GENERAL TERMS AND CONDITIONS OF HIRE
All equipment hired from Napalm Rentals S.L. is subject to the following terms and conditions. By hiring equipment from Napalm Rentals, the Customer acknowledges that they have read, understood, and accepted these Terms and Conditions.
1. GENERAL PROVISIONS
Napalm Rentals S.L. is a Spanish company registered with the Barcelona Commercial Registry under registration details: Volume 46789, Folio 94, Sheet B-530960, Entry 1, Tax Identification Number (CIF) B-67170274, with its registered office at Pere IV 78, 08005 Barcelona, Spain.
The hire agreement shall become effective upon the Customer's acceptance of the equipment at the time of collection or delivery. The person collecting the equipment shall sign the Delivery Note, thereby accepting these General Terms and Conditions. In all cases, Napalm Rentals shall consider the individual receiving the equipment and signing the agreement to have been duly authorised to act on behalf of the contracting party.
2. OWNERSHIP OF THE EQUIPMENT
The equipment remains the property of Napalm Rentals or of third parties who have entrusted it to Napalm Rentals, and remains under its custody and responsibility.
Subleasing or sub-hiring any equipment rented from Napalm Rentals is strictly prohibited unless prior written authorisation has been expressly granted.
3. CUSTOMER RESPONSIBILITIES
By signing the hire agreement, the Customer acknowledges having inspected the equipment and confirms that it is in good working order and satisfactory technical and cosmetic condition, and that all equipment listed in the quotation has been supplied.
No claims regarding the condition or completeness of the equipment will be accepted once the equipment has left Napalm Rentals' premises.
The Customer undertakes to safeguard the rented equipment with due care and in a professional manner. The Customer shall protect the equipment from adverse weather conditions and take all reasonable precautions necessary for its preservation and security.
The Customer shall be fully liable to Napalm Rentals S.L. for any loss or damage occurring while the equipment is under the Customer's responsibility, namely from the moment the equipment is collected until all hired equipment has been returned.
The Customer shall avoid exposing the equipment to any situation that may result in damage, theft, or loss.
Furthermore, the Customer agrees to notify Napalm Rentals S.L. in advance and obtain its express written approval before using the equipment in any hazardous production, including but not limited to (underwater filming, aerial filming, filming involving moving vehicles or any comparable high-risk activity). Napalm Rentals S.L. reserves the right to amend the hire conditions, refuse such use, or cancel the hire agreement entirely.
The Customer shall not modify, dismantle, alter, repair, adapt or otherwise interfere with the rented equipment.
The equipment may only be operated by qualified personnel with sufficient knowledge and experience in its proper use. Napalm Rentals assumes no obligation to provide training. The Customer shall remain fully responsible for any damage resulting from improper use.
Any costs arising from transport-related damage, loss during transit, or customs detention of the equipment shall be borne exclusively by the Customer.
4. COLLECTION AND INSPECTION OF THE EQUIPMENT
The Customer shall be personally responsible, either directly or through a qualified technician or competent representative, for inspecting all hired equipment and verifying that all items listed in the quotation have been supplied.
Once this inspection has been completed, the hire agreement shall be signed. From that moment onward, the equipment shall be under the sole responsibility of the Customer, and Napalm Rentals S.L. shall be released from any liability regarding the condition or quantity of the equipment delivered.
Before collecting any hired equipment, the Customer, or where applicable the appointed carrier, must present a valid National Identity Card (DNI), Foreigner Identification Number (NIE), or passport. No other form of identification shall be accepted.
For security purposes, a copy of the identification document will be scanned and stored together with the documentation relating to the commercial transaction, in compliance with the applicable Spanish Data Protection legislation. Once the legally established retention period has expired, such documentation shall be securely destroyed.
5. WARRANTY
Should any item of equipment malfunction during the rental period, the Customer must immediately notify Napalm Rentals and return or ship the equipment to its premises.
If, upon inspection, Napalm Rentals confirms the existence of a fault, it shall provide replacement equipment, subject to availability.
Should Napalm Rentals' technicians determine that no fault exists or that the malfunction has resulted from improper use, misuse, or negligence, the Customer shall be charged the applicable rental fee for the replacement equipment supplied.
Where urgent operational requirements and transport times make this necessary, the Customer may request that replacement equipment be dispatched before returning the allegedly defective equipment.
