GENERAL TERMS AND CONDITIONS OF BUSINESS

§1 Conditions and subject matter of the contract
The general terms and conditions apply, unless amended in writing, to the rental of rental properties that RENTMAS makes available to the tenant and form an essential part of the contract and apply in any case to all services provided by RENTMAS. Unless otherwise agreed in writing, the conclusion of the rental contract between the two contracting parties requires the acceptance of these conditions by the client.

§2 Handover and return
The tenant is the person or company that rents a rental property from RENTMAS. The rental property is handed over by RENTMAS or companies commissioned by RENTMAS with or without staff in accordance with the agreements between the parties.

The delivery conditions may be modified due to unforeseen circumstances and/or special needs, as well as inspections or availability of the rental property and other causes of force majeure. RENTMAS is exempt from any liability and obligation in this regard. When the rental property is handed over, the tenant must ensure that it is suitable and suitable for use, and it is strictly forbidden to make any changes or alterations to the rental property. Any defects found before use must be reported to RENTMAS immediately in writing. RENTMAS undertakes to verify the report and, if necessary, to repair the rental property and/or replace it with a similar and suitable property, depending on availability. At the end of the rental contract, the rental property must be returned to RENTMAS in the same condition in which it was delivered, completely clean, apart from normal wear and tear associated with proper use.

Any defects or wear and tear that exceed the standard or are caused by negligence, carelessness on the part of the user or simply by improper use of the rental property must be reported to RENTMAS immediately in writing. RENTMAS will arrange for repairs to be carried out by technicians and/or companies trusted by RENTMAS or with which RENTMAS has an agreement and will invoice the tenant for the costs incurred. In this case, RENTMAS, which is not liable for defects resulting from non-compliance with the instructions for use, can, at the tenant's request, provide a replacement with a new rental contract. When returned to RENTMAS, the rental property must not show any damage. Otherwise, the tenant will be charged for the costs of repairing and restoring the rental property to its original condition, including the costs of labor, spare parts and transport to the workshop.

§3 Ownership of the rental property

Since the rental property is not the property of the tenant, and should third parties carry out legal actions, seizures or enforcement proceedings of any kind on the rental property, the tenant is obliged to: a) immediately inform third parties who carry out the above-mentioned actions that the property is not his property; b) immediately inform RENTMAS in writing of the relevant incidents.

§4 Compliance with laws and regulations
The tenant must comply with the rules and laws applicable to the use of the rental property, with particular attention to occupational safety. The use of the rental property for improper use, i.e. use that is not provided for in the use and maintenance manual (if required) given to the tenant, or that is not carried out in accordance with these regulations, is strictly prohibited (and the tenant assumes the resulting liability for non-compliance with these regulations). The tenant also guarantees and undertakes to assume any resulting responsibility and liability that may arise from such non-compliance.

§5 Liability
As mentioned in point 3, the rental property is not the property of the tenant and therefore may not be passed on by the tenant to third parties for safekeeping or use, in particular the tenant assumes full civil and criminal liability for all damage that may be caused to persons and property as a result of the use and maintenance of the rental property in question from the time of handover to the time of return to RENTMAS. In the event of non-compliance with these and the following rules, which the tenant undertakes to comply with, RENTMAS is exempt and held harmless from any liability and effect resulting therefrom. The tenant expressly acknowledges that he is also personally liable to the competent labor inspectorate and other authorities for the entire duration of the rental period, e.g. for any violation of the applicable safety regulations, in particular for the violation identified in connection with the use of the rental property.

The unavailability, decommissioning and/or seizure of the rental property for any reason and for any duration not attributable to RENTMAS but caused by force majeure or events beyond RENTMAS' control shall not entitle the tenant to claim damages or penalties of any kind.

§6 Tenant's obligations
The tenant undertakes to use the rental property with the care and responsibility of a good family man and in accordance with the manufacturer's instructions and to use the rental property only in the designated area and with qualified personnel who are technically prepared, informed and trained for use. During the rental period, the tenant must grant RENTMAS staff or companies commissioned by RENTMAS access to the premises in order to check that the rental property is being used properly. Any relocation of the property must be notified to RENTMAS in advance.

§7 Deposit and bill payment
Rentmas is entitled to request the payment of a sum of money from the tenant as security for the services to be provided to the tenant. The tenant pays the deposit either by bank transfer using the bank details provided by Rentmas or by credit card. If, after paying the deposit, the rental property shows damage after being returned to RENTMAS, Rentmas may retain the deposit paid. The bank transfer is made "subject to successful completion", which is to be considered a resolutive condition pursuant to art. 1353 of the Italian Civil Code. Within the deadline indicated by Rentmas, the tenant must make the transfer and send Rentmas a copy of the transfer receipt with the CRO (Transaction Reference Code) or other equivalent code by email. After this deadline, without Rentmas having proof of the requested payment, the tenant's request for services will be considered invalid and the service and the requested rental property will be released. The tenant, by choosing to pay the deposit by credit card and by providing the relevant details when making the request, gives Rentmas the mandate to retain the amount established as a deposit by debiting the tenant's credit card. It is understood that, in any case of refusal of the aforementioned direct debit transaction, Rentmas is free to release itself from the order without any liability arising therefrom. In the event of payment of the deposit by bank transfer and/or credit card, the tenant and Rentmas undertake to comply with the conditions set out in this article.

