1. Definitions

Owner : Stille Disco is a trade name of Stille Disco/By Beumer. Stille Disco/By Beumer is the owner of all the equipment provided to the Hirer.

Hirer : The hirer shall mean any person, persons or body corporate entering into a Rental Agreement with the Owner for the hire of goods and equipment

Rental Agreement : the agreement between Owner and Hirer, in which the Owner is obligated to rent out the equipment to the Hirer; the Hirer is obligated to comply with the agreement that has been made.

Rental period : The agreed rental period commences when the Hirer takes possession of the equipment and terminates when the equipment is returned to the Owner, either in person or by courier or post to a PostNL collection point.

2. Owner details

Name of company: Stille Disco/By Beumer

Business address: Flevolaan 54B, 1382JZ Weesp, Nederland Telephone number: +31634514501

E-mail: info@stilledisco.nu

Chambers of Commerce (KvK): 683623207

VAT-number: NL208774737B01

3. Relevance

These terms and conditions shall be the basis for all financial transactions concerning hire, rental and services offered by stilledisco.eu / silentdisco.eu,  from here on referred to as the Owner.

4. Agreement and Cancellation

A Rental Agreement is made once an order is confirmed in writing by the Owner after payment has been made by the Hirer; or by way of consent to the Rental Agreement by both Owner and Hirer; or in the situation where the Owner has in effect authorised an order for rental, for instance by way of delivery. The Hirer will pay the rental fee as specified in the Rental Agreement. In case of cancellation of the Rental Agreement (or related products) more than a week in advance of whichever is the earlier out of (a) the start of the rental period or (b) the despatch of the rental equipment by the Owner, the Hirer is required to pay 25% of the total rental fee. In case of cancellation less than a week before either (a) or (b), 50% of the total rental fee is payable. In case of cancellation less than 2 days before either (a) or (b), 75% of the total rental fee is payable. In case of cancellation within 24 hours of (a) or (b) 100% of the total rental fee is payable.

5. Right of withdrawal (+ costs of withdrawal)

The Hirer is free to withdraw from the Rental Agreement within 14 days of receiving confirmation of the reservation, provided that the owner has not commenced the shipping process and provided that the period of withdrawal does not conflict with cancellation conditions under article (4) above. Should the date of order confirmation and the rental date have less than 14 days between them, the right of withdrawal is voided automatically and cancellation conditions under (4) above will apply. The owner shall confirm this by written request after the rental has been agreed. If the right of withdrawal does not conflict with the above cancellation conditions, and the Hirer has paid in advance, the Owner shall refund the amount paid as soon as possible, within a period of no more than 14 days after notification of the withdrawal.

6. Postal and courier requirements

The rental equipment can be picked up from the Owner. The other option is to agree that the rental equipment will be dispatched by the Owner to an agreed PostNL collection point (or similar), chosen by the Hirer, where the equipment can be picked up from and returned to by the Hirer.

In case of shipment via postal services the Terms and Conditions of PostNL will apply during the transport period. The Hirer will be notified of the status of the shipment with Track & Trace information. The equipment will be available for collection at the Post NL collection point on the first day of rental at the latest. When returning the equipment, the Hirer will ensure it is labelled with the return label supplied by the owner and delivered back to the collection point on the first working day after the end of the rental period. In case the goods are not returned on time, the Owner reserves the right to charge the Hirer for an extra day rental and any subsequent days for any late returned equipment. The date of return will be determined by PostNL Track & Trace information. The Hirer is liable for the risk and expense of all the equipment from the moment the delivery is signed for to the moment that the equipment is returned as described.

7. Delivery and Inspection

The Hirer will satisfy himself by taking possession of all equipment that are in good working order and in undamaged condition. In case of delivery per post or courier the Hirer (or his Agent) will be expected to immediately inspect and/or examine the equipment. In the event of damage to the equipment, the Owner will endeavour to replace the equipment forthwith. Should the Hirer not inspect the equipment immediately or use the equipment without reporting any loss or damage, it will be assumed that all equipment has been received undamaged and in good working order. It shall be the absolute responsibility of the Hirer to ensure the safekeeping of equipment and ensure its correct use in accordance with manufacturer’s instructions. The Hirer is forbidden to rent out or provide the equipment to third parties, and should make no attempt to examine, diagnose, repair, open up the equipment hired.

8. Returns

The Hirer is required to send the rental equipment back to the Owner at the end of the rental period. Parties can also agree to return the equipment via a PostNL collection point. In this case the rental agreement remains in effect until the rental equipment has been accepted and registered by PostNL, irrespective of any right the Owner may have to compensate. The Hirer will be liable for any costs resulting from any delay or failure in meeting the obligations as set out in the Rental Agreement.

