LESSEE at the time of the conclusion of this contract and calculated according to:
It is solely for the LESSEE to choose the bag (s) according to their availability by the LESSOR; the term of the rental; and the place of delivery and collection.
This rental agreement is considered to be concluded only upon payment of the full rental price of the suitcase (s) and the security deposit through the selected payment method or by bank transfer or bank account deposit. indicated by the LESSOR and sending the respective proof of transfer or deposit.
For appropriate purposes, payments and transfers shall be deemed to be completed upon release of the amounts by the payment systems made available to the LESSOR.
The value of the rental of the bag (s) indicated by the LESSOR and charged to the LESSEE is already included the value of the sending and collection of the bag (s) at the address indicated by the LESSEE.
(i) rental value of the suitcase (s);
(ii) term of the lease;
(iii) place of delivery;
(iv) place of return;
(v) amount of security delivered.
Fourth Clause
CAUTION
Upon the conclusion of this contract, the LESSEE is required to provide cash security.
Upon collection of the contracted bag (s) at the end of the term of the rental agreement without any damage to the rental contracting the normal use, the LESSOR will proceed to return to the RENT of the security provided at the time of hiring within 30 (thirty) days after the end of the contract and return of the bag (s).
Until the LESSOR has received the suitcase (s), the LESSOR reserves the right to withhold the amount provided as security.
If the rented bag (s) are not returned by the end of the rental agreement, the amount provided as security at the time of hire will not be returned to the LESSEE, without prejudice to the obligation to return the rental. (s) suitcase (s) by the RENTER.
Fifth Clause
LESSEE RESPONSIBILITY
After the conclusion of this contract in the process of using the site, the LESSEE will receive on the date and address indicated the bag (s) object of this rental agreement.
Upon receipt of the bag (s), the LESSEE expressly assumes responsibility for the safekeeping and prudent use of the bag (s) subject to this contract, expressly assuming responsibility for any loss, destruction and abnormal wear of the bag (s). s).
Renter is expressly prohibited to wash the bag (s) with water or any kind of liquid or product.
The LESSEE expressly assumes all responsibility for the repair of damage caused to the bag (s) object of this contract resulting from its misuse and which compromise the structure of the polycarbonate fiber thereof.
It is solely for the LESSOR, without the possibility of contestation by the LESSEE, the verification of the existing damage and caused in the suitcase (s), as well as the conclusion on the possibility of repairing the same (s).
In the event of verification of the damages referred to in paragraph 4. above, the LESSEE expressly agrees and authorizes that the amount of the damage repair be directly discounted by the LESSOR from the value of the security delivered at the time of the execution of this contract.
In the event of irreparable damage, the LESSOR expressly agrees and authorizes the LESSOR to directly discount the amount of the security delivered under the terms of the previous paragraph, pledging to pay the difference between the value provided as security and the venal value of the security. damaged case (s).
LESSEE's liability does not include damage to the case (s) resulting from natural wear and tear due to the prudent and responsible use of the case (s) and to the damage to its component parts which may be repaired or recovered, in particular, damage to wheels, handles, rods and latches.
The LESSEE assumes full responsibility for reimbursing the venal value of the bag (s) in case of theft or theft during the term of this contract, the amount to be deducted from the security deposit.
In the event of theft or theft, the LESSEE shall immediately inform the LESSOR and send a copy of the criminal complaint made to the competent authority, without prejudice to the provisions of paragraph 4 of Clause Four.
In the event of loss or loss due to the liability of third parties, namely airlines, handling companies, road or sea companies, the RENT shall send a copy to the LESSOR of the lost or irregularity registration form found in the bag (s) presented. to the entity responsible for the loss, without prejudice to the provisions of paragraph 4 of Clause Four.
Sixth clause
LESSOR'S RESPONSIBILITIES
The LESSOR is responsible for the delivery and collection of the bag (s) on the date and address indicated by the LESSEE, at the time of the conclusion of this contract.
The LESSOR undertakes to deliver the bag (s) in perfect condition on the date indicated by the LESSEE.
In the event that any damage or malfunction to the luggage (s) covered by this contract is verified at the time of rental, as well as dirt and odors, the LESSOR undertakes to replace the luggage (s). ) within 24 (twenty-four) hours, according to the availability of the suitcase (s) and convenience of the LESSOR.
