General rental conditions

Introductory article - Purpose of the general rental conditions

Unless otherwise specifically agreed, these general rental conditions (hereinafter the “GTCs”) apply to any rental of equipment (hereinafter the “Equipment”) between the company Atawa (hereinafter the “Service Provider”) and the author of the order (hereinafter the “Customer”).
The services included in the rental are agreed between the parties when the order is placed and may include the delivery of the Equipment, including the outgoing transport and assembly, the provision of the Equipment, the return of the Equipment, including the dismantling and return transport, and any ancillary services agreed between the parties.

Article 1 - Acceptance of the T&Cs

1.1 The validation on the Customer's online space (Atawa-app.com system) of an Atawa rental proposal by the Customer automatically leads to the acceptance of the GTC
1.2 Any validation of a proposal by a method other than the Atawa-app.com system leads to the acceptance of the Terms and Conditions, available on the Customer's online space and accessible from the email containing the Service Provider's proposal.
1.3 These GTC replace any general terms and conditions of purchase or rental of the Customer.

Article 2 - Formation and cancellation of the order

2.1 The online validation of a proposal by the Customer leads to the creation of an order (hereinafter the “Order”) and the start of the process of verifying the availability of the Equipment by the Service Provider.
In case of availability at the end of the verification process, the Order will be confirmed by the Service Provider to the Customer by email.
In the event of unavailability of the Equipment, the Customer will be notified, resulting in the cancellation of the Order, at no cost for any party.
In the event of availability of equivalent Equipment, the Service Provider may offer this substitute Equipment to the Customer who will have 48 hours to accept or refuse the proposal. Acceptance of the equivalent Material by the Customer will result in the confirmation of the Order. The Customer's refusal or the absence of a timely response from the Customer will result in the cancellation of the Order, at no cost to any party.
The Service Provider is not liable for damages in the event of a cancelled Order.
2.2 Any additional Order placed after the initial Order will be subject to the General Terms and Conditions and will be subject to additional billing.
2.3 Any modification of the Order at the initiative of the Customer, including the delay of the Order in time, even for a case of force majeure, is subject to the acceptance of the Service Provider and to the feasibility of this modification. The modification of an Order, if possible, may lead to an increase in the rental price at the expense of the Customer.
2.4 In the event of cancellation of the order by the Customer no later than three months before the expected delivery date, 60% of the price including VAT of the Order is due. The full price including VAT of the Order is due in the event of cancellation of the Order by the Customer less than three months before the delivery date. These provisions apply even if the cancellation by the Customer is caused by exceptional circumstances that occurred after the confirmation of the Order, such as a case of force majeure.

Article 3 - Prices and regulations

3.1 Prices are always exclusive of taxes and in euros, unless otherwise stated. The Customer agrees to pay any amount due for the rental by bank transfer or check.

3.2 Unless otherwise agreed in writing, an advance invoice of 60% of the total amount of the Order including VAT will be issued to the Customer as a first deposit upon confirmation of the Order.
A new advance invoice allowing 100% of the total amount including VAT will be issued to the Customer one month before the delivery date, minus the amount received as part of the first deposit.
For any Order confirmed less than one month before the delivery date, a single advance invoice, of 100% of the total amount of the Order including VAT, will be delivered to the Customer upon confirmation of the Order.
In the event of changes to your reservation with your advisor less than one month before the event, or additional costs, the balance bill will be adjusted accordingly. Otherwise, the balance bill will be for zero.

3.3 Unless otherwise agreed, these invoices are payable upon receipt. Any delay in the payment of the amounts due by the Customer to the Service Provider automatically makes payable late payment interest of 12% as well as the payment of compensation of 40 euros in recovery costs. In the absence of payment by the Customer within 15 days from the receipt of the advance invoices, the Service Provider may consider that the Customer has cancelled the Order. In this situation, the Customer will be liable for the cancellation fees provided for in article 2.4 above.

For any Order confirmed 30 days or less before the delivery date, the Customer must send the Service Provider proof of payment of the deposit invoice of 100% of the total amount including VAT of the Order no later than 48 hours after receipt of the invoice. If the Service Provider does not receive proof of payment by the Customer, the Service Provider may consider that the Customer has cancelled the Order. In this situation, the Customer will be liable for the cancellation fees provided for in article 2.4 above.

