The following General Terms and Conditions of Use ("Terms") contain the basic rules for the use of online services provided by erento GmbH, Joachimstaler Strasse 31-32, 10719 Berlin (hereafter "erento" or "we") and covers all transactions between you (the "User") and erento. In addition, Special Terms and Conditions apply to any User selling or renting out goods or services.
2.1 erento provides an online platform ("the Service") via a website ("the Website") that enables Users to conclude a variety of rental and sales agreements ("Rental Agreements") between themselves (the parties). The operation of the Service is described in more detail on the Website including the methods of conducting transactions referred to in clause 5 in these Terms. erento does not itself offer items for rent or sale and is not a contracting party in the Rental Agreements. Rental Agreements are concluded solely between individual Users. Such agreements will be between a User selling or renting out goods or services ("the Hire Company") to a User buying or hiring those goods or services ("the Rental Customer"). Nothing in this agreement shall create or be deemed to create a partnership, a joint venture or the relationship of principal and agent or employer and employee between erento and a User.
2.2 "User" within the meaning of the Terms includes each person, firm or company who uses the Service including but not limited to all persons, firms or companies registered to use the Service whether to procure information or to initiate or conclude rental transactions irrespective of an intention to enter into an agreement as hirer or rental supplier.
3.1 Use of the Service is in principle possible without registration. Registration is only required to use certain features of the Service or for use as a Hire Company.
3.2 Registration and the creation of user accounts is free of charge. We reserve the right to refuse service to anyone, including minors under the age of 18.
3.3 The User is required to disclose true and complete information during registration. A change in the personal data of the User after registration shall be updated in the account settings immediately or - if this is not possible – erento shall be informed immediately of the changes. By using the Service or by submitting the registration form, the User agrees to comply with all the Terms and confirms that they are aged 18 years or over and are entitled to use the Service in accordance with the Terms.
3.4 erento reserves the right to decline any User´s registration without giving reasons.
3.5 If erento accepts the registration, the User will be sent a confirmatory email with a confirmation code and a summary of the User´s most important details. In order to complete registration, the User must comply with the instructions contained in the confirmatory email.
3.6 When registering, the User is given the technical possibility to establish a username and password for future access to their account ("Access"). Usernames that violate the rights of third parties, in particular name or trade mark rights, or which are otherwise unlawful or contrary to public decency, are not permitted. The user must keep the Access details secret and protect the account from Access by unauthorized third parties. Where the User has lost or forgotten Access details or suspects that Access credentials are being used by a third party, the User shall inform erento immediately.
3.7 erento has the right immediately to block a User´s account and terminate this agreement at its own discretion:
a) if false statements were made by the User when registering;
b) in the case of loss or suspicion of misuse of the Access data by any person;
c) if the User has breached any of the Terms; or
d) if any serious act by the User gives erento reasonable grounds for so doing.
In the event that a User account is blocked by erento, the User concerned is barred from re-registering and opening a User account with erento without the prior and express written consent from erento.
Right of cancellation
Following registration, you can cancel your contractual obligations within 14 days (the "Cancellation Period") in writing (e.g. fax, letter, email) without giving any reasons. The time limit begins at the time the registration process is concluded. The cancellation request must be sent and received during the Cancellation Period. The cancellation request must be sent to:
Joachimstaler Strasse 31-32
10719 Berlin, Germany
In the event of an effective cancellation, any benefits received by the User or by erento must be returned to the other. If you are not able to give a full account of the performance of transactions, or can give only a partial account thereof, you must pay us compensation for the commission value of any logged transactions. This may mean that you must meet the contractual payment obligations for the period up to cancellation. You are obliged to reimburse payments within 30 days. The time limit begins for you when you send the cancellation request, and for us with the receipt thereof.
The cancellation period expires prematurely if the contract is fulfilled by both parties at your explicit request before you have exercised your right of cancellation.
End of cancellation instructions
5.1 The rental customer can either directly contact the hire company via the displayed contact details of the Hire Company or place a non-binding enquiry via a contact form to conclude a rental agreement with the Hire Company for a particular rental item. erento transmits the data in the contact form to the Hire Company.
Settlement of the Rental Agreement is concluded in each case solely between the Hire Company and the Rental Customer.
5.2 The details of the rented objects come from the Hire Companies. erento does not assume liability for the accuracy and timeliness of this information.
5.3 erento gives no guarantee to the User that other Users of the Service will not use the Service with intent to fraud. In particular, erento does not accept any liability arising as a result of a User registering under a false identity. erento recommends that all Users verify the identity of their contracting partners prior to the exchange of goods or services.
