Equipment Rental Terms and Conditions
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1. This agreement is between El Mundo Te Espera Viajes S.A.S., with its main place of business in Cali at Carrera 25 # 2 – 52, identified with NIT: 901.968.707-1 and the person renting equipment. It will be effective immediately upon delivery of the equipment to the customer.
2. GENERAL INSTRUCTIONS: The lessee understands that the terms and conditions established in this agreement will apply to every equipment rental by them from El Mundo Te Espera Viajes S.A.S., whether through the Website or with the telephone reservation service, understanding that it is as if they were contained in a separate agreement signed by you for each rental case and the means by which it is requested. The lessee agrees and understands that their obligations under this agreement are personal and non-transferable. The terms of this agreement are governed by the corresponding laws of the Colombian State. The lessee understands that it is a unique loan for mutual benefit.
3. TERMS AND CONDITIONS: The lessee agrees that El Mundo Te Espera Viajes S.A.S. has the right to change these Terms and Conditions from time to time, either through written notification, in paper or electronic format, or by the element of the publications of said modifications on the El Mundo Te Espera Viajes S.A.S. or S.O.A.R. Sinergia Aceleradora, a program of El Mundo Te Espera Viajes S.A.S., client portal. Changes to the Terms and Conditions will be published as they occur on the El Mundo Te Espera Viajes S.A.S. or S.O.A.R. Sinergia Aceleradora in your client portal: Terms and conditions.
4. REPRESENTATION: The lessee declares that all information provided in the registration profile is true, accurate, and complete. If any of said information is not true, accurate, or complete in any aspect, the lessee will remain responsible for all amounts owed to El Mundo Te Espera Viajes S.A.S., as well as any damage caused to El Mundo Te Espera Viajes S.A.S. resulting from the misrepresented profile information.
5. AUTHORIZED AGENT: If the lessee includes an authorized dealer (Agent) for the respective rental profile, the lessee agrees that the authorized agent on their part will be the representative of the lessee in all signing rights and on behalf of the lessee. These rights include but are not limited to: collection and return of merchandise, signing of rental contracts, signing of collection documents, and rights to make payments on behalf of the lessee. The lessee understands and accepts that all commitments to and between them and El Mundo Te Espera Viajes S.A.S. described in the Terms and Conditions of the Contract to be signed, as well as in the individual rental agreements, will apply to all rental activities executed by an authorized agent, in such a way as if the rental process were directly executed by the lessee. In this way, the lessee understands that, without exception, all charges, whether for rental fees, loss or damage, late return fees, or honorariums incurred by the corresponding authorized agent, will be the direct responsibility of the lessee as completely as if said charges were incurred directly by the lessee themselves. Notwithstanding the foregoing, the authorized agent will not have access to change the user's profile or information provided in the initial registration.
6. TERM: The term of this rental contract begins on the “Start Date” shown in this same format and continues until the equipment is returned in good condition to El Mundo Te Espera Viajes S.A.S. The lessee undertakes to pay the daily rental fee for each day until all items are returned in good and satisfactory condition to El Mundo Te Espera Viajes S.A.S. Items are considered returned when they are received and accepted by El Mundo Te Espera Viajes S.A.S. at the main premises.
7. DELAY: If the lessee cannot return the equipment on the estimated date or specified day, they must contact El Mundo Te Espera Viajes S.A.S. for advice on the change. Rental fee charges will continue to accrue until the equipment is returned and accepted by El Mundo Te Espera Viajes S.A.S.
8. RENTAL FEES: The general charge and for each piece is the amount consigned in the equipment rental order form and previously approved by El Mundo Te Espera Viajes S.A.S. and the lessee respectively. El Mundo Te Espera Viajes S.A.S. will be entitled to immediate payment of all rental charges upon completion of the contract. The rented material must be returned on the date specified on the label delivered at the time of removing the equipment from El Mundo Te Espera Viajes S.A.S. for its corresponding use. Equipment delivered after this date will be subject to collection by El Mundo Te Espera Viajes S.A.S. as a full day's rental rate and will be charged from there as an additional day until it is returned. If the equipment is returned in inappropriate or non-working condition, the rental period will be extended for the shortest reasonable time necessary to repair the damage or replace the damaged equipment. The lessee will be responsible for all expenses incurred in the repair or replacement of any damaged equipment.
9. SECURITY: El Mundo Te Espera Viajes S.A.S. may request the lessee's credit card details or a deposit at any time to guarantee the money owed, and the lessee agrees to allow El Mundo Te Espera Viajes S.A.S. to request the presentation of this credit card or deposit for security at any time that El Mundo Te Espera Viajes S.A.S. deems necessary.
10. INSPECTION: The lessee or their agent (as the case may be) and El Mundo Te Espera Viajes S.A.S. agree that the necessary inspection of the equipment to be delivered will be done on the day of delivery and will be carried out by El Mundo Te Espera Viajes S.A.S. in the presence of the lessee or their authorized agent. El Mundo Te Espera Viajes S.A.S. is available to perform the necessary tests of the equipment at the facilities for the absolute verification of functionality before the final taking of the products. Upon signing the delivery order, El Mundo Te Espera Viajes S.A.S. and the lessee waive any right to shortages or claims and expressly accept that all items listed on the form have been accepted in satisfactory condition.
