PORTABLE SAFTS RENT AGREEMENT
Tenant - a person accepting a portable safe for payment for temporary possession and use on the basis and in accordance with the terms of the Agreement.
Landlord - Limited Liability Company "NEXTFLY S.L." Legal address:
Espana, Tarragona, 43840, Salou, Calle Vendrell, local 5.
Contract - this contract of renting portable safes, including all attachments to it, as well as the credentials of the Tenant.
Rental - the relationship that develops between the Tenant and the Landlord regarding temporary possession and use of a portable safe.
Rental System - a set of safes rental infrastructure to provide the Landlord’s property for temporary possession and use, including partner rental points, portable safes and a website.
Point of Lease is a partner point, which is a place to get information about the portable safe and the conditions of its rent, as well as payment and receipt, or return.
Website - Landlord’s website at https://keepergo.net
Personal Account - a web page on the Site containing statistical information about the current status of the Tenant Personal Account (personal account).
Support phone: +34642360238
Email Support: firstname.lastname@example.org
2. RENT TERMS
2.1. In accordance with this Agreement, the Lessor undertakes to provide for temporary possession and use, and the Tenant to accept, pay for and promptly return the Property to the Lessor.
2.2. The Tenant's credentials, specified by him during registration on the Site, as well as the Portable Safes Rental Rules (Appendix 1), the Settlement Procedure (Appendix 2) are integral parts of this Agreement concluded between the Tenant and the Landlord (hereinafter referred to as Party, Parties).
2.3. The agreement is public and is concluded between the Parties by joining the Lessee to the Agreement as a whole on the conditions specified in the Agreement, established by the Landlord.
2.4. The Agreement is considered to be concluded, and the terms of the Agreement are accepted by the Tenant from the moment the Tenant is registered on the Site. At the same time, the obligation to provide the Property for rent to the Lessee, exists only in relation to the portable safes available to the Landlord.
2.5. The tenant is obliged to use the Property in strict accordance with its purpose and not to make any structural changes to the Property, not to sublet the Property, to donate, not to transfer its obligations under the Contract to third parties, to pledge rental rights or to pay them as property contribution.
2.6. If any provision of the Agreement contradicts the current legislation of Spain, the legal relations of the Parties settled earlier by such provision are governed by the current legislation of Spain taking into account the original interests of the Parties, and the remaining provisions of the Agreement continue to operate in full.
2.7. The absence by the Lessor of the provision of the strict fulfillment by the Lessee of any provision of the Agreement shall not be considered as a refusal by the Lessor of the rights granted by this provision.
2.8. Notifications and letters are considered as properly communicated to the Tenant, and the Tenant, respectively, properly notified (received letters and notifications) at the time of their sending to the email address and/or via SMS, or placing them in the Tenant’s personal account on the Site.
2.9. The landlord has the right to unilaterally make changes to the Contract, including all Annexes to the Contract. In this case, the Lessor shall post on the Site a modified version of the Agreement and/or Appendices thereto 10 (ten) calendar days before the entry into force of the corresponding version. The Lessee independently monitors on the Site the appearance of new editions of the Contract and/or Appendices to it, and is considered notified of the changes made from the date of posting on the Site of the corresponding modified edition of the Contract and/or Appendices to it.
2.10. Using the services of the Lessor, the Tenant agrees unconditionally with all the rules, conditions and information provided for in this Agreement, including, but not limited to: confidentiality policy, terms of payment for services, etc.
2.11. The terms of the Agreement apply to the relations of the parties arising from the date of registration of the Tenant on the Site.
2.12. The contract is for a period of 11 (eleven) months. In the event that no Party has expressed a desire to terminate the Contract before the expiration of the specified period, upon its expiration, the Contract shall be considered prolonged on the same conditions and for the same period. The number of prolongations is not limited.
2.13. The tenant has the right to unilaterally terminate this contract by sending an e-mail email@example.com to a signed declaration of withdrawal from this contract indicating the passport details of the Lessee ( including place of registration), and scan a copy of the passport. Such a letter should be sent to the Lessor from the Lessee's authorized email address (ie, registered with the Lessor in the system). The contract will be considered terminated after 5 business days from the date of receipt of this notice.
2.14. The Agreement is terminated on the grounds specified in the Agreement, its Appendices, as well as on the grounds stipulated by the current Spanish legislation.
2.15. The sole owner of the Site and the documentation relating to it is NEXTFLY S.L. LLC. Any intellectual property rights (including, without limitation, copyright, trade secrets, trademarks, patents, etc.) arising from the Site, enclosed on it, relating to it, associated with it or assigned to it, belong solely by LLC "NEXTFLY SL". This Agreement does not provide for the transfer of property rights to the Site or its components, but provides a limited right to use the Site, which can be revoked in accordance with the terms of the Agreement. None of the provisions of this Agreement can be considered as a waiver of NEXTFLY SL. Ltd. from its intellectual property rights in any jurisdiction.
