Mallorca DJs
Rental terms
These terms apply to hiring equipment from Mallorca DJs. They correspond to the clauses of our rental contract.
Force majeure and circumstances beyond the parties' control
Neither party is liable for performance failures caused by force majeure or comparable circumstances beyond its control. These include, among others, natural events, official orders, power outages, security situations or closures at the event location. If such a circumstance arises, both parties are released, for its duration, from the obligations affected by it. A performance failure caused thereby gives rise to no claims for damages against the lessor; the lessee's statutory rights to refuse its own performance and to retain payment, and its statutory rights in respect of defects of the rental object, remain unaffected. In this case, the parties will primarily endeavour to agree a replacement date. If no replacement date comes about, the lessor's claim to rent lapses; payments already made are refunded within 14 days, and rental items already handed over are returned by the lessee without delay. From this amount the lessor may deduct only such evidenced third-party costs as it has already paid to third parties on the lessee's instructions and with the lessee's prior consent and cannot recover despite reasonable efforts; it shall provide evidence of the amount on request. This clause takes precedence over the cancellation provisions agreed in this contract; to that extent, no cancellation lump sums are due.
Data sharing for event coordination
Contact data and event-related information may only be shared with service providers insofar as this is necessary for the planning, set-up or performance of the booked services.
Liability
The lessor is liable without limitation for damage arising from injury to life, body or health and for damage based on intent or gross negligence. In the case of ordinary negligence, the lessor is liable only for the breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of this contract possible in the first place and on whose observance the lessee may regularly rely), and in that case limited in amount to the damage that was foreseeable at the time the contract was concluded and that is typical for a contract of this kind. Any further liability of the lessor is excluded. This does not affect liability under the mandatory statutory product liability regime (Articles 135 et seq. of the consolidated text approved by Royal Legislative Decree 1/2007, TRLGDCU, as in force), liability arising from a guarantee voluntarily assumed by the lessor, or liability for the fraudulent concealment of a defect (Article 1102 of the Spanish Civil Code, Código Civil). The lessee's statutory rights in respect of defects of the rental object, in particular to a reduction of the rent and to termination, remain unaffected; claims for damages on account of a defect are governed by the foregoing provisions. The foregoing limitations also apply in favour of the lessor's legal representatives and of the persons the lessor engages in the performance of its obligations, including a technician provided by the lessor. As against consumers, the limitations for simple negligence do not apply (Article 86 No. 2 TRLGDCU); the lessor is then liable under the statutory provisions.
Rental object and scope
The lessor provides the lessee with the devices and equipment listed under "Rental items" in this contract on a rental basis for use at the agreed event. The rental is provided solely to the extent described there; services, additional equipment or extensions of the rental period not expressly listed are not owed and are agreed and charged separately. The rental object remains the property of the lessor. Subletting, transfer to third parties or relocation beyond the agreed event venue is permitted only with the lessor's prior consent in text form.
Operation and technical staff
Whether a technician or operator is provided by the lessor follows from the division of responsibilities recorded in the contract. If no technician is provided, the lessee operates the rental object on its own responsibility; it confirms that it is familiar with proper operation and is liable for damage caused by improper use. If a technician is provided, their task is limited to operating and supervising the equipment during the agreed period; they owe no artistic or musical performance (no DJ set).
Delivery, set-up/dismantling or self-collection
The type of provision follows from the division of responsibilities. In the case of delivery, the party named there handles delivery, set-up and dismantling at the agreed time; the lessee provides clear access, safe unloading conditions, a suitable setup area and adequately fused power connections in good time. In the case of self-collection, the lessee collects the rental object at the agreed date and returns it on time in the agreed condition; transport, set-up and dismantling are then the lessee's sole responsibility. Transfer of risk and the duty of care begin upon handover or collection and end with the lessor's complete return acceptance.
Condition at handover and return
The rental object is handed over in flawless, usable and functional condition. Obvious defects must be notified in text form – an e-mail is sufficient – at handover, at the latest within 24 hours thereafter; the lessor separately draws the lessee's attention to this period at handover. If the lessee fails to give such notice despite that reference, the lessor may claim the additional expense incurred as a result of the late notification; the lessee's statutory rights in respect of defects of the rental object remain unaffected. No deemed acceptance of the rental object as free of defects arises. The lessee must treat the rental object with care, protect it from weather, moisture, overloading and unauthorised access, and return it in the same condition in which it was received, allowing for normal signs of use. A handover protocol may be drawn up on the condition at handover and return, which becomes part of the contract.
Custody and duty of care of the lessee
Throughout the entire period of custody the lessee shall treat the rental object with care and protect it against weather, moisture, overloading, damage and unauthorised access. It may be used only for its intended purpose and only by instructed persons; passing it on to third parties requires the lessor's prior consent in text form. The parties regard as grossly negligent in particular: exposing the rental object to the weather without protection -- for example leaving equipment outdoors in the rain or transporting it uncovered -- leaving it unattended in freely accessible places, operating it beyond the stated load limit, or continuing to use it despite a recognisable fault. The lessee's liability follows the statutory provisions; the examples above describe which conduct the parties jointly regard as grossly negligent and do not preclude proof of a different degree of fault in an individual case.
