General Rental Terms and User Information of www.gearrilla.com
Scope and Contractual Partners
These General Rental Terms and User Information of www.gearrilla.com (in the following "Terms and Conditions") of Gearalist GmbH, Glaskopfweg 6c, 61479 Glashütten, represented by its managing director Bjorn Beyersdorff, registered in the commercial register of the local court of Koenigstein with the commercial register number HRB 9931 ("Operator" or "Gearalist" in the following) stipulates the provisions for the use of the websites of the Operator www.gearrilla.com by lessor and tenant (lessor and tenant are the "Users" in the following) and shall apply for the rental agreements which lessor and tenant conclude via the website www.gearrilla.com. Users according to these Terms & Conditions are all natural persons or legal entities or associations of individuals, which use the service of the Operator as source of information, for initiating or for the conclusion of rental agreements, regardless whether they intend to conclude a rental agreement as tenant or lessor. The contract language is German.
Contractual object /Subject matter
Gearalist operates the online platform www.gearrilla.com which allows Users to enter into rental agreements of all kinds. The rental agreements that are processed via this platform are rental agreements for equipment (gear) including but not limited to backpacks, bicycles, outdoor equipment as well as water and snow equipment according to Sections 353 et seq. of the German Civil Code (BGB) ("Gear" in the following).
Registration on www.gearrilla.com
The use of the Operator’s website is restricted to Users of full age (18 years and older). Gearalist reserves the right to reject the registration of Users without giving any reasons respectively to exclude existing Users from the possibility to conclude rental agreements. The conclusion of rental agreements between lessor and tenant is only possible if lessor and tenant are registered on the online platform www.gearrilla.com .
Offer, Conclusion of Contract, Term
The presentation of Gear on www.gearrilla.com represents a legally binding offer of the respective lessor to conclude a rental agreement concerning Gear based on the conditions indicated by the lessor (see below for Cancelation/Withdrawal Rights). A tenant can accept an offer to conclude a rental agreement by a lessor by using the order form on the website for a term determined as follows:
If a tenant has accepted a lessor’s offer for any Gear, the lessor shall not let that Gear to another tenant for the term for which lessor and tenant have concluded a rental agreement.
The tenant can determine the requested rental period within the scope of the minimum and the maximum rental period specified by the lessor upon using the order form - more details at Contract Period of Rental Agreements'. By clicking the button "Request to book" or “Book instantly” the tenant gets to the final order form. The next step again shows an overview of the tenant's order which then will be processed by adyen. By clicking the button "Pay” concerning the chosen Gear, an agreement for the selected time period according to the rental charges determined by lessor comes into effect. Upon order the tenant receives an email which acknowledges receipt of the order. After the order tenant will receive an email which confirms receipt of the order and confirms the rental agreement concluded with a lessor.
The order process can be aborted by the tenant at any time completely by closing the browser window, as long as a valid rental agreement has not yet been concluded.
Payment / Due Date
The rental price shall be paid in Euro. All prices include the respectively valid value added tax. The rental price is payable in advance upon conclusion of the rental agreement. Upon payment of the rental costs agreed upon between lessor and tenant, payment date is the specific date of the order. The payment process is handled by adyen B.V., Simon Carmiggestraat 6-50, 1011 DJ Amsterdam, The Netherlands, under application of the adyen provisions which can be looked up at www.adyen.com. Gearrilla takes responsibility for the correct handling of transactions. If there are any discrepancies, please contact Gearrilla support at [email protected] or use our Live-Chat client.
Storage of the text of the agreements
The order, lessor and tenant data as well as these Terms and Conditions are stored on an internal system of the Operator. The User explicitly accepts the storage of these data by clicking a checkbox at the end of the rental process in order to accept the Terms and Conditions; see also our data protection declaration. The data of lessor and tenant are forwarded to both parties by the Operator, but not to other natural persons or legal entities. The Terms and Conditions can be viewed, stored and printed on this site (www.gearrilla.com ) at any time. Lessor and tenant will receive all relevant data to the rental agreements from the Operator via email.
