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(a) an "Equipment" is any equipment supplied through the Vivishare website (the "Site");
(b) the owner is who makes his equipment available to other members of the portal;
(c) the customer is who takes the equipment to hire (or rent) from the owner.
The customer and the owner declare to:
- Have read and understood this Contract;
- Accept to be subjected to the terms of the Contract;
This Contract becomes effective at the moment the owner accepts the reservation. We deliver a copy of the contract to the customer in the booking confirmation email. Please check and report any absence.
Vivishare's service is to facilitate exchanges between members of the Community, manage transactions, promote sharing, and advertise the rental of tents for the roof of the car. This contract is a third-party beneficiary. The prices visible on the site are transparent and refer to the total.
1. OWNER OBLIGATIONS
The owner agrees to:
a) deliver the equipment clean and in perfect working order;
b) guarantee to the customer the peaceful enjoyment of the equipment for the duration of the contract.
2. CUSTOMER OBLIGATIONS
2.1 Identity recognition
For security reasons, and to guarantee maximum satisfaction for the entire Vivishare Community, the customer will allow the owner to photograph or photocopy a valid identity document, and take a picture of the car with license plate and installed equipment.
2.2 Security deposit (Escrow)
The equipment can be rented only after payment, if requested by the owner, of a security deposit of the value decided by the owner, which does not exceed the market value. In the booking process, the customer must insert the preferred payment method in the shopping cart.
We'll return the deposit at the end of the service. For credit card deposits, the sum of € 6.50 will be retained, due to bank transition costs.
The customer will use every regard to the equipment as "a good father or good family mother."
The customer agrees to return the Equipment to the owner in the same condition in which he received it, at the appointed time and date, and at the place specified by the owner. He or She also understands that there may be additional costs if the Equipment were to be returned at a different time, a different date or different place indicated, including charges for delay or transport costs.
In case of more extended use, the period must be agreed with the owner and subscribed in the Site. If the customer does not return the Equipment on the agreed date and place, and has not scheduled an alternative of the established time, or does not return it to the new appointment established, then
(a) the owner could assume that the customer does not want to return the Equipment, and could contact the police to get the equipment back;
(c) the owner will be able to exercise his rights and take all necessary measures to return to the possession of the Equipment or receive the full cost of it from the customer.
If the owner is not able to be present at the appointment for the return of the Equipment, the customer continues to be responsible for the maintenance of the same.
2.5 Damage to the Equipment
The customer must pay the owner for any loss or damage to the Equipment, regardless of the actual fault (for example, he must pay if others damage the Equipment). The customer is also responsible for any theft or vandalism, even if the customer is not involved in the facts.
If the Equipment has been damaged, the customer agrees to pay the repair costs or for the decrease in value, if any. If the Equipment is lost or damaged without repair (if determined by the owner) the customer must provide the full market value of the Equipment. Also, the customer is held responsible for the loss of use of the Equipment.
If the customer experiences any malfunctioning of the Equipment, which would affect its operation during the Rental Period, it must immediately notify the owner to obtain the authorization to repair it. Unauthorized repairs will be charged to the customer. The customer understands that the owner will not reimburse him for any repair authorized without a receipt. The customer must pay all repairs made necessary by the use of the Equipment during the rental period.
3. CANCELLATION OF RESERVATION, RIGHT OF WITHDRAWAL, REFUND
3.1 Cancellation of a reservation
The best solution for everyone in case of cancellation of the reservation is to agree on another rental period together.
3.2 Right of withdrawal
In accordance with the legal provisions in force, the customer has the right to withdraw from the purchase without any penalty and without specifying the reason, within the term of 14 days pursuant to art. 57 of Legislative Decree 206/2005. The customer who intends to exercise the right of withdrawal of the purchase can make it by filling out the document located in the "Right of withdrawal" section.
You can also communicate it by registered letter with return receipt to the address: via Fabio Filzi 27A 38023 Cles Italy If you do not want to use the means indicated above, you can also send an email, indicating the order number and name of the user, to firstname.lastname@example.org
If the customer finds problems with the equipment that could compromise the enjoyment, or if it does not conform to the owner's description, it is possible to request a refund. The customer has 12 hours to notify Vivishare since the onset of the problem. In any case, we don't refund the cost of the period already enjoyed, nor any non-contractual expenses.
4. RISK TERMS AND LIABILITY
4.1 Risk-taking and indemnity
THE CUSTOMER UNDERSTANDS, INTELLIGENTLY AND VOLUNTARILY, AND TAKES THE RESPONSIBILITY OF ANY RISK CONNECTED TO THE USE AND POSSESSION OF THE EQUIPMENT IN THE RENTAL PERIOD, INCLUDING WITHOUT LIMITATION, ANY PHYSICAL DAMAGE OR DEATH FOR SAME OR OTHER, DAMAGE TO PROPERTY OWN OR OTHERWISE, AND ANY CLAIM OF THIRD PARTIES, EVEN IF THOSE THINGS ARE THE RESULT FROM THE NEGLIGENCE OF THE OWNER, OR VIVISHARE, OF THEIR AGENTS, EMPLOYEES, PARTNERS, MEMBERS, OR COLLABORATORS.
KNOWING SUCH RISKS, THE CUSTOMER AGREES FREELY TO ASSUME THE RESPONSIBILITY FOR ANY DAMAGE TO THINGS OR PERSONS IN THE USE OF EQUIPMENT AND DECLARES TO LEAVE, THE OWNER AND OTHER ABOVE INDICATED, FREE FROM ANY LIABILITY.
5. GENERAL PROVISIONS
5.1 No guarantee
THE OWNER SUPPLIES THE EQUIPMENT TO CUSTOMER ON BASIS "AS IS" AND "AS AVAILABLE". VIVISHARE AND THE OWNER DO NOT WARRANT THAT THE EQUIPMENT MEETS THE EXACT DESIRES OF THE CUSTOMER.
5.2 Limitation of Responsibility
(a) IN THE MAXIMUM MEASURE APPLICABLE BY LAW, IN NO EVENT SHALL THE OWNER, LIVE, HIS SUBSIDIARIES, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL DAMAGES, CONSEQUENTIAL OR EXEMPLARY, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLE LOSSES, AS A RESULT OF THE RENTAL, USE, OR INABILITY OF USE OF THIS SERVICE. (b) IF VIVISHARE, IT'S AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR UNDERTAKINGS SHOULD BE LIABLE RESPONSIBLE, THIS LIABILITY TOWARDS THE CUSTOMER OR THIRD PARTY IS LIMITED TO A MAXIMUM OF (A) THE TOTAL COST PAID ACCORDING TO THIS AGREEMENT OR (B) 100 €.
5.3 - Law
What not expressly provided in this document, the Italian Civil Code is applied, and in particular the articles 1571 and ss. cc
5.4 - Disputes and Competent Court
Any dispute or controversy between the parties to this Agreement could be mediated by Vivishare. If the issue couldn't yet have a solution, the dispute is irrevocably assigned to the exclusive jurisdiction of the competent Court closer to the residence of the owner or Vivishare.