In any case, if the Service Provider has not received proof of payment of 100% of the amount including VAT of the Order the day before the expected delivery of the Equipment, the Service Provider may consider that the Customer has cancelled the Order and may therefore not deliver the Equipment. In this situation, the Customer will be liable for the entire price including VAT of the Order.

3.4 In the event of non-use of the Equipment, the Customer remains liable for all amounts due.

3.5 The Service Provider reserves the right to increase the initial price of the Order for the following reasons:

- Technical delivery and installation characteristics different from those provided for in the Order generating additional costs (for example, higher than expected delivery and recovery costs of the Equipment, costs of additional equipment, costs of upgrading the floor), identifiable in particular using a technical visit (see articles 4 and 5 below);

- Additional labor and/or transport costs for the Service Provider in the event of intervention on Sunday, a holiday, outside working hours, or in the event of a modification of the Order, or at the request of the Customer;

- Terms of delivery and recovery and/or implementation not stipulated in the Order, leading to an extension of the duration of delivery/recovery operations (such as but not limited to: failure to refurbish furniture, delivery upstairs without a freight elevator, distance between the place of parking and unloading and the place of installation, ballasting resulting from the possibility of anchoring the structure by picketing, congestion of the installation site of the Equipment);

- Waiting period for which the responsibility is not attributable to the Service Provider (impossibility of access to the place of delivery or collection of the Equipment, lack of coordination with other service providers, delay by the customer to receive the delivery, impossibility of movement of the Service Provider's vehicles, impossibility of movement of the Service Provider's vehicles, heavy goods vehicle, semi-trailer, forklift, .. );

- Costs incurred by the Service Provider for the delivery of the Equipment in the condition in which it was before the delivery of the Equipment, including its cleaning, or the replacement of the Equipment in the event that the restoration of the Equipment is impossible;

- Parking costs and/or possible security costs for the means of transport used as part of the rental during delivery/recovery operations as well as during the outbound transport and the return transport of the Equipment;

- Possible costs of filling the holes carried out by the Service Provider for fixing the Equipment, according to the Customer's wishes.

3.6 The Service Provider reserves the right to ask the Customer to pay a security deposit by check to guarantee the payment of a duly justified price increase for the reasons detailed in article 3.5 above. Without a price increase, the guarantee will be destroyed or returned at the end of the rental. In the absence of receipt of the guarantee by the Service Provider within 5 days following the request, the Service Provider reserves the right to cancel the Order at no cost to any party.

3.7 If the delivery/assembly of the Equipment under the conditions validated by the Customer is impossible without modifying the Order, even on the day of delivery/assembly, and the Customer refuses this modification, the Service Provider may consider that the Customer has cancelled the Order. In this situation, the Customer will be liable for the cancellation fees provided for in article 2.4 above.

Article 4 - Obligations of the service provider

The Service Provider undertakes to:

- implement all reasonably available means for the completion of the Order, including the delivery of the Equipment, its assembly and dismantling if necessary, and the other services agreed with the Customer;

- communicate to the Customer in its online space (Atawa-app.com system) a timely delivery and recovery schedule, and its updates by any means if necessary;

- At the request of the Customer once the Order has been confirmed, organize a technical visit to the places of delivery and installation of the Equipment either (1) at a date set by the Service Provider at no additional cost to the Customer, or (2) at a date set by the Customer subject to the availability of the Service Provider at the expense of the Customer for an amount agreed in advance between the parties;

- inform the Customer without delay of any element that would prevent or disturb the completion of the rental;

- provide the Customer, upon express and written request, and within a reasonable time, with any proof of conformity and approval of the rented Equipment in accordance with the standards in force;

- keep confidential any data communicated by the Customer in the context of the rental, at the express request of the Customer;

- inform the Customer as soon as possible in the event of the occurrence of a situation that would trigger a price increase as provided for in article 3.5 above, in particular in the case of Equipment damaged during the rental (see article 5.5 below);

- not to behave in an unfair or aggressive manner towards the Customer and the persons encountered during the rental.