Contract Period of Rental Agreements
The contract period of a rental agreement which was entered into via this platform (www.gearrilla.com) corresponds with the period indicated by the tenant on the website www.gearrilla.com in scope with the lessor's fixed minimum and the maximum rental period of selected number of days. For billing purposes a rental day begins at 12:00 noon day of collection of the Gear at the lessor respectively at 12:00 noon of the day to be indicated by the tenant to the lessor upon the successful delivery and ends a the same time on the following day. The agreement concluded via the platform www.gearrilla.com ends automatically upon the end of the term, in as much as lessor and tenant have not concluded any complementary agreements. The right for extraordinary termination for good cause remains untouched hereof. It is a prerequisite for a valid termination that lessor receives all Gear completely upon expiration of the period. In case the Gear is not received on time caused by tenant, lessor reserves the right to prolong the rental agreement until receipt; in this case the costs per rental day agreed upon on conclusion of the agreement shall be owed additionally. In general tenant is obliged to inform lessor immediately about a prolongation of the rental term.
Dispatchment / Transfer of Risks
In case dispatch/delivery by lessor was agreed upon upon conclusion of the agreement, lessor shall dispatch to the shipping address provided by the tenant at the delivery date by the consignor chosen by the lessor.
In case a rental agreement is concluded between a commercial lessor and a tenant, risk is transferred to tenant upon dispatch at the point of delivery of the Gear by the consignor. In case a return shipment is placed by the tenant to a commercial lessor the risk is transferred to the lessor upon delivery of the Gear to consignor.
In case a rental agreement is concluded between consumers risk is transferred to the tenant upon dispatch of the Gear to consignor. In case a return shipment is placed by the tenant, risk is transferred to lessor upon dispatch of the Gear to consignor.
If the tenant enters into acceptance default or infringes other obligations to cooperate, lessor is entitled to claim from tenant damage caused in this respect, including possible additional expenses. Further claims remain reserved.
Collection of Gear at Lessor
In case a collection of Gear at the lessor was agreed upon between lessor and tenant entering into an agreement, collection takes place at the address indicated by the lessor.
If the lessor enters into acceptance default with collection or infringes other obligation to cooperate, lessor is entitled to claim damages in this respect for damage caused, including possible additional costs. Further claims remain reserved.
Blocking of the rented Gear
Gear which is released for dispatch/delivery will be blocked automatically for three days prior and three days after rental period. This also applies when Gear released for dispatch will be collected. This will ensure that enough time remains for dispatch and return.
The lessor will not be compensated for the blocked period and the Gear shall not be let otherwise. During the blocked period that particular Gear will not be placed in the search results.
Rental period, tenant as well as lessor protection
The liability-relevant rental period commences with the transfer of the Gear from lessor to tenant, as long it is not agreed upon differently in textual form (e.g. via email or letter). In as far as Gear shows obvious defects (material or production defects, transportation damages) tenant is obliged to inform lessor about these defects immediately with undue delay. In case of personal transfer by lessor to tenant the Gear shall be inspected for obvious defects (material or production defects, transportation damages) on the spot and the damage shall be reported to the respective other Party immediately, which means without undue delay. The Operator provides the Users an according form for documentation of recorded damages of Gear at www.gearrilla.com .
Vesting of Brokerage for Operator
Upon conclusion of a rental agreement the Operator has earned a commission of 20 % of the rent agreed upon between lessor and tenant, including the statutory VAT. The commission including VAT is included in the quoted rent.
Users who got in contact via the platform www.gearrilla.com may not conclude any agreements outside of Gearrilla with each other concerning any Gear posted at Gearrilla.
Damages to / Loss of Gear / Dispute Resolution between Lessor and Tenant
Damages to Gear which occur during the rental period by fault of tenant shall be borne by tenant. In case tenant evidently is not able to settle the damages caused, Operator is held liable for damages up to a maximum amount of EUR 2,500.00 (see Gearrilla Insurance Policy). This does not apply to damages incurred due to malice or gross negligence by either tenant or lessor. The Operator reserves the right to take legal actions against tenant. Upon loss of any Gear tenant shall be obliged to pay the current value of the Gear at the outset of the rental period to lessor. The loss shall be reported to lessor instantaneously.
In case of disputes resulting from the loss of, damage to the Gear, failure to deliver it, cancellation of orders or bookings, refunds, chargebacks, complaints and issues of any kind between lessor and tenant, Gearrilla will act as an intermediary and use reasonable efforts to mediate in respect of such dispute. To resolve the issue the user should contact Gearrilla support at [email protected] or use our Live-Chat client to receive Gearrilla assistance.