2.16. The Tenant agrees to receive from the Landlord SMS alerts to the mobile phone number indicated during registration, confirming the status of the order and its delivery conditions, the status of the Personal Account, funds credited to the Personal Account, new rates, Landlord’s shares and Landlord’s partners, other news, as well as advertising messages character
2.17. The Lessee agrees to the Lessor for processing his personal data during the term of the Agreement, as well as during the period of the archival storage of the contractual documentation by the Lessor. Personal data includes: last name, first name, patronymic, address, contact information (mobile phone number, email address), data of the main identity document, other information about it specified in the Agreement or obtained by the Landlord during the execution of the Agreement, and specified by the Tenant on the official website. Consent is provided by the Tenant for the purpose of executing the Agreement, including for receiving notifications on registration, for a period until the Tenant reaches the purposes of processing personal data. The tenant also agrees to send him SMS messages, as well as e-mails.
2.19. The Lessee is obliged, within a period not exceeding 5 (five) working days from the date of the change of his personal data and other information specified at the time of entering into the Agreement, to notify the Landlord of the changes, making the appropriate changes in the information about himself through the Personal Account on the Site.
2.20. If there is a dispute, a Party sends a claim to the other Party indicating the reason for the dispute and the procedure for resolving the claim. If the requirements of the Party are not satisfied by the other Party within the time specified in this claim, the initiating Party has the right to apply for the protection of its rights to a court.
2.7. For all matters not regulated by the Agreement, the Parties are guided by the current legislation of Spain.
2.7. The place of conclusion of the Agreement is the Site of the Lessor www.keepergo.net, the date of conclusion - the date of registration of the Tenant on the Site.
Limited Liability Company "NEXTFLY S.L."
(NEXTFLY S.L., LLC: Lessor) Legal address: Tarragona, Spain, 43840, Salou, ul. Vendell 18, locale 5
Location address: Spain, Tarragona, 43840, Salou, st. Vendell 18, locale 5.
Bank Account: ES42 2100 0418 4302 0069 4646 в «LA CAIXA BANK».
Appendix No. 1 to the Portable Safes Rental Agreement
RULES FOR PORTABLE SAFES
1. PROCEDURE FOR PROVIDING PORTABLE SAFES FOR RENT
1.1. The Landlord provides the opportunity to rent portable safes during the rental * season, which opens from the moment such information is published on the Site and ends on October 31, 2019. The landlord has the right to reduce or extend the period of the rental of safes, depending on weather conditions.
1.2. The issuance of a portable safe to the lease is carried out by the Landlord to the Tenant in the partner Points, as well as at the location, which he indicates when arranging delivery, on the website.
1.3. The tenant gets the opportunity to take a portable safe for rent only after registering on the Site, as well as after fulfilling other conditions of the Rent.
1.4. The tenant is obliged to use only a personalized card to pay for renting a portable safe.
1.5. At the same time, the Tenant is entitled to rent no more than 3 (Three) portable safes.
1.6. The term (time) of the Rental session begins to run from the moment the safe is transferred by the courier to the Tenant at the specified and confirmed delivery address (partner point) when renting. The term of the lease (time) is terminated from the moment the safe is returned to the courier, or to the partner point, after corresponding confirmation in the personal account.
1.7. At the end of the Lease session, the Tenant is obliged to check the status of the portable safe, and also to check the completion of the Lease session on the Site (personal account). In the case when the portable safe is not in proper condition, the Tenant is obliged to notify the Operator of the Lease Site via the Support Telephone, or by email to firstname.lastname@example.org and state the essence of the problem. In case of problems with the completion of the lease session, the Lessee is immediately obliged to report the problem to the specified Support Phone or to the email@example.com mail. In case the Lease’s session was not completed properly by the Tenant, the Tenant shall be obligated to pay the accrued rental, and in case of loss of the portable safe, the Lessee incurred the losses.
1.8. When receiving a portable safe from a courier, the Tenant, in the event of any defects, must indicate this in the act of reception and transmission and a letter to the operator indicating personal data. In this case, the Lessee is entitled to rent another free portable safe.
1.9. At the time of the Rental, the Lessee assumes full responsibility for the proper care of the portable safe, its safety, careful use, for damage caused to the portable safe.
1.10. At the time of the Lease, the Lessee bears the risk of accidental damage to the portable safe.
1.11. The Lessee is obliged to return the portable safe to the Lessor in a technically sound condition, in the appropriate configuration and appearance. The returned portable safe must have a clean appearance. The technical condition, equipment and appearance of the portable safe should correspond to the same state at the time of receipt from the courier, taking into account its normal wear.
1.12. When damage is caused to a portable safe by third parties or by the Tenant itself, accidental damage to the portable safe, as well as when the Portable Safe is stolen from the Tenant, the Tenant must immediately inform the Landlord about this by calling Support Phone or mailing firstname.lastname@example.org, and provide explanations to the Landlord with a detailed description of the circumstances of such an event (time, place, participants, etc.). These explanations are provided in writing, signed by the Tenant at the address of the Landlord’s location or by e-mail email@example.com.