Article 5 - Obligations of the customer

5.1 The Customer undertakes to:

- pay any sum due to the Service Provider within the specified time limits;

- carry out any administrative procedure incumbent on him as well as any verification of the installation;

- ensure that the use of the Equipment complies with the legal provisions in force depending on the type of event;

- inform the Service Provider during the development of the rental proposal of any access constraints to the installation site for the delivery of the Equipment, and any technical specificity relating to the place of installation of the Equipment, if applicable (for example the presence at the place of installation of any pipe, cable or any other technical installation);

- inform the Service Provider as soon as possible following the confirmation of the Order of any access constraints to the place of delivery of the Equipment, and any technical specificity relating to the place of installation of the Equipment, if applicable, which would not appear in the Order;

- do not retain any information useful to the Service Provider for the proper performance of its service;

- at the request of the Service Provider, allow access to the places of delivery and installation of the Equipment for a technical visit either (1) at a date fixed by the Service Provider at no additional cost to the Customer, or (2) at a date set by the Customer, subject to the availability of the Service Provider at the expense of the Customer for an amount agreed in advance between the parties;

- comply with the Delivery and Recovery Schedule and, on the day of delivery, comply with any Equipment implementation plan agreed by the parties;

- be present on the day of the start and end of operations to confirm the place of delivery, the delivery of the Equipment, and the assembly of the Equipment, if necessary. In the absence of confirmation, or in the event of the Customer's absence on the day of delivery, the delivery of the Equipment will be deemed tacitly accepted by the Customer. In general, even in the event of force majeure, the absence of the Customer prohibits the Customer from later contesting the value of the Material, its content and its scope,

- free access to the planned delivery place from any obstacle to allow access to the Service Provider's vehicles. In the event of impossible access by the Service Provider to the expected place and time of delivery due to the Customer or to his absence, the Service Provider reserves the right not to proceed with the delivery and to consider the Order cancelled by the Customer under the conditions provided for in article 2.4;

- do not interfere in the work of delivery, assembly, dismantling, recovery of the Equipment.

- guarantee the Service Provider against any recourse from the operator or the owner of the place of destination of the Equipment. The Service Provider cannot be held responsible for damage caused to the site in the normal performance of the service;

- not to sublet or transfer the Equipment to a third party without the express authorization of the Service Provider, unless otherwise agreed;

- comply with the operating guides relating to the security and the methods of use of the Equipment sent to the Customer by the Service Provider prior to delivery, and in general, use the rented Equipment in accordance with its normal destination, do nothing or let it happen that could cause it to deteriorate or disappear, bring the normal maintenance necessary, and maintain it in good condition of use, if necessary, respect the particular recommendations and specific advice for use and appropriate warnings of the Service provider whom he acknowledges having read;

- insure the custody of the rented Equipment at its own expense. The security must be ensured from the moment of delivery and this, until the total recovery of the Equipment,

- not to behave in an unfair or aggressive manner towards the Service Provider and the persons responsible for delivery, assembly, dismantling, or recovery.

5.2 The Customer may not make any modification and/or transformation, however minimal, and/or carry out any repair on the Equipment. No nailing, drilling, installation of adhesive, paint or other materials may be carried out on the rented Equipment. Any intervention by the Customer on the Equipment without the authorization of the Service Provider and which would have the direct or indirect consequence of damaging the Equipment will be directly attributable to the Customer who will bear the financial consequences.

Only the Service Provider's staff is authorized to assemble, disassemble, move, modify or repair the Equipment. Any modification made in the destination or the configuration of the rented or sold Equipment, desired by the Customer, must have previously obtained the express and written approval of the Service Provider.

5.3 The Customer also undertakes to give free access to the installed Equipment, to any representative of the Service Provider or person authorized by the latter or by any Administrative, Judicial or Police Authorities, and to take any useful measure to facilitate their mission, it being specified here that, the opening doors of the structures must in no case be, from within or from outside, obstructed or condemned by any system whatsoever.

5.4 The Equipment remains in the custody of the Customer until the Material is taken back by the Service Provider, even in the event of a delay in the recovery compared to the Delivery and Collection Schedule.

5.5 The Customer must report to the Service Provider any damage to the Equipment during the rental. The damage will be noted during or after the recovery, if possible with supporting photos. Any damage found that has not been declared by the Customer will be communicated to him after the takeover. The repair of the Equipment, its cleaning, or its replacement due to damage caused during the rental will be invoiced to the Customer and payable by check or bank transfer upon receipt of the invoice.

5.6 In the event that the Service Provider is in charge of the “