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5. Concluding Rental Agreements
5.1 All information concerning rental or sale arrangements provided by erento on the Website is for information only. It is non-binding and does not amount to an offer to enter into a Rental Agreement or any other contract.
5.2 Rental Customers have a number of options. They may simply make a rental enquiry. They may hire or buy an item whose availability is set out live on the Website (Live Booking). Where live availability of an item is not evident, they may enter into a Rental Agreement following an enquiry as to availability. The type and the time of the conclusion of a Rental Agreement in the different circumstances are set out below.
5.3 Conclusion and performance of a Rental Agreement are the sole responsibility of the contracting parties and not of erento. In particular, erento does not collect the rental fee for the Hire Company.
6. Standard Method
6.1 If the rental (or sale) item is offered under the Standard Method, all appropriate information relating to the rental (or sale), including the rental (or sale) price, is found on the relevant page of the Website.
6.2 By sending the completed rental (or sale) enquiry form the Rental Customer submits to the Hire Company a non-binding rental (or sale) request to enter into a Rental Agreement on the conditions stated in the enquiry, including any special rental conditions offered by the Hire Company.
6.3 erento forwards the Rental Customer's enquiry on to the Hire Company and the Hire Company may reply to the Rental Customer. The enquiry and the reply are non-binding for both parties until a Rental Agreement is entered into directly between them.
6.4 The contact details necessary to enable the swift conclusion of an agreement are available to both parties. Following the conclusion of a Rental Agreement the Hire Company must 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 "enquiries" -> "supplier bookings".
7. Specific Features of Live Booking
7.1 If the rental item is offered under "Live booking" and not withstanding 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 Rental Customer.
8.2 If, following an enquiry about an item through the Website or associated portal, a rental or sales agreement is concluded, erento will charge the Hire Company a commission of 4.9% net (plus VAT) of the net price agreed with the Rental Customer.
8.3 All commission (plus VAT) is due upon conclusion of the Rental Agreement. erento will send the Hire Company an invoice of the payable amount by e-mail which the Hire Company must pay within 5 days of receipt. erento is under no obligation to send reminder invoices.
8.4 Placing an item for rent or sale on the Website is subject to charges. The price is shown in the relevant category on the Website or agreed in writing with an erento employee and charged to the Hire Company 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 Hire Company an e-mail invoice with the amount payable, which the Hire Company must pay within 5 days of receipt. erento is under no obligation to send reminder invoices.
8.6 The Hire Company has the option of paying the annual contract by direct debit. In this event they have to ensure that the required credit is always available. If this is not the case, or if the debit fails for other reasons, the Hire Company must pay the administration fee relating to each failed debit in the amount of £10.
9. Rating System
9.1 erento cannot exclude the possibility that Users use the Service with intent to fraud. In particular, erento does not accept any liability arising as a result of a User registering under a false identity. erento recommends that all Users verify the identity of their contracting partners prior to the exchange of goods or services.
9.2 In order to provide an indication of the reliability of a potential Rental Customer or Hire Company, erento has 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 view, opinion or 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, each party will then have the opportunity to rate the other party and, in particular, to give information on the party´s reliability under the Rental Agreement. The User must only give information that is true, factual and which avoids wrongfully dispraising the evaluated User. The information must not infringe legal requirements. We draw your attention to Clause 13. A User must not rate them self or prompt third parties to rate them self in a particular way. Users must not include in ratings circumstances outside the specific Rental Agreement.
9.4 In its sole discretion, erento has the right to delete any User rating at any time without giving reasons and without warning. In particular, but without limitation, erento may delete any rating if these Terms are breached or if the rating runs contrary to the intention of the rating system.
10. Use of Personal Details
Contact details that are disclosed through use of the Service, or that become known within the framework of the use of the Service, may be used by the contracting parties solely for transacting Rental Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for sending any unsolicited e-mail, fax or letter or for making contact by telephone or otherwise.
11. Cancellation
11.1 The User can cancel this agreement at any time by sending a written cancellation notice to the address given in Clause 4.1, but any liability already incurred under this agreement remains enforceable.
11.2 erento can cancel this agreement with the User at any time on two weeks written notice sent by post or email to the relevant address registered by the User. erento can also cancel this agreement at any time on breach by the User of this agreement.
12. Liability
12.1 erento does not warrant that the use of the Service will be uninterrupted or error-free.
12.2 erento shall have no liability for any losses or damages which may be suffered by a User (or any person claiming under or through a User), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
12.2.1 special damage even though erento was aware of the circumstances in which such special damage could arise;
12.2.2 loss of profits, revenue, anticipated savings, business opportunity or goodwill;
12.2.3 loss of, or damage to, data;
12.2.4 loss of contract;
12.2.5 reduction in goodwill;
12.2.6 for any other direct or indirect or consequential loss however arising, due to any use of or defect in the Service (including any virus) even if such loss was reasonably foreseeable or erento had been advised of the possibility by the User.
12.3 The exclusions in this licence shall apply to the fullest extent permissible at law, but erento does not exclude liability for death or personal injury caused by the negligence of erento, its officers, employees, contractors or agents, for fraud, for breach of the obligations implied by section 12 Sale of Goods Act 1979 or section 2 Supply of Goods and Services Act 1982, or for any other liability which may not be excluded by law.
13. Indemnity
13.1 The User indemnifies and holds harmless erento against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which erento may incur or which may be awarded against erento and which arise out of the use of the Services by or with the permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a User through the Website, ratings placed by one User in respect of another User, or as a result of the illegal offer or rental of an item.