If Napalm Rentals subsequently determines that no defect exists, the Customer shall be charged for the rental of both the original and replacement equipment.
Under no circumstances shall Napalm Rentals be responsible for transport costs arising from equipment breakdowns or replacements. Such costs shall always be borne by the Customer.
6. INSURANCE
All equipment hired from Napalm Rentals is covered by a mandatory insurance charge equal to 8% of the rental value. This insurance fee shall apply to every rental agreement and shall be itemised in the Customer's quotation.
Alternatively, the Customer may provide their own insurance policy covering the hired equipment.
Such policy must provide Third-Party Property Liability insurance specifically covering the rented equipment and must provide coverage equal to or greater than that offered by Napalm Rentals.
The Customer must provide a valid insurance certificate prior to collection of the equipment.
Should the Customer fail to provide satisfactory evidence of equivalent insurance, they shall remain fully liable for the financial consequences of any loss or damage affecting the equipment.
This insurance exclusively covers audiovisual and photographic equipment, together with its accessories, owned by Napalm Rentals S.L., and only during the agreed rental period.
Coverage shall only apply where the equipment is specifically listed in the signed rental agreement, including the agreed rental dates.
Insurance coverage shall commence when the equipment comes under the Customer's responsibility and shall terminate once the equipment has been returned to Napalm Rentals S.L.
Coverage applies during:
until the equipment has been returned to its owner.
Covered Risks:
The insured equipment is covered against accidental physical loss or damage arising from:
Theft Cover Conditions:
Where equipment is left inside a vehicle, theft shall only be covered provided that all the following conditions are met:
In the event of theft, the Customer must immediately report the incident to the competent police authority nearest to where the theft occurred.
Exclusions:
This insurance shall not cover losses or damage arising from:
Any incident giving rise to a claim must be reported by the Customer within 24 hours of its occurrence.
In the event of damage, the Customer undertakes to return the affected equipment immediately to Napalm Rentals so that the extent of the damage can be assessed.
Where a loss is not covered by this insurance, the Customer shall compensate Napalm Rentals based on the new replacement value of the affected equipment.
In all such cases, the Customer shall repair, replace or indemnify Napalm Rentals for any damaged, lost or missing equipment within seven (7) calendar days.
This insurance is subject to the following deductibles:
Insurance coverage for equipment declared by the policyholder as being used temporarily within the European Union shall apply not only in mainland Spain, the Balearic Islands, the Canary Islands and Andorra, but also in the following countries:
Germany, Austria, Belgium, Denmark, Slovakia, Slovenia, Estonia, Finland, France, Greece, the Netherlands, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Portugal, the United Kingdom, the Czech Republic and Sweden.
Coverage is also extended to the following neighbouring countries:
Andorra, Vatican City, Liechtenstein, Norway, Monaco, Switzerland and San Marino.
Where equipment is intended to be used in any excluded country or outside continental Europe, the Customer must notify Napalm Rentals at least 10 days in advance so that an extension of insurance coverage may be arranged.
Such extension may involve an additional premium and shall be subject to a deductible equal to 15% of the value of the claim, with a minimum deductible of €300.
This extension shall not be available for countries affected by war or undeclared armed conflict.
Additional insurance for use under extreme conditions may be arranged, provided that Napalm Rentals has been informed in advance and has expressly agreed in writing.
The rental agreement may be terminated early by either party.
Termination shall become effective upon the return of the equipment to Napalm Rentals' premises.
Rental charges shall continue to accrue until the equipment has been physically returned.
Where any discounted rental rate has been applied based upon the originally agreed rental period, Napalm Rentals reserves the right to revise or withdraw such discount should the rental period be shortened before its agreed expiry.
7. EXTENSION OF THE RENTAL PERIOD
Should the Customer require an extension of the rental period, Napalm Rentals recommends submitting the request as early as possible.
Any extension shall be subject to equipment availability, and Napalm Rentals reserves the right to refuse any request to renew or extend a booking.
8. LATE RETURN OF THE EQUIPMENT
If the equipment is not returned on the date specified in the hire agreement without prior notice to, and express approval from, Napalm Rentals, the rental agreement shall be deemed to remain in force.
In such cases, the Customer shall be charged 150% of the applicable daily rental rate for each day of delay.