Deposit, damage and loss
The lessor may require a deposit, which is refunded without delay, at the latest within 14 days, upon faultless and timely return. For damage to, loss or destruction of the rental object during the period of custody, the lessee is liable in accordance with statutory provisions; the lessor may charge the cost of repair or, in the case of total loss or destruction, the current value, and offset it against the deposit. If the damage exceeds the deposit, the further claim remains unaffected. The lessee is expressly permitted to prove that the damage was lower.
Insurance of the rental object
Unless otherwise agreed in the contract, the rental object is not automatically insured through the lessor during the rental period. The lessee is itself responsible for adequate protection against damage, theft and loss for the duration of its custody and indemnifies the lessor in the event of damage within the scope of statutory liability. Any differing insurance arrangement requires express agreement in text form.
Payment default, late return and loss
The rent falls due at the agreed time; in the event of default, the statutory rules on default apply. If the lessee does not return the rental object after the end of the rental period, the lessor may demand, for as long as the object is withheld, compensation for use in the amount of the pro-rata daily rent for each commenced day; further claims remain unaffected. The lessee is permitted to prove that the lessor incurred no damage or substantially lower damage. In the event of loss or non-return, the lessor may, after setting a reasonable deadline, demand the current market value of the rental object at the time of the loss or of the failure to return, taking account of its age and condition, as compensation.
Withdrawal and cancellation
Cancellations must be made in text form and clearly identify the lessee. In the event of cancellation within the last 14 days before the agreed provision date, 50% of the agreed rent becomes due; third-party and provision costs already incurred and demonstrable may be charged in addition. Credited against the flat fee are the expenses saved by the lessor as a result of the cancellation (in particular transport, staff and provision costs) and whatever the lessor acquires, or wilfully fails to acquire, by renting out the rental items elsewhere during the time that has become free. The lessee is permitted to prove that no damage or substantially lower damage was incurred. Any refunds are made within 14 days. A statutory right of withdrawal of the lessee as a consumer (Articles 102 et seq. of the consolidated text approved by Royal Legislative Decree 1/2007, TRLGDCU, which transpose Articles 9 to 16 of Directive 2011/83/EU) remains unaffected and takes precedence over this clause: if the lessee withdraws from the contract in due time, the consequences are governed exclusively by the statutory provisions on withdrawal, and no cancellation lump sum is due.
Consumer notice and right of withdrawal
The rental items are made available for a specific date or period – the agreed provision date and the agreed event date. Where the rental is a service related to a leisure activity (for example the technical equipping of a private celebration), the consumer has no statutory right of withdrawal (derecho de desistimiento) pursuant to Article 103(l) of the Spanish Consolidated Consumer Protection Act (Texto refundido de la Ley General para la Defensa de los Consumidores y Usuarios, Royal Legislative Decree 1/2007, TRLGDCU), which transposes Article 16(l) of Directive 2011/83/EU, even where the contract was concluded at a distance or off-premises. If that exception does not apply in the individual case and the contract was concluded with a consumer at a distance or off-premises, a statutory right of withdrawal continues to exist; it is not excluded by this notice. The lessee's statutory rights of termination and of rescission remain unaffected in any event. The cancellation clause of this contract merely determines what rent or lump-sum damages are owed in the remaining cases. In that case the following instructions on withdrawal apply. Right of withdrawal You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (Robin Kolb (Mallorca DJs), Carrer de S’Illot 13, 07400 Alcúdia, telephone +34 657 847 794, email info@mallorca-djs.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory. You can also exercise your right of withdrawal online at the internet address given in the contract confirmation. If you use this online feature, we will send you an acknowledgement of receipt of the withdrawal on a durable medium (e.g. by email), including its content and the date and time of its submission, without undue delay. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. Effects of withdrawal If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. If you have already received the rental items, you shall return them to us or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. We will bear the cost of returning the items. If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract. Model withdrawal form (complete and return this form only if you wish to withdraw from the contract) — To Robin Kolb (Mallorca DJs), Carrer de S’Illot 13, 07400 Alcúdia, telephone +34 657 847 794, email info@mallorca-djs.com: — I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract for the rental of the following items (*)/for the provision of the following service (*), — Ordered on (*), — Name of consumer(s), — Address of consumer(s), — Signature of consumer(s) (only if this form is notified on paper), — Date (*) Delete as appropriate.
Final provisions
Amendments and additions to this contract should be made in text form for evidentiary purposes; an email is sufficient and a handwritten signature is not required. Individually agreed terms take precedence over the standard terms in every case and are binding even where they were agreed orally. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected. The law at the lessor's place of business applies. If the lessee is a consumer with habitual residence in another State, the lessee additionally retains, where Article 6 of Regulation (EC) No 593/2008 (Rome I) applies, the protection of the mandatory provisions of the law of that State of residence (Article 6(2), second sentence).
FROM YOUR IDEA TO THE DANCE FLOOR
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