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 to prepare a defence against the claim.
14. No Set-off
A User shall have no right of set-off in relation to any sums due to erento or any claims or liabilities the User has or claims to have against erento.
15. Governing Law and Dispute Resolution
15.1 This licence shall be governed by and construed in accordance with English law and each party hereby submits to the exclusive jurisdiction of the English courts.
16. Amendments to the General Terms of Use
16.1 erento reserves the right to amend these Terms at any time and without giving reasons. The User will be sent the amended Terms by e-mail.
16.2 The revised Terms are deemed accepted if the User does not object within 14 days following the sending of the e-mail. Any objection must be in writing and will have the effect of immediately terminating this agreement.
II. Special Rules for Hire Companies
17. Placing Rental Items
17.1 A Hire Company has the possibility of offering individual items for rent or sale through the Service. The items placed can be booked either through the Website 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 Hire Company must place any item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental terms, features and characteristics of the item reasonably required by another User in deciding whether to enter into a Rental Agreement.
17.3 The Hire Company is not permitted to enter contact details that enable another User to establish direct contact with them, whether in the description or in the rental conditions of the rental item being placed, or elsewhere. In particular, it is not permitted to specify telephone and fax numbers or e-mail and Internet addresses.
17.4 If the Hire Company accepts orders from consumers, the Hire Company must state that the price named in the offer is the gross price (including VAT) and specify any other price components or additional charges to the consumer, as well as giving the exact rental rate.
17.5 All Hire Companies must ensure that their offer of goods or services for sale or hire complies with all applicable laws, as must their supply or rental of such goods or services and the terms of any Rental Agreement they enter into with another User. This includes, without limitation, all applicable laws governing distance selling and e-commerce and the obligation to provide details of identity and address and to offer a right of cancellation. Specific attention is drawn to the terms of Clause 13.
17.6 The Hire Company 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 Hire Company warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
17.7 The Hire Company must immediately remove items that are no longer available for rental or sale.
18. Hire Companies Obligations / Handling Enquiries
18.1 Following a non-binding enquiry through the Service, the Hire Company receives the contact details of the User making the enquiry and can immediately enter into a Rental Agreement with them.
18.2 The Hire Company must inform erento of the actual value of the agreement (rent or sale), so as to enable erento to receive commission. 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 Hire Company has access to all necessary information regarding the enquiry. Here, the amount of the transaction can be entered or the enquiry cancelled. The Rental Customer will be informed of all cancellations. erento reserves the right to contact the User who made the enquiry and request information regarding any booking.
18.4 The enquiry remains in the file "unconfirmed requests" until it has been dealt with by the Hire Company. The Hire Company is bound to deal with the enquiry within a reasonable time (which shall be 2 days in the absence of evidence to the contrary). E-mail reminders may be sent to the Hire Company. erento has the right to de-activate any items if requests to deal with the enquiry remain unsuccessful.
18.5 erento reserves the right to issue an invoice if an enquiry is not dealt with and following expiry of the return date an invoice will be generated and sent to the Hire Company by e-mail. The Hire Company's obligation to inform erento of the actual amount of the transaction will remain unaffected. Where appropriate, subsequent invoicing will be initiated to cover the correct sums due.
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 from the Service by erento. Giving false information with regard to transaction amounts can also lead to instant dismissal and cancellation of the items. All such failure to inform or provision of false information is a material breach of this agreement by the Hire Company.
19. Prohibited Rental Items
19.1 It is forbidden to place items in the Service and offer them for sale or rental
a) if the sale or rental is illegal; or
b) if selling, renting, offering for sale or rental or advertising infringes third party rights (by way of example, copyrights, moral rights, performance protection rights, trademarks, patent rights and design protection rights, or other third party rights; or
c) if they contain symbols of unconstitutional organisations according to the law of any EU member state; or
d) if they are pornographic or otherwise harmful to young persons; or
e) if they are weapons; or
f) if they endanger health; or
g) if they are immoral.
19.2 The rental and sale of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Hire Company shall be responsible for adhering to these regulations. Where an official licence is required by law then only licensed Hire Companies have the right to list relevant animals on erento.
19.3 erento reserves the right to remove items that breach the Terms or violate any applicable law, without giving reasons and without prior warning. We draw your attention to Clause 13.
20. Copyrighted Items
20.1 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 programs, data bases etc.) 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 Hire Company has legally acquired the original or copy.
20.2 The Hire Company confirms that the holder of the distribution rights on any item has given permission for the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 13.
21. Prohibited Details
21.1 The item description given by the Hire Company, including any uploaded images, may not contain advertising for products other than the items offered.
21.2 It is not permitted to create links to third party Internet offers or to other Internet offers of the Hire Company.
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.
23. Waiver
No forbearance or delay by either party in enforcing its rights shall prejudice or restrict the rights of that party, and no waiver of any such rights or of any breach of any contractual terms shall be deemed to be a waiver of any other right or of any later breach.
24. Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
25. Third party rights
No term of this agreement is intended to confer a benefit on, or to be enforceable by, any person who is not a party to this agreement.
26. Entire agreement and conflict
This agreement and the Data Protection and Security Notice contain the whole agreement between the parties relating to the subject matter hereof and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
27. Independence
Nothing in this agreement shall create or be deemed to create a partnership, a joint venture or the relationship of principal and agent or employer and employee between erento and a User.
28. Intellectual Property
Nothing in this agreement shall give a User the right to use the trade marks, copyright or other intellectual property of erento.
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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