9. Hirer’s Liabilities

During the entire rental period the Hirer is completely liable for any kind of loss or damage to the rental equipment. In the event that the rental equipment is returned in a bad state or is damaged, the Hirer is liable for all the repair and cleaning costs the Owner may incur, including any subsequent loss of rental revenue. Damages, disappearance, embezzlement, theft and complete loss of the equipment has to be reported to the Owner immediately. The Hirer will indemnify the Owner in respect of any loss or damage however caused whilst the equipment is in the Hirer’s possession and will indemnify the Owner in respect of any claims by third parties in relation thereto. The rental equipment is not insured by the Owner. The Hirer will provide adequate and appropriate insurance to cover all of the above risks, including damages following loss, theft or destruction of the rental equipment.

10. Damage or loss of the rented equipment

In case of damage to the rental equipment, repair costs will be charged to the Hirer. If the damage is greater than the purchase value of the rental equipment, a charge of €40.00 per set of headphones will be made. Each transmitter will be charged at a rate of €125,00; power cables at €20,00 and audio cables at €8,00. Should it not be possible for the equipment to be returned (due to loss, damage or theft), the current list price of the equipment will be charged. Notwithstanding the Owner’s right to claim compliance, compensation or suspension. In the case of missing and/or damaged rental equipment, the Hirer is still required to pay all rental costs in accordance with the Rental Agreement, as if the rental equipment is not missing or damaged.

11. Owner’s Liabilities

The Owner accepts liability for any damages the Hirer may incur as a result of an attributable breach of the Rental Agreement. Damages referred to include the financial disadvantage following damages to persons and/or goods. Immaterial damages are characterised by injury or damage to the health of persons, whether or not resulting in death, including ensuing damages. Material damages are characterised by damage or disappearance of the Hirer’s materials including ensuing damages.

12. Payment

Unless agreed otherwise, the Hirer must make all payments due within 7 business days of the period referred to in article 5. This period commences after the Hirer has received a rental confirmation via e-mail. The Hirer is liable for all costs the Owner may incur if enforcement of any due payments is necessary following no payment, late payment or other breach or termination of the rental agreement.

13. Default

If the Hirer fails to fulfil one or more contractual obligations; if the Hirer petitions for bankruptcy or a (provisional) moratorium on payments; if the Hirer is declared bankrupt; if the Hirer wholly or partially transfers company ownership; if the Hirer’s company is discontinued or liquidated; or if the Hirer or his company is wholly or partially placed under administration; the Hirer is assumed to have defaulted and the Owner has the authority to dissolve the rental agreement without any notices of default or intervention by the court. At all times and without prior notice of default, the Owner has the right to retrieve all rental equipment from the Hirer. The Hirer is obliged to comply and cooperate at the Owner’s request. In addition in all cases the Owner is never liable for any damages incurred by the Hirer or third parties in respect of the return of the rental equipment. The Hirer is liable for all related costs.

14. Force majeure

In the event of force majeure, or circumstances beyond the Owner’s control, delivery and other commitments will be postponed. Should the force majeure period in which the Owner cannot fulfil his obligations, extend beyond 3 days, both parties have the right to terminate the Rental Agreement without court intervention and without any obligation to compensation. If at the time of force majeure the Owner has already fulfilled part of his obligations, the Owner has the right to invoice whatever has already been supplied and the Hirer is required to pay. Force majeure is characterised by circumstances beyond the reasonable control of the Owner and unforeseen at the time of making the Rental Agreement. Examples include, but are not limited to, late or non delivery by suppliers, fire, water damage, extreme weather, road closures, work stoppages.

15. Complaints

The Owner has a well-publicised complaints procedure and will deal with any complaints in compliance with this complaint procedure;

Any complaints in respect of the implementation of the Rental Agreement will have to be submitted in writing within 7 days of any shortcomings together with a complete and clear description

Submitted complaints will be answered within 14 days of receipt. Should the complaint require more processing time, in any event the Owner will send an acknowledgment of receipt with an indication of the time needed to handle the complaint;

Should a complaint not be mutually resolved, the disagreement can be submitted for a dispute settlement procedure;

The Hirer can then contact a free mediation service: Stichting WebwinkelKeur ( www.webwinkelkeur.nl ). If the disagreement persists beyond the help of a mediator, the Hirer has the option of requesting an independent commission at Stichting WebwinkelKeur to deal with the complaint. The decision shall be final and binding upon both parties to the dispute. The costs associated with this procedure are to be borne by the Hirer and are to be paid directly to the commission. It is also possible to notify the European ODR platform (http://ec.europa.eu/odr) of any complaints;

Any complaint does not suspend the Owner’s obligations unless the Owner indicates otherwise in writing.

16. Additional/or variations to conditions

Any changes to the Rental Agreement or variations of these terms and conditions will only apply when these have been agreed in writing by the Owner and the Hirer.