Contact details that are disclosed through use of the Service, or that become known within the framework of the use of the Service, may be used by the contracting parties solely for transacting Rental Agreements. In particular, all Users are forbidden from using such data for advertising purposes or for sending any unsolicited email, fax or letter or for making contact by telephone or otherwise.
7.1 The User may terminate this User Agreement at any time. It is sufficient to send a statement in writing to the contact listed in Section 4.
7.2 erento can cancel this agreement with the User at any time on two weeks written notice sent by post or email to the relevant address registered by the User. erento can also cancel this agreement at any time on breach by the User of this agreement.
8.1 erento does not warrant that the use of the Service will be uninterrupted or error-free.
8.2 erento shall have no liability for any losses or damages which may be suffered by a User (or any person claiming under or through a User), whether the same are suffered directly or indirectly or are immediate or consequential, which fall within the following categories:
8.2.1 special damage even though erento was aware of the circumstances in which such special damage could arise;
8.2.2 loss of profits, revenue, anticipated savings, business opportunity or goodwill;
8.2.3 loss of, or damage to, data;
8.2.4 loss of contract;
8.2.5 reduction in goodwill;
8.2.6 for any other direct or indirect or consequential loss however arising, due to any use of or defect in the Service (including any virus) even if such loss was reasonably foreseeable or erento had been advised of the possibility by the User.
9.1 The User indemnifies and holds harmless erento against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which erento may incur or which may be awarded against erento and which arise out of the use of the Services by or with the permission of the User or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a User through the Website, ratings placed by one User in respect of another User, or as a result of the illegal offer or rental of an item.
9.2 The User is bound, in the event of a claim against erento, to provide erento immediately, truthfully and completely with all information required by erento to examine the claim and to prepare a defence against the claim.
A User shall have no right of set-off in relation to any sums due to erento or any claims or liabilities the User has or claims to have against erento.
This agreement shall be governed by and construed in accordance with German law and erento and the User hereby submit to the exclusive jurisdiction of the German courts.
12.1 erento reserves the right to amend these Terms at any time and without giving reasons. The User will be sent the amended Terms by email.
12.2 The revised Terms are deemed accepted if the User does not object within 14 days following the sending of the email. Any objection must be in writing and will have the effect of immediately terminating this agreement.
Any condition deemed invalid will not affect other conditions.
1.1 The following terms and conditions contain additional rules ("Special Terms and Conditions") for the use of the online Service provided by erento GmbH by any User selling or renting out goods or services. (the "Hire Company"). They apply to all, including future transactions and contracts, between Hire Companies and erento.
1.2 These Special Terms and Conditions apply in addition to the General Terms and Conditions of use. Where the Special Terms and Conditions contain provisions which conflict with those set out in the General Terms and Conditions, then these Special Terms and Conditions will take priority.
2.1 To use the Service, registration is required by the Hire Company. Registration is free, but the placement of rental items in the marketplace and related additional services are subject to fees.
2.2 Registering as a Hire Company is only permitted for commercial purposes. Non-commercial Users are excluded from registering as a Hire Company.
2.3 By submitting the registration form, the Hire Company agrees to the General Terms and Conditions and the Special Terms and Conditions.
As regards the registration of the Hire Company, the provisions of paragraphs 3.2, 3.3, 3.5 and 3.7 of the General Terms and Conditions are specifically brought to the attention of the Hire Company, all of which shall apply.
2.4 Lease agreements and settlement thereof is exclusively between the Hire Company and the Rental Customer. erento will not collect fees for the Hire Company unless this has been expressly agreed in writing.
3.1 When a Rental Customer requests a rental item via the contact form, the Hire Company is alerted and can view all such requests in the login area "My erento".
3.2 The request remains in the folder "New enquiries" until it is processed by the Hire Company. erento reserves the right to contact the Rental Customer and obtain information about the course of the booking.
4.1 Unless otherwise agreed, the contract between erento and the Hire Company will have a duration of 12 months. This duration is automatically extended by another 12 months, if not terminated under the terms of this contract. erento or the Hire Company may terminate this contract by giving at least three months’ written notice to the other to expire at the end of the then current 12 month period of the contract.
4.2 Additional agreements (such as for Top Position, Banner advertising, etc.) are automatically extended for an additional contract duration period if not cancelled in writing one month in advance of the contract expiry date.
4.3 erento shall have the right to terminate the contract immediately on written notice should the Hire Company commit a serious breach of the contract including, without limitation if::
although erento shall always have the option in such instances of deleting the offending item or temporarily blocking the User’s account.