§8 Maintenance and repairs
Rentmas also provides the tenant, through contracted companies, with the information necessary to fulfil this agreement, as further described in point 2. It is recalled that all transport, spare parts, travel and transport costs related to the repair or replacement of parts found to be defective or damaged after or during the rental period are to be charged to the tenant, who bears full responsibility for the correct and appropriate use of the rental property and for checking its efficiency at all times, even after maintenance and repair.

If the rental object is used in a manner that does not comply with the manufacturer's instructions, or if it is dismantled, modified or even partially repaired outside the workshops of a company designated by RENTMAS or agreed with RENTMAS or its personnel, or if the rental object is not stopped in time to remedy defects, the repair costs will always be borne by the tenant.

The following are also at the tenant’s expense:

a) Daily maintenance operations (such as cleaning and lubrication of the machine, cleaning and replacement of filters, checking the density of the electrolyte and refilling the battery with distilled water, etc.) and related materials, which must be of the types prescribed by the manufacturer;

b) maintenance or replacement of tyres in case of breakage or cuts;

c) the repair of breakdowns or wear and tear caused by negligence, improper use or overloading of the machinery, or by the fact that the rental object has not been stopped immediately when defects occur;

(d) the work or repairs necessary to remedy excessive wear and tear.

§9 Non-fulfillment
In the event of non-fulfillment of any of the above-mentioned special and general conditions, the rental agreement will be automatically terminated. The tenant is obliged to return the rental property to RENTMAS immediately. RENTMAS will arrange for its agents to collect it, wherever the property is located, without any formalities and without any restrictions.

§10 Early withdrawal and right of withdrawal
In accordance with Article 1373 of the Civil Code, if RENTMAS accepts the offer, the tenant may withdraw from the contract before its execution by notifying this in writing at least three working days before the contractually agreed start of execution. RENTMAS reserves the right to apply a penalty for lost time, which is calculated on the basis of the number of days of non-rental.

§11 Solve et repete clause

The tenant is not entitled to raise objections to the provision of the contractual service by RENTMAS if he has not fully complied with his obligations, in particular with regard to payment of the service, costs and any compensation.

§12 Validity of the contract
These general terms and conditions can be accessed by the tenant on the website www.rentmas.net so that the tenant can accept, save and reproduce them. The respective rental contract is concluded with the tenant's application via the rentmas.net platform and the subsequent confirmation of availability regarding the tenant's application by RENTMAS. RENTMAS reserves the right to accept the order after its own review based on the data provided by the tenant.

§13 Binding nature of terms and clauses
The terms and clauses of these general terms and conditions are to be considered mandatory and essential because the parties so wish and because otherwise RENTMAS and the tenant would not have concluded the contract.

§14 Data protection
For the purposes of this contract, the parties declare that all personal data arising from this contract and the orders resulting from it, both in relation to the parties and to the parties' personnel and to identified and identifiable third parties involved in any way, will be processed in accordance with Regulation (EU) 2016/679 - GDPR - and Legislative Decree 196/2003 and subsequent amendments and additions - Data Protection Code. By signing this contract or order, the tenant also declares that he has been duly informed, in accordance with the legal provisions, that all rental properties are equipped with technical precautions, such as geolocation and traceability systems, for logistical and organizational purposes, and consents to the collection and subsequent processing of such data, for example in relation to the geographical location or condition of the respective rental property.

§15 Interpretation, modification, invalid clauses
Any appendices are to be considered an integral part of the contracts to which they refer. Unless otherwise stated, any reference to price lists, general terms and conditions or other documents shall apply to the documents in force at the time of the reference; the corresponding documents previously in force between the contracting parties are thus null and void.

The explanations given during the negotiation or execution of the rental agreement, as well as the conduct of the contracting parties, may only be used for the interpretation of the contract or order to which they refer and, in any case, only if they do not conflict with these general terms and conditions or other agreements agreed in writing at the time of conclusion of the contract or order in question.

Any changes or additions made by the parties to contracts governed by these general terms and conditions must be made in writing to be valid. An exception to one or more provisions of these general terms and conditions may not constitute a comprehensive or analogous interpretation of others and is not subject to the intention not to apply the general terms and conditions as a whole.

In the event of invalid or ineffective contractual provisions, the contract as a whole shall be interpreted as if it contained all those clauses necessary to legally achieve the main purpose of the agreement containing the clauses in question.

§16 Place of jurisdiction and applicable law
The exclusive place of jurisdiction for all disputes relating to contracts or orders or otherwise arising from contracts subject to these general terms and conditions is Bolzano (Italy). The contractual relationship is subject exclusively to the law of the Italian Republic.

Pursuant to Articles 1341 and 1342 of the Swiss Civil Code, the parties expressly declare that they have approved the following clauses: Article 1 (Conditions and subject of the contract), 2 (Delivery and return), 3 (Ownership of the rental property), 4 (Compliance with laws and regulations), 5 (Liability), 6 (Obligations of the tenant), 7 (Deposit and settlement of invoices), 8 (Maintenance and repairs), 9 (Non-performance), 10 (Early withdrawal and right of withdrawal), 11 (Solve et repete clause), 12 (Validity of the contract), 13 (Binding nature of terms and clauses), 15 (Interpretation, modification, invalid clauses), 16 (Jurisdiction and applicable law)