1. You and us: In this agreement “you” are the customer and “we” are Easytravelkids.
2. The contract between us
2.1 We agree to hire out the equipment to you subject to availability and as specified in a confirmatory email or letter that we shall send to you upon receipt of your order (which we refer to in paragraph 2.3 below).
2.2 Unless an agreement between You and Easytravelkids has been reached, the payment is subject to the following conditions. The payment occurs at moment of the delivery or Paypal. However, in some cases Easytravelkids could require the payment in advance.
2.3 Your order is considered accepted once you have received an e-mail from Easytravelkids confirming your reservation. This fact that brings into existence a legally binding contract between us.
2.4 Easytravelkids offers a 24hour renting period from the moment the equipment is delivered.
3. Right for you to cancel or amend your contract:
3.1 You may cancel your contract with us free of charge at any time up to twenty-four hours before the start of the hire period. You may cancel your contract with us after this time and prior to delivery, although we reserve the right to charge a cancellation fee of up to 50% of the price payable (with a minimum of 30 Euros)
3.2 Please note that unless we agree otherwise you will not be entitled to cancel your contract with us once the hire period has begun.
3.3 To cancel your contract with us in accordance with these terms and conditions you must notify us in writing (email@example.com). Such notification will only be valid once it has been received in working hours (09:00-20.00h).
3.4 To amend your contract with us you must notify us in writing or by telephone. Any amendments to your contract with us must be agreed by us in writing.
4. Cancellation by us:
4.1 We reserve the right to cancel the contract between us at any time before delivery if:
4.1.1 We have insufficient stock to deliver the equipment you have ordered;
4.1.2 We do not deliver to your area (see clause 7.4); or
4.1.3 one or more of the items of equipment you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.1.3 Some material has been reserved in an incorrect price due to a tipografic error.
4.2 Once you have been notified by us that we are cancelling your contract in accordance with the above terms and conditions, any sum debited to us on your credit or debit card will be re-credited to your account as soon as possible and in any event within 30 days of the cancellation of the contract between us.
5. The material:
5.1. All equipment supplied to you shall at all times remain the property of Easytravelkids The rented item is for private use not for commercial use, unless prior agreement with Easytravelkids.
5.2 Easytravelkids is not responsible for any accident, damage or injury which may occur due to the inappropriate use of the provided items.
5.3.You are obliged to:
5.4 To check the equipment upon delivery to ensure that it is not damaged, it is in good working order and it is fit for the purpose for which you intend to use it. If this is not the case you must notify us immediately and we shall endeavour to replace the equipment within 24 hours. The equipment shall be returned with the same, or similar, packaging system.
5.4.2. To carefully read the instructions that we shall supply with the equipment prior to its use and to follow the instructions at all times whilst using the equipment.
5.4.3. Take care of and ensure the safekeeping of the equipment.
5.4.4 To use the equipment in a safe and sensible manner and in accordance with both the purpose for which it was supplied and the manufacturers instructions..
5.5 As it is required during the course of any other activity, the supervision of an adult is mandatory while children are using any of the rented items.
5.6 The assembly of the provided items will be carried out by the customer. The majority of our items are provided totally or partially assembled
5.7 All items must be returned clean, if the item is returned dirtier than expected for a proper use an additional 5 to 10 € charge will be carried out.
5.8. In the event that any of the items presents significant breakages or damages, not merely scratches due to a reasonable wear. If Easytravelkids considers it appropriate, may require the value of the item that is no longer suitable for rental to the customer
5.9. In case of robbery, it will be supported by the relevant police report, Easytravelkids should be compensated for costs incurred for the replacement of the stolen item and the cost of its management and the unavailability of the product.
5.10 You must notify inmediately the loss, robbery or breakage of any product and you are the responsible of it.
5.11 Customer authorizes Easytravelkids to do the corresponding charges to the provided credit card as a paymen in case of loss or breakage of the product.
6. Easytravelkids responsability:
6.1 If the equipment we deliver is not what you ordered or is damaged or defective we shall have no liability to you unless you notify us
6.2 Easytravelkids will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problems you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the equipment in question.
6.3 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under application local law or other statutory rights that may not be excluded nor in ant way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7.1 We shall deliver the equipment to the address you specify in your order.
7.2 We shall make delivery at a mutually convenient time stated in the e-mail of order confirmation. You are responsible for ensuring that an appropriate person is available at the delivery address to receive the goods. If no one is at the address when the delivery is attempted we shall retain the equipment. We shall leave notification of delivery and will telephone you to attempt to rearrange the delivery but in such instances we reserve the right to deliver late and to charge you for our additional delivery costs.
7.3 We shall collect the equipment at the end of the hire period at a mutually convenient time stated in the e-mail of order confirmation.
7.4 We aim to deliver to all addresses in Barcelone with a cost of 7€. For the rest of the province the cost is 20€. However we reserve the right not to deliver outside this area and to charge additional delivery costs if we do decide to deliver outside this area.
7.5 The prices do not incluye the 21% taxes
7.6 Our working hours are from 9 am to 8 pm from Monday to Saturday. In case you need to droo off or pick up outside this hours there will be a supplement of 15€.
8. Return of deposit:
8.1 Provided the equipment is returned to us on the last date of hire in the same condition as you received it (with allowance for fair wear and tear) and the payment has occurred we shall refund to you the full deposit amount you have paid. If the equipment is returned to us late and this is your fault or the payment has not occured, we shall be entitled to retain the deposit and we also reserve the right to charge additional amounts that we consider reasonable until the time you return the equipment to us.
8.2 If the deposit amount does not cover all of the costs incurred by us in repairing or replacing the equipment then we reserve the right to require you to pay us an additional amount to meet the costs of repair/replacement.
9. Events beyond our control:
We shall have no liability to you for any failure to deliver equipment you have ordered or any delay in doing so or for any damage or defect to equipment delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire explosion or accident.
10.1 The contract between us shall be governed by and interpreted in accordance with Spanish law and the Spanish courts shall have jurisdiction to resolve any disputes between us.
10.3 If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10.4 Easytravelkids reserves the right to hire the services of debt collection specialized companies; as well as to request the inclusion in the files of information on creditworthiness and credit (lists of defaulters), as required under section 2, Title IV of the law 15/1999 of December 13th of the Personal Data Protection, in the event of any the following circumstances:
10.4.1. If a method of payment is not provided in case of committing any of this situations detailed in above section.
10.4.2. If any payment transaction is refused by financial institutions.
10.4.3. The customer must compensate Easytravelkids of the costs arising from managements caused by non-payment collection. The total amount of the initial debt plus the expenses incurred by its collection may be claimed through unpaid debts collection specialized companies or agencies.