If the reasonable efforts fail, Gearrilla, without prejudice to its rights set out under these Terms, may choose to deduct monies up to the estimated value of the Gearfrom the account of the Tenant to compensate the Lessor for the loss or damage of Gear. The compensation amount may vary from case to case and will be decided by Gearrilla in each particular case. Gearrilla will in any case charge a fee of 30% of the rent charged on top of any monies collected in order to cover the service of acting as a mediator.
You can find further information about our insurance model here.
Obligations of the Tenant
Tenant is obliged to take care of the Gear carefully and considerately and to prevent damages thereof. Tenant is obliged to comply with all necessary protective and safety measures such as, but not limited to,
● to use the Gear exclusively for the provided purpose,
● not to store Gear unprotected out in the open (space) and
● overall to handle the specific Gear as if it were own property of tenant.
In case Gear is Gear for toddlers (children up to an age of 6 years), usage of the Gear is explicitly not allowed in closed locations in which people smoke.
In case a damage occurs during the rental period the tenant is obliged to inform lessor instantly in an appropriate manner, if possible by phone call.
Tenant is liable according to the statutory legal provision.
Tenant discharges lessor and Operator of any claims which a third party might claim for damages incurred due to delivery or usage of the Gear. This applies in particular to liability for personal injuries and damage to property which might affect third parties upon usage or non-usage of the Gear. It is not allowed to let Gear be used by a third party, in particular subletting is prohibited. In this case lessor has the right for immediate termination of the rental agreement. In this event tenant carries the costs of return in case lessor had dispatched the Gear.
Obligations of the Lessor
The Gear is posted by lessors on the platform www.gearrilla.com with the button "Add your equipment". The lessor decides in the text boxes "minimum days of rent", "maximum additional days" and "Not available" for which time period he intends to let his posted Gear. By posting the Gear lessor agrees to the Terms and Conditions which he indicates by activating the respective box and clicking on the text button "Preview". By using the button "Post Gear" in the following lessor automatically agrees to publish and to let the posted Gear. Under the heading "My Gear" the posted Gear can be edited, deactivated or deleted at any time as long as there does not exist a rental agreement about this specific Gear. Lessor is responsible that pictures and descriptions of the Gear posted always comply with the actual state of the Gear. The lessor is obliged to disclose all deficiencies of the Gear and is liable for damages to tenant resulting from violation of this obligation. Besides lessor has to make sure that he himself or an authorized third party is at the agreed upon time of collection at the agreed upon place of collection and that the Gear is handed over in the state as described. In case of an agreed upon dispatch with a consignor lessor carries the expenses resulting from dispatch to the delivery address of the tenant. This is valid only for dispatch within the country in which lessor posted the Gear. Additional delivery costs have to be agreed upon with the tenant previously.
Liability of the Lessor
Every natural person or legal entity can become lessor which is listed as lessor at www.gearrilla.com. The lessor will provide tenant with Gear of his choice without fault immediately after receipt of a justified notice of defects for the agreed upon rental period or - in case of an asserted reduction of rent - return the amount which exceeds the already paid rent due to the asserted reduction of rent. Claims for defects will be handled by Gearrilla which will act as a mediator between the parties. Negotiations with independent representatives which are not employed directly by the Operator do not represent negotiations according to para. 203 I German Civil Code (BGB). Lessor is liable within the statutory requirements, in as far as tenant claims for damages based on malice or gross negligence, including malice or gross negligence of legal representatives of the lessor or its vicarious agents. In case of simple negligence of lessor the liability for compensation of damages is limited to the predictable, typical potential damages. In case of breach of secondary obligations - except the pre-contractual secondary obligations - lessor cannot be held liable for simple negligence.
Liability due to culpable breach of loss of life, physical injury and damage to health remains untouched; this this also applies to the mandatory liability according to the product liability law (Produkthaftungsgesetz) and other relevant, mandatory statutory regulations.
In case the lessor is responsible for an incurred delay in delivery or the Gear no longer exists, and a rental agreement has already been concluded, the lessor is liable according to the statutory regulations. Delay in delivery will be compensated only, when the lessor, his/her legal representatives or his vicarious agents can be blamed of gross negligence. Delay in delivery incurs when the Gear has not arrived at the tenant at the outset of the rental period. Compensation due to delayed delivery is limited to predictable typical occurring damages.