4.4 Upon termination of the contract, erento shall have the right to delete any items placed on the Website by the User.
5.1 The fees for listing rental items and the prices for additional services and features (such as Top 3 Positions and Banners) are determined by the current erento price list or on the basis of individual agreement with erento. All fees are payable in advance. Invoices will be submitted to the Hire Company by email and must be paid within 10 days, unless agreed otherwise in writing.
5.2 The Hire Company has the opportunity to pay by Direct Debit. In this case the Hire Company has an obligation to ensure that the paying account always has sufficient funds to cover payments. If this is not the case or payment fails for any other reason, the Hire Company will bear the cost of a returned Direct Debit in the amount of 15,00 EUR per failed attempt.
6.1 The Hire Company indemnifies and holds harmless erento against all claims, damages, costs and expenses of whatever nature (including costs on an indemnity basis) which erento may incur or which may be awarded against erento and which arise out of the use of the Services by or with the permission of the Hire Company or out of a breach of this agreement. For the avoidance of doubt this indemnity includes, without limitation, costs and expenses reasonably incurred in responding to and dealing with claims made irrespective of whether proceedings have been commenced, and claims relating to the services or goods offered by a Hire Company through the website, ratings placed by one Hire Company in respect of another Hire Company, or as a result of the illegal offer or rental of an item.
6.2 The Hire Company is bound, in the event of a claim against erento, to provide erento immediately, truthfully and completely with all information required by erento to examine the claim and to prepare a defence against the claim.
7.1 The Hire Company has the possibility of offering individual items for rent through the Service. The items placed can be booked either through the Website or entirely or partially through one of the partner portals, which erento maintains in cooperation with other Internet services and in which the Service is wholly or partially integrated.
7.2 Unless otherwise agreed, the Hire Company must place any item in an appropriate category, describe it correctly and completely, and truthfully indicate any specific rental terms, features and characteristics of the item reasonably required by a Rental Customer in deciding whether to enter into a Rental Agreement.
7.3 If the Hire Company accepts orders from consumers, the Hire Company must state that the price named in the offer is the gross price (including VAT) and specify any other price components or additional charges to the consumer, as well as giving the exact rental rate.
7.4 The Hire Company must ensure that their offer of goods or services for sale or hire complies with all applicable laws, as must their supply or rental of such goods or services and the terms of any Rental Agreement they enter into with another User. This includes, without limitation, all applicable laws governing distance selling and e-commerce and the obligation to provide details of identity and address and to offer a right of cancellation.
7.5 The Hire Company has the possibility of describing the items to be placed with images that can be uploaded when placing the item on the erento server. The Hire Company warrants that by using the images no third party rights are infringed, such as copyright or other intellectual property rights.
7.6 The Hire Company must immediately remove items that are no longer available for rental or sale.
7.7 The hire company is obliged to provide accurate and complete billing and delivery details. If these details have changed in any way, the hire company is required to update this information in their user account immediately, or – if this is not possible – to notify erento of all the changes.
8.1 It is forbidden to place items in the Service and offer them for sale or rental
8.2 The rental and sale of animals, especially vertebrates, is subject to special legal conditions and laws for the protection of animals. The Hire Company shall be responsible for adhering to these regulations. Where an official license is required by law then only licensed Hire Companies have the right to list relevant animals on erento.
8.3 erento reserves the right to remove items that breach these Special Terms and Conditions or the General Terms and Conditions or violate any applicable law, without giving reasons and without prior warning. We draw your attention to Clause 4.3 and 7 of these Special Terms and Conditions.
9.1 Originals or duplicates of works on which copyright or performance protection rights exist (e.g. musical works, films, live recordings of performances or concerts, photographs, literary works, maps, paintings, graphics, computer programs, data bases etc.) can only be rented out with the express permission of the holder of the rights. This also applies, with the exception of buildings and works of applied art, even if the original or the copy was put into circulation by sale and with the permission of the holder of the distribution rights, and the Hire Company has legally acquired the original or copy.
9.2 The Hire Company confirms that the holder of the distribution rights on any item has given permission for the item to be rented out wherever such permission is necessary. Attention is drawn to Clause 4.3 and 7.
10.1 The item description given by the Hire Company, including any uploaded images or PDF documents, may not contain advertising for products other than the items offered unless explicit written consent is agreed with erento.
10.2 It is not permitted to create links to your website or a third party website unless explicit written consent is agreed with erento.
10.3 It is not permitted to disclose any company contact information in the descriptions (including titles and short descriptions) of any products listed on erento.
Please note: The previous Terms and Conditions from March 11, 2008 have been archived.
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