DANSK

LEJEBEtingelser for Tourcare ApS

Opdateret:

1. Access and Security

The TENANT will receive a personal PIN code for access outside of opening hours. Alarm and gate regulations must be strictly followed. Incorrect use of the alarm or failure to secure the premises may result in a minor fine and an administration fee. Your PIN code is personal and may only be used by you or individuals to whom you have granted relevant access. Disclosure to unauthorized persons is not permitted. You are liable for all forms of theft, vandalism, or damage(s) committed using the PIN code, regardless of whether this occurs with or without your knowledge.

2. Storage and Liability

All goods are stored at the TENANT’S own risk. We do not cover theft, fire, water damage, etc. The TENANT must store the goods responsibly to minimize the risk of damage to their own and others' goods, as well as our facilities. Damage may result in liability for compensation.

3. Placement and Tidiness

Goods must be placed within the agreed area/bay. Tourcare reserves the right to move or remove goods located outside the designated area at the TENANT’S expense. Repeated violations may result in storage or disposal following a notice.

4. Exceeding the Agreed Period

If the goods are not removed at the latest one calendar day after the expiration of the agreement, a fine of DKK 250 per commenced day per 2.5 sqm will be applied until everything has been removed. Any additional handling costs will be invoiced.

5. Prohibited or Hazardous Items

Flammable, explosive, environmentally hazardous, biological, illegal, or dangerous materials may not be stored without written permission. Violation may result in removal and liability for compensation.

6. Emergency Call-outs Outside Opening Hours

Contacting our emergency hotline outside of opening hours will be invoiced at DKK 1,000 per commenced hour, unless the fault lies with us. Invoicing begins upon the answering of the call.

7. Invoicing and Contract Terms

Storage is invoiced in advance on a quarterly basis. Tourcare may terminate the agreement with one month's notice despite a prepaid rental period. In such cases, the remaining balance will be refunded to the tenant. Insurance of the stored goods is the TENANT’S responsibility.

Rental Period and Equipment Terms

8. Use of Rented Equipment

Rented equipment may only be used by the TENANT or their representative. Sublicensing or sub-renting may only occur with written approval from Tourcare ApS (hereinafter referred to as the LESSOR). If the rented equipment suffers damage of any kind, is destroyed, or is lost during sub-renting, the tenant is liable for repairs and any compensation for the rented items.

9. International Use of the Rented Equipment

The rented equipment may not be taken abroad without the LESSOR’S written approval. The TENANT is obliged at any given time to be able to account for the location of the rented equipment. It is the TENANT’S responsibility to possess the necessary documents in connection with the transit of equipment (carnet, etc.).

10. Price Calculation and Rental Period

The price for the rental is calculated on the basis of the prices set by the LESSOR at any given time. The time the equipment is rented is called the rental period, which is understood as the time the equipment has been away from the LESSOR’S business and availability according to the rental agreement. Note that the shortest rental period is 1 day. The day the equipment leaves the LESSOR’S business counts as the first rental day. Upon return, the return day counts as a rental day if the rented equipment is returned after 09:00 on the following day. Equipment can be expected to be ready for pickup no earlier than 10:00 on the rental day, unless otherwise agreed in writing.

11. Collection and Transport of Rented Equipment

The rented equipment must be collected by the TENANT at the lessor's warehouse, or it can be transported to an agreed location by arrangement with the LESSOR. If the TENANT collects the rented equipment themselves, transport must take place in a responsible manner in a suitable vehicle. The LESSOR reserves the right to approve the transport/means of transport. Regardless of whether the lessor may have approved the transport/means of transport, the TENANT is liable for damage caused to the rented equipment during the rental period.

12. Reservation and Delivery of Equipment

Reservation and delivery of equipment are subject to timely return from previous tenants. The LESSOR is entitled—without special notice—to replace reserved equipment with other equipment of the same function.

13. Binding Rental Agreements

Concluded rental agreements are binding from the moment they are made either orally or in writing to the LESSOR. The LESSOR will subsequently send an order confirmation via email.

14. Cancellation of Reserved Equipment

The conditions for cancellation are as follows:

  • From conclusion of agreement to 60 days before the first rental day: 30% of the total contract sum.
  • From 59–15 days before the first rental day: 60% of the total contract sum.
  • From 14 days before the first rental day: 100% of the total contract sum.

Fulfillment of agreements cannot be met in cases of force majeure. Cancellation must be made in writing to the LESSOR. For rental agreements where the LESSOR produces, custom-manufactures, or acquires products specifically to fulfill the agreement, the full rental amount (100%) will be charged if cancellation occurs later than 24 hours after acceptance.

15. Renewal of Rental Period

Renewal and extension of the rental period occur through a new rental agreement, in which a new rental period is agreed upon.

16. Early Return of Rented Equipment

Returning the rented equipment before the expiry of the agreed rental period does not entitle the tenant to a reduction in the rental price.