Copyright infringement of Photos and Pictures, Monitoring
Gearalist expressly stipulates that only pictures may be published on the platform www.gearrilla.com which have been approved by the copyright holder. The User publishing the contents will be held liable for the lawfulness of the pictures published.
As Operator of the platform Gearalist is responsible only for own contents and information provided according to para. 7 S. 1 German Telemedia Act (TMG), but is not obliged to monitor submitted or stored foreign data according to paras. 8 to 10 German Telemedia Act. The contents of such data will be removed or blocked immediately from the time a precise legal infringement becomes known.
In order to ensure that no illegal, prohibited or counterfeit products and/or services are offered on our platform, we are monitoring the content that is offered at Gearrilla. Our obligations and liability correspond to the mandatory statutory legal requirements.
Terms of Payment
1. The Operator offers the following terms of payment for settlement of the rental agreements between the Users:
Adyen B.V., Simon Carmiggelstraat 6-50, 1011 DJ Amsterdam, Netherlands: Tenant is able to pay safely and free of charge with a credit card. The bank data of the tenant is stored at adyen so that these need not be entered with every payment. Rent will be debited from the stored credit card immediately and will be credited to lessor less the brokerage for the Operator who will be informed immediately.
Adyen credits the paid rent less the brokerage of the Operator directly to the lessor. Payment will be in Euro. Payment is done by adyen exclusively. There is no other type of payment available.
2. If a dispute arises with one or more Gearrilla users, Gearalist releases Adyen (and its officers, directors, agents, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes, unless Adyen (and its officers, directors, agents, and employees) are jointly liable under applicable law.
Right of Withdrawal/Revocation and Effects of Withdrawal/Revocation Consequences
If a rental contract is concluded between consumers within the meaning of § 13 BGB (any natural person who concludes a legal transaction for a purpose that can be attributed neither to their commercial nor independent professional activity) via the platform www.gearrilla.com, they have a contractual right of revocation within 14 days of having concluded the rental agreement according to the following provisions:
Consumers (tenants) have the right to revoke their contractual declaration without stating reasons and cancel the booking using the corresponding option in their personal account. If they cancel their booking up to 28 days before the start of the rental period, they will receive 80% of the total amount back. In case they cancel their booking within 28 days before the start date, they are not entitled to a refund.
Consumers (lessors) also have the right to cancel the order for rental of their gear by clicking on “Cancel the order” in their personal account, however only until 28 days prior to the commencement of the rental period (receipt of declaration by tenant). In this case the lessor has an obligation of payment of a processing fee of € 15.00.
If the tenant is an entrepreneur (§ 14 BGB), he has no right of revocation.
If the lessor is an entrepreneur, he has a legal obligation to inform the tenant (consumer) about tenant’s right of revocation.
The cost for the return shipping of the rented gear in case of tenant revocation shall be borne by tenant.
Final Provisions
In case a stipulation of the Rental Terms and Conditions becomes invalid the remaining parts of the Conditions between Operator and User remain valid. The appropriate legal stipulations shall be valid instead of the invalid regulation.
German law shall apply. Gearalist reserves the right to amend the Rental Terms and Conditions, for example in order to introduce regulations for the usage of possibly relaunched additional functions. The planned amendments of the Rental Terms and Conditions will be announced to the User via email at the email address indicated by him, at least two weeks in advance of the planned commencement. Approval of the amendment of the Rental Terms and Conditions is deemed given by the User, if he does not disapprove in writing (such as letter, email) within a period of two weeks, beginning with the day on which the amendment was announced.
In case User disapproves of the amendment of terms of use in due time and form, the rental agreements remain as agreed upon under the previous conditions. Gearalist reserves the right to terminate the agreement if this occurs.
Place of jurisdiction and legal venue for deliveries and payments as well as all disputes arising between the Parties is the registered office of Gearalist, as far it is permitted by law. For end consumers place of jurisdiction and legal venue is the venue of the tenant. In case the private end consumer does not reside within the European Union, legal venue is the registered office of Gearalist.
Concerning transactions with end consumers within the European Union also the laws of residence can be applicable, in as far as it regards mandatory consumer dispute resolutions.
In case of discrepancies between the English and the German version of these Terms and Conditions or any inaccuracy in the translation, the German version prevails.
Contact
For questions or other kinds of deficiencies please contact:
Gearalist GmbH
Glaskopfweg 6c
61479 Glashütten
Tel: (0049) 151 – 425 477 74
Email: [email protected]