11. DELIVERY/RETURN: Upon the expiration or early termination of the rental period for any equipment, the customer or lessee has the responsibility for the corresponding return and in the same condition (reasonable wear and tear excepted). Upon return, each piece of equipment will be inspected by El Mundo Te Espera Viajes S.A.S. and registered in the system. In the event that any equipment or item is damaged or missing from the rental order, the lessee will be notified as soon as possible. A final e-mail will be sent by El Mundo Te Espera Viajes S.A.S. to the lessee confirming the return of the goods and indicating the completion of the rental and the contract.
12. DAMAGES: By the equipment contract and the drafted terms and conditions, the lessee assumes and will be responsible for all existing damages to any equipment, whatever the cause. In case of no damage to the merchandise or any part of the equipment, the obligation under this lease contract is released, which would continue in full force and effect. In case of any loss or damage of different natures to any element of the equipment(s), the lessee must restore them in good condition, the respective repair and/or total replacement of the equipment that El Mundo Te Espera Viajes S.A.S. at its sole discretion deems acceptable. If the equipment or item of equipment is considered lost, stolen, destroyed, or damaged and beyond repair, the lessee accepts that as an obligation, they must pay El Mundo Te Espera Viajes S.A.S. the full replacement value of the same as appropriate.
13. SHIPPING: El Mundo Te Espera Viajes S.A.S. Does not allow the shipping of rented equipment through transport companies; delivery must always be made in person by a person in charge of the customer.
14. RETURN: It is the lessee's obligation to carry out all the necessary processes for the return of all the equipment, and all related transport and its cost is at the lessee's expense and risk.
15. FOREIGN USE: The lessee may not remove the equipment to any foreign country without the prior written consent of El Mundo Te Espera Viajes S.A.S.. If this consent is granted, the lessee must have all adequate insurance and coverage for the safety of the equipment.
16. LACK OF WARRANTIES: El Mundo Te Espera Viajes S.A.S. is solely responsible for the condition of the equipment, its commercialization, or its suitability for a particular purpose; however, it does not include warranties of liability for any data loss due to equipment malfunction or otherwise, nor for the loss of data stored on any of the rented devices.
17. ERROR IN RENTAL CHARGES: The lessee accepts and understands that all charges are not definitive and are subject to final review by El Mundo Te Espera Viajes S.A.S. and for a new calculation. The lessee undertakes to pay all minor charges and will receive a refund of any overcharge that El Mundo Te Espera Viajes S.A.S. discovers after the review. In the event that an excessive value is believed to have been charged or incorrectly billed, the lessee must notify El Mundo Te Espera Viajes S.A.S. within 30 days of the rental closure. If the lessee does not notify El Mundo Te Espera Viajes S.A.S. within said period, the lessee hereby waives their right to any type of claim and therefore all billed fees are validated without any right to be questioned.
18. COLLECTIONS: All charges, fees, fines, and expenses, including payment for loss or damage to the equipment, are owed to El Mundo Te Espera Viajes S.A.S.. If the lessee fails to pay all charges when due, they agree to pay a late fee at the highest interest rate permitted by law.
19. INDEMNIFICATION: The lessee agrees to indemnify, defend, and hold harmless El Mundo Te Espera Viajes S.A.S. and all its employees, owners, officers, directors, members, and agents against any claim, action, damage, liability, demand, proceeding, cost, and expense, including reasonable attorney's fees, arising from the use, condition, or operation of the equipment by any person during the rental period. Each party agrees to give prior notice of any claim, action, demand, or proceeding. This indemnification shall survive the term of this contract.
20. OWNERSHIP: The equipment is and shall remain the sole and exclusive property of El Mundo Te Espera Viajes S.A.S. and the lessee shall have no right to it, except as expressly set forth herein.
21. DATA: The lessee must erase all images, content, or data from the equipment before returning it. If the lessee fails to do so, El Mundo Te Espera Viajes S.A.S. is authorized to do so without prior notice to the lessee. The lessee is solely responsible for storing and safeguarding their images or content before returning the equipment. El Mundo Te Espera Viajes S.A.S. will also not be liable for the publication by third parties of confidential material that the customer might leave on memory cards or storage media. The download of the material must be done during the rental time; in no case may the lessee keep the storage media; if this were to happen, an extra charge would be made for the rental of these items.
22. ENTIRE AGREEMENT: This agreement, together with the list of documents requested by both parties, constitutes the agreement between El Mundo Te Espera Viajes S.A.S. and the lessee; in this way, it will not be modified, altered, or changed, except by a written agreement signed by both parties involved.
23. FEES AND EXPENSES: The lessee will reimburse El Mundo Te Espera Viajes S.A.S. for all expenses, including reasonable attorney's fees incurred by El Mundo Te Espera Viajes S.A.S. in the exercise of any of its rights or remedies to enforce any of the terms, conditions, or provisions of this agreement.