Where the delay exceeds 24 hours, Napalm Rentals S.L., in addition to charging the increased daily rental rate, reserves the right to immediately commence any legal proceedings it deems appropriate.
9. PAYMENT TERMS
The full rental amount must be paid to Napalm Rentals S.L. before the equipment is collected.
From the third rental agreement onwards, Customers may be granted 30 calendar days from the invoice date to settle the outstanding balance, subject to approval by Napalm Rentals.
Payment may be made by:
Where payment is made by bank transfer, the full amount due must have been received and cleared in Napalm Rentals' bank account before the equipment is released.
10. LATE PAYMENT
Failure to make payment by the agreed due date shall automatically give rise to default interest at the statutory rate applicable under Spanish law.
In addition, a late payment penalty equivalent to one and a half times the applicable statutory interest rate shall apply.
11. RETURN OF THE EQUIPMENT
The equipment must be returned to the same Napalm Rentals premises from which it was originally collected.
Upon return, the Customer shall ensure that:
Where the Customer has contracted Napalm Rentals' transport service, the inspection of the returned equipment shall be carried out by Napalm Rentals' technicians.
However, this shall not relieve the Customer of their responsibility to verify the completeness and condition of the equipment prior to collection by the carrier.
12. SECURITY DEPOSIT
Napalm Rentals may require the Customer to provide a security deposit in respect of the hired equipment.
The security deposit shall serve as security for:
without prejudice to the insurance provisions set out in Clause 6.
The security deposit shall be refunded in full once all equipment listed on the corresponding Delivery Note has been returned in complete and satisfactory condition.
Napalm Rentals reserves the right to retain the security deposit for up to 72 hours following the return of the equipment in order to complete the inspection process.
13. TRANSPORTATION AND TECHNICAL SUPPORT
Transportation services are not included in the standard equipment rental price.
Napalm Rentals offers an optional transportation service for the delivery and collection of hired equipment.
Where required, the applicable charges and conditions shall be specified in a separate quotation.
The service is subject to availability.
Two transportation services are available:
Where Napalm Rentals technicians are present on location, they shall at all times remain under the operational responsibility of the Customer.
Napalm Rentals shall not be liable for any damage occurring to the equipment during the rental period.
Use of Napalm Rentals Vehicles
Where the agreed transportation service includes the temporary use of a vehicle owned by Napalm Rentals, the following conditions shall apply:
14. CUSTOMS
The Customer shall notify Napalm Rentals S.L., either at the time of entering into the rental agreement or at any time thereafter during the rental period, of any intention to take the hired equipment outside Spain.
Where any equipment owned by Napalm Rentals is to be transported to a country outside the European Union, the Customer shall ensure that the equipment is accompanied by all documentation required by the relevant customs authorities.
Obtaining and managing such documentation shall be the sole responsibility of the Customer.
Napalm Rentals offers an ATA Carnet administration service for a fee of €150 per ATA Carnet, in addition to any official costs or charges associated with the issuance of the ATA Carnet.
Any customs procedures, documentation or administrative services not expressly contracted in advance, as well as any costs arising from the detention or immobilisation of equipment by customs authorities resulting in a delay in returning the equipment, shall be charged to the Customer.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Spain.
For the interpretation, performance and enforcement of these General Terms and Conditions, the parties expressly submit to the exclusive jurisdiction of the Courts of Barcelona, Spain, waiving any other jurisdiction that may otherwise be applicable.
DATA PROTECTION
In accordance with Organic Law 3/2018 of 5 December on the Protection of Personal Data and the Guarantee of Digital Rights, together with any implementing regulations, Napalm Rentals S.L. informs the Customer that any personal data provided will be processed and incorporated into files for which Napalm Rentals S.L. is responsible for the purposes of managing the rental service and the contractual relationship.
Napalm Rentals undertakes to implement the technical and organisational measures necessary to ensure a level of security appropriate to the risks associated with the processing of personal data, in accordance with applicable data protection legislation.
Under the applicable data protection regulations, the Customer may exercise their rights of:
These rights may be exercised by contacting the Data Controller:
Data Controller: Max de Rosselló
Spanish Tax ID (NIF): 48094682A
Address:
Pere IV 78
08005 Barcelona
Spain
Email: info@napalmrentals.com