1.13. Using the services of the Lessor, the Tenant agrees that:
1.13.1. will use the services only for their own personal use and will not resell it to third parties.
1.13.2. will not allow others to use your Personal Account.
1.14.3. will not assign or otherwise transfer your Personal Account to any other natural or legal persons.
1.14.4. will not use the account, the right to use, which belong to another person, without permission.
1.14.5. ensure the reliability and confidentiality of the storage of the password or any identifying information provided by the Landlord and which allows access to the Personal Account and Lease.
1.14.6. provide the Lessor with ID documents that the Lessor may reasonably request.
1.14.7. The landlord has the right to put advertising materials on portable safes of various subjects at its discretion.
2. OTHER CONDITIONS
2.1. The tenant is prohibited from:
2.1.1. Take a portable safe for rent to persons under the age of 16 years.
2.1.2. Take a portable safe for rent in a state of alcoholic or other intoxication.
2.1.3. Make changes to the design, condition and appearance.
Appendix No. 2 to the Portable Safes Rental Agreement
1. CALCULATION OF RENTAL COST
1.1. The cost of the lease is determined in accordance with the tariffs (prices) indicated on the official website (www.keepergo.net). Rental rates are in Euros. Information about current tariffs is posted on the Site.
1.2. The Landlord notifies the Tenants by publishing a message on the Site, and (or) in places of the Rent, about the change of the Tariffs for the Rent, indicating the exact date of commencement of the new Tariffs.
2. CHARGING FOR RENT
2.1. Charges for rent are made by debiting funds from the Lessee’s bank card or by transferring cash to the courier upon delivery of the portable safe.
2.2. The Lessee is obliged to provide the Landlord with information on a valid, personalized bank card for making all payments at any time.
2.3. The agreement provides for an advance payment system for rent.
3. PAYMENT RENT
3.2. Payment is made by the Tenant with your bank card. The data of the Lessee, indicated on the bank card with which payment is made, must coincide with the data of the Lessee indicated by him when registering on the Site. At the same time, the Lessee must independently familiarize himself with the terms of making payments using his bank card, including the size of the fees charged, the timing of payments. The Landlord is not responsible for the amount of fees set by the bank that issued the Lessee’s bank card.
4. ACCOUNTING OF PAYMENT PAYMENTS
4.1. Payments of the Tenant are recorded on his Personal Account no later than the next business day after receiving an extract from the bank on the receipt of funds to the settlement account of the Landlord and receipt of documents that uniquely identify the Tenant and the purpose of payment.
5. OTHER CONDITIONS
5.1. The Tenant is aware and agrees that the Landlord with its technical means carries out the time of the Rental and reflects the relevant data in the personal account of the Tenant.
5.3. Limiting the possibility of renting:
5.3.1. The Landlord has the right to limit the Tenant’s ability to rent a portable safe when the bank declines payment.
5.3.2. The Landlord notifies the Tenant by means of an SMS message and/or by e-mail (if the Landlord has the appropriate contact information) that the opportunity of the Rent is limited due to lack of funds for payment. Such notification sent by the method provided for in this clause is deemed to be sent in writing and received by the Tenant at the time of its sending by the Landlord. The method of notification the Landlord determines on its own.
5.3.3. Restriction of the possibility of rent is removed only after confirmation of payment by the bank.
5.3.4. In cases of damage to the portable safe by the Tenant, accidental damage to the portable safe, and the Tenant's return of the portable safe with a delay, the Landlord will charge the Lessee in the amount provided on the official website (www.keepergo.net). The amount of money charged in the event of a portable safe breakage is determined by the amount incurred by the Landlord to purchase a new portable safe or carry out a refurbishment, including with the involvement of third parties. The deposit will be returned to the Tenant only when the damage to the portable safe is assessed and repaired.
5.3.5. Refunds to the card are made no later than 20 (twenty) calendar days from the date of receipt of the written application from the Lessee by wire transfer from the Landlord’s current account to the Lessee’s bank card with which the Rent was paid.
5.3.6. Claims for crediting, partial crediting or non-crediting of funds to the Personal Account of the Lessee are accepted by the Landlord only in case of payment by the method stipulated by the Agreement (from a bank card).
5.3.7. Claims of the Lessee are considered by the Lessor in the terms established by the current Spanish legislation. The place of receipt of the response to the claim is the Lessor’s mail. In the event that the Lessee’s claims for erroneously charged accruals or other monetary (financial) claims related to the Lease are recognized, the Landlord, at the time of recognizing such claims, credits a monetary amount equivalent to the amount of the recognized claims to the Lessee’s Personal Account. The moment of recognition of the claims of the Lessee is considered the moment of sending a notice of such recognition to his email address and/or SMS. At the same time, such notification and crediting of funds shall be considered as a written response of the Lessor to the claim of the Lessee.