General Terms and Conditions (GTC) for Borrow-and-Go

1. Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) apply to all contracts concluded between Borrow-and-Go (hereinafter referred to as “Lessor”) and the customers (hereinafter referred to as “Lessee”). The Lessor operates as a private individual.

1.2 By renting products, the Lessee agrees to these GTC.

1.3 Deviating conditions of the Lessee are not recognized unless the Lessor expressly agrees to their validity in writing.

2. Subject of the Contract

2.1 Borrow-and-Go rents out everyday products. The exact description and condition of the rental items are individually defined.

2.2 The Lessee must be at least 18 years old to conclude a rental contract.

3. Conclusion of Contract

3.1 The contract is concluded as soon as the Lessee accepts an offer from the Lessor to rent a product. Acceptance can be made orally, in writing, by email, or by telephone.

3.2 The Lessor reserves the right to refuse a rental offer without stating reasons.

4. Handover of Rental Items

4.1 The handover of the rental items takes place at the location and time agreed between the Lessor and Lessee in Las Palmas de Gran Canaria.

4.2 The Lessee is obliged to inspect the rental items for any damages or defects upon handover and to notify the Lessor immediately. Later complaints regarding obvious defects are excluded.

5. Payment Terms

5.1 Payment of the rental fee and deposit is made exclusively in cash upon handover of the rental items.

5.2 The deposit amounts to two months’ rent and serves as security against damage or loss of the rental item. For certain products, a deposit of up to three months’ rent may be required. This condition will be communicated to the Lessee before the contract is concluded.

5.3 A one-time processing fee of 5 euros is due with the first payment, regardless of the rental period.

6. Rental Duration and Termination

6.1 There is no minimum rental period. The Lessee can terminate the rental agreement at any time.

6.2 A refund of the already paid monthly rent will not be granted, even if the rental items are returned early. The minimum price is one month’s rent.

6.3 The deposit will be fully refunded after the return of the undamaged rental item.

7. Use of Rental Items

7.1 The Lessee undertakes to use the rental items properly and only for their intended purpose.

7.2 The Lessee is liable for all damages resulting from improper use, loss, or theft of the rental item. For certain products, a deposit of up to three months’ rent may be required. This condition will be communicated to the Lessee before the contract is concluded.

8. Delivery and Return

8.1 Delivery and collection of the rental items are carried out according to individual arrangements and are limited to the area of Las Palmas de Gran Canaria.

8.2 The Lessee is obliged to adhere to the agreed delivery and pickup times. Changes must be communicated to the Lessor in a timely manner.

9. Liability Disclaimer for Borrow-and-Go

9.1. Limitation of Liability

9.1.1 Use at Own Risk:
The Lessee acknowledges and agrees that the use of the rental items is at their own risk. The Lessor makes no warranties or representations regarding the safety, suitability, or performance of the rental items for any particular purpose.

9.1.2 Exclusion of Liability:
The Lessor shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use the rental items. This includes, but is not limited to, damages for loss of profits, business interruption, or other commercial damages or losses, even if the Lessor has been advised of the possibility of such damages.

9.1.3 Limitation of Claims:
In the event that any liability is imposed on the Lessor, the total liability for any claims arising out of or relating to the rental agreement shall not exceed the total amount paid by the Lessee for the rental items in question.

9.2. Exclusions

9.2.1 Product Condition:
The Lessor endeavors to ensure that all rental items are in good working condition upon delivery. However, the Lessor does not guarantee that the rental items will be free of defects or suitable for the Lessee’s intended use.

9.2.2 Maintenance and Repairs:
The Lessee is responsible for maintaining the rental items in good condition during the rental period. The Lessor is not liable for any costs associated with repairs or maintenance performed by the Lessee without prior authorization.

9.3. Lessee’s Responsibilities

9.3.1 Proper Use:
The Lessee agrees to use the rental items only for their intended purpose and in accordance with the manufacturer’s instructions and guidelines. The Lessee shall not modify, alter, or misuse the rental items in any way.

9.3.2 Inspection:
The Lessee is responsible for inspecting the rental items upon receipt and notifying the Lessor of any defects or issues immediately. Failure to do so shall be deemed acceptance of the rental items in their current condition.

9.3.3 Legal Compliance:
The Lessee agrees to comply with all applicable laws, regulations, and safety standards when using the rental items. The Lessee assumes full responsibility for any violations or non-compliance.

9.4 Indemnification

The Lessee agrees to indemnify and hold harmless the Lessor from any claims, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or related to the Lessee’s use or misuse of the rental items, including any third-party claims.

9.5. Force Majeure

The Lessor shall not be liable for any failure to perform its obligations under the rental agreement due to circumstances beyond its reasonable control, including but not limited to natural disasters, acts of God, war, civil unrest, and labor strikes.

10. Data Protection

10.1 The Lessee agrees that their personal data will be stored for the purpose of processing the contract. Disclosure to third parties will not take place unless this is necessary for contract processing.

10.2 The data will be deleted after the termination of the rental relationship, provided that there are no legal retention obligations.

11. Final Provisions

11.1 The law of Spain applies. The place of jurisdiction is Las Palmas de Gran Canaria.

11.2 Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that comes closest to the economic purpose of the invalid provision.

11.3 Amendments or additions to these GTC must be made in writing.