17. Payment of Rent and Costs

The LESSOR is entitled to demand the entire rent or a portion thereof paid at the start of the rental period. Unless another written agreement exists, any unpaid rent and other costs are due for payment immediately upon the termination of the rental period.

18. Notification of Change of Residence or Company Status

The TENANT is obliged to give the LESSOR written notice of any change in residence or company status. Any notification sent by the LESSOR to the latest address provided by the TENANT is considered received, even if it does not reach the TENANT.

19. Breach of the Rental Agreement

If an agreed rental period is not observed by the TENANT, the LESSOR is entitled to collect the rented equipment without notice. The same applies if the TENANT grossly breaches the rental agreement—for example, by failing to pay the rental fee at the agreed time. Breach entitling collection also includes bailiff proceedings against the TENANT, the tenant's death, bankruptcy, or restructuring.

20. Complaints

Complaints regarding quantity or defects in deliveries must be made via email no later than 24 hours after the TENANT’S receipt of the rented equipment. Complaints regarding other matters must be made within 8 days of receipt. Otherwise, the right to complain lapses. Complaints do not necessarily lead to a reduction in the agreed rental price, nor can the tenant claim a right of retention or set-offs.

21. Retention of Title on Sale of Goods

In the case of the sale of goods, the items remain the property of Tourcare ApS until the full purchase price has been received in our bank account. In trade with used goods, all items are sold as-seen, unencumbered, and without warranty.

22. Liability During the Rental Period

During the rental period, the TENANT is responsible for any damage to or loss of the rented equipment, even if accidental. Any damage must be reported immediately to the lessor. Theft and vandalism must also be reported to the police. Lost or destroyed equipment is replaced at the current replacement value.

23. Insurance of Rented Equipment

The LESSOR has taken out an All-risk insurance policy with Tryg Danmark, covering fire damage, electrical damage, burglary, water damage, natural disasters, storm surges, damage processing, machinery breakdown, and other suddenly occurring damage to the rented equipment. For this insurance, 5% of the gross rental price (VAT-exempt) is added to the rental price. If damage occurs to the rented items and insurance coverage cannot be obtained due to the circumstances surrounding the damage, the tenant will be held liable for compensation and must cover the compensation amount as determined and documented by the lessor. Additionally, the TENANT has a deductible (excess) of DKK 5,000 per rented product that is damaged. If the acquisition price of the damaged product is below DKK 5,000, the acquisition price will be charged.

24. Modifications and Repairs of Rented Equipment

No changes or repairs may be made to the rented equipment without specific permission from the LESSOR. The LESSOR is not responsible for damage or loss of any kind caused by the rented items, directly or indirectly, including hearing damage.

25. Security at Outdoor Events

At outdoor events, all equipment must be effectively secured against wind and weather. All handling and installation of the rented equipment must take place in accordance with applicable legislation.

26. Inspection and Approval of Rented Equipment

The LESSOR is entitled, personally or through a representative, to inspect the rented equipment at any time and to disqualify the TENANT’S use and handling of it at any time. In such a situation, the lessor will provide personnel at the tenant's expense and risk.

27. Liability for Transport of Third-Party Goods

The LESSOR notes that third-party goods transported by the LESSOR are not insured according to the so-called carrier liability via the LESSOR’S insurance. The LESSOR disclaims any liability that may arise as a result of damage to goods during transport and handling, and the TENANT should take out separate transport insurance.

28. Compliance with Laws and Regulations

For rental agreements where the LESSOR also provides labor and/or technical personnel, it is the TENANT’S responsibility at all times to comply with applicable laws, regulations, and guidelines from Danish authorities.

29. Force Majeure and Changed Circumstances

Force majeure refers to events that are unpredictable, beyond the parties' control, and simultaneously prevent the fulfillment of the agreement. At a minimum:

  1. It must be impossible for the tenant to collect the equipment, or for the lessor to deliver it, due to government guidelines. The tenant's specific use of the equipment is irrelevant to the lessor's delivery obligations.
  2. The agreement must have been entered into at a time when the event (war, pandemic, etc.) was unforeseeable.
  3. Both parties must immediately and without undue delay inform the other of the inability to fulfill the agreement.The tenant bears the burden of proof when invoking force majeure. A party wishing to invoke "changed circumstances" (bristende forudsætninger) for reasons other than force majeure must meet a very high threshold of documentation as per Danish case law.

30. Priority of Rental Terms and Legislative Changes

Tourcare ApS’ rental terms always take precedence over the customer's potential delivery terms. Should legislative changes be imposed after an agreement is signed, it does not entitle the tenant to cancel the agreement.

31. Disputes and Legal Venue

Disagreements regarding these terms and the rental relationship shall be settled under Danish law at the Maritime and Commercial High Court (Sø- og Handelsretten) in Copenhagen, Denmark.

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