The communication of the existence of any damage, malfunction, dirt or odors must be made to the LESSOR at the moment of the receipt of the suitcase (s) by the LESSEE.
The case (s) may contain scratches or scratches on the outside of the case (s) without compromising their normal use, or constitute grounds for replacement under paragraph 3 of this clause.
Seventh clause
DELIVERY
The baggage (s) object of this agreement will be delivered to the LESSEE at the location indicated by the LESSEE by the LESSOR's partner carrier in perfect condition of cleanliness, sanitation, conservation and operation by 19:00 on the day indicated by the LESSEE at moment of conclusion of this contract.
It is the responsibility of the RENTER to ensure the effective reception of the bag in the place indicated for this purpose.
If the delivery of the bag cannot be made at the address and date indicated by the LESSEE, or even the location indicated is not real or safe, or is subject to special conditions of delivery, the LESSOR may cancel the delivery and rental of the suitcase (s), refunding the values delivered by the LESSEE.
Eighth clause
EXCHANGE
The replacement of the rented bag (s) may be requested by the RENTER only if the renter (s) have malfunctioning, damage, dirt and odors, committing to LESSOR to make its replacement pursuant to paragraph 3 of Clause Six.
To make the requested exchange, the LESSEE shall return the rented bag (s) to the LESSOR within 24 hours, except weekends and holidays, from the date of delivery of the bag ( s).
Upon return of the bag (s), the LESSOR will verify the non-use of the bag (s) by the LESSEE and the existence of malfunction, damage, dirt and odors invoked and will send another (s). ) Suitcase (s) to the RENTER within the period referred to in paragraph 3 of Clause Six.
Ninth Clause
USE OF THE CASE (S)
The LESSEE is responsible for the responsible and prudent use of the bag (s), not using it for any illegal, illegitimate or contrary to good customs purposes.
The bag (s) are delivered to the LESSEE completely empty and sanitized and it is up to the LESSEE to return the same (s) in good condition and completely empty.
The LESSEE is responsible for checking the bag (es) at the time of delivery and reporting any non-compliance immediately to the carrier of the carrier responsible for the delivery.
The RENT assumes responsibility for the use of the bag (s) from the moment of delivery of the bag (s) by the carrier, accepting the condition and conditions in which they are, without prejudice to the possibility of requesting the exchange, pursuant to the provisions of Clause Eight.
Any trace of LESSEE's use of the bag (s) for illegal or illicit purposes will be immediately reported by the LESSOR to the appropriate authorities.
Tenth Clause
CASE RETURN
RENTER undertakes to return the rented bag (s) as defined at the time of hire.
The return must be made directly to the LESSOR's partner carrier on the date defined at the time of contracting for the purpose.
If it is not possible to make the return by sole responsibility of the LESSEE, the LESSEE is responsible for the payment of a new transportation fee for the scheduling of a new return date and a fine of 10 (ten) euros due for each new date. rescheduling, the value of which shall be discounted from the value of the security
Should the bags be returned with dirt, stains or odors, the LESSEE is liable to pay a fine corresponding to twice the daily value due for the rental contracted, for the purpose of payment by the cleaning service, whose value should be discounted. of the value of the security provided
Each bag subject to this contract is accompanied by a lock or padlock with a secret opening code. The LESSEE assumes full responsibility for the payment of the amount corresponding to the value of the bag (s) in case of change of the secret that is not immediately communicated in writing to the LESSOR through the customer support email contained on the site.
Tenth Clause
CASE RETURN
RENTER undertakes to return the rented bag (s) as defined at the time of hire.
The return must be made directly to the LESSOR's partner carrier on the date defined at the time of contracting for the purpose.
If it is not possible to make the return by sole responsibility of the LESSEE, the LESSEE is responsible for the payment of a new transportation fee for the scheduling of a new return date and a fine of 10 (ten) euros due for each new date. rescheduling, the value of which shall be discounted from the value of the security
Should the bags be returned with dirt, stains or odors, the LESSEE is liable to pay a fine corresponding to twice the daily value due for the rental contracted, for the purpose of payment by the cleaning service, whose value should be discounted. of the value of the security provided
Each bag subject to this contract is accompanied by a lock or padlock with a secret opening code. The LESSEE assumes full responsibility for the payment of the amount corresponding to the value of the bag (s) in case of change of the secret that is not immediately communicated in writing to the LESSOR through the customer support email contained on the site.
Eleventh clause
DELAY IN CASE RETURN
The LESSOR undertakes to inform the LESSOR as soon as it becomes aware of a possible delay in the return of the bag (s) in order to assess the possibility of extension of the rental period of the same (s).
In case of impossibility or lack of agreement for the extension of the rental period, the delay in the return of the bag (s) will result in a fine corresponding to twice the daily rental value made, for each rented bag, for each day of late payment, the value of which will be deducted from the value of the security provided at the time of the conclusion of this rental agreement.
If the delay in returning the rented bag (s) is longer than 30 (thirty) days, the LESSEE of the bag (s) which will be charged under number previous.
Clause Twelve
CANCELLATION OF RENTAL FROM RENTER
RENTER may request cancellation of the rental of the suitcase (s) via email or telephone within 10 (ten) days prior to the requested date of delivery of the suitcase (s).
In case of requesting cancellation of the rental under the previous number, the RENTER may choose one of the following alternative hypotheses:
In case of request of cancellation of the rent by the LESSEE within less than indicated in number 1 of this Clause, but within 5 (five) days before the requested date of delivery of the rented bag (s) , LESSEE may choose one of the following alternative options:
In case of request of cancellation of the rental by the LESSEE within a shorter period than indicated in the previous number, the LESSEE may request the issuance of a voucher with a credit of 50% of the rented value canceled for use within 12 (twelve) days. ) months from the date of issue.
Refund of the full rental amount upon return of the payment made by the means used to pay the rental amount at the time of the conclusion of the contract, which will occur within the period stipulated by the entity responsible for the respective payment. If the payment has been made by bank transfer to the LESSOR's account, or by direct deposit to the LESSOR's account, the refund will be made within 30 (thirty) days; or
Issuance of a voucher with credit of the rental amount canceled for use within 12 (twelve) months from the date of issue.
Refund of 50% of the rental price upon return of the payment made by the means used to pay the rental amount at the time of the conclusion of the contract, which will take place within the period stipulated by the entity responsible for the respective payment. If the payment has been made by bank transfer to the LESSOR's account, or by direct deposit to the LESSOR's account, the refund will be made within 30 (thirty) days; or
Issuance of a voucher with credit of the rental amount canceled for use within 12 (twelve) months from the date of issue.
Thirteenth Clause
DISCLAIMER
The LESSOR's liability for any failure to deliver the bag (s) is limited to the rental price contracted.
LESSOR is not liable for the unavailability of the bag (s), exchange or impossibility of delivery of the bag (s) on any specific date for any travel or transport intended by the LESSEE, and This is the duty to anticipate the hiring and request of the bag (s), as well as to verify its conformity with the due advance notice.
The LESSOR is totally unaware of any responsibility for the use of the LESSEE's bag (s), or any other person designated by the LESSOR.
It is excluded any civil or criminal liability of the LESSOR for the use of the bag (s) object of this rental agreement.
It is also excluded any liability of the LESSOR for the compensation of any damage caused by the bag (s) and use thereof.
Fourteenth Clause
CONTRACT REFUSAL AND CANCELLATION
The LESSOR may refuse or cancel this agreement at any time without notice, without invoking any reason or justification.
In the event of LESSOR's default, the LESSOR reserves the right not to enter into new agreements with the LESSEE who has previously breached the rental agreement.
Fifteenth Clause
ILLEGAL OR INVALID PROVISIONS
If any provision of this agreement is held to be illegal or invalid, the remaining provisions shall continue to apply.
Sixteenth Clause
APPLICABLE LAW
This contract will be governed by Portuguese Law.
Seventeenth Clause
DISPUTE RESOLUTION
Any disputes or disputes concerning the interpretation and / or performance of this agreement shall be subject to prior conciliation between the parties.
Eighteenth Clause
FORUM
In the absence of agreement on any disputed issue will be the dispute or dispute submitted to the forum of the Vale do Ave Consumer Conflict Arbitration Center and not reaching agreement will be referred to the District of Vila Nova de Famalicão, Portugal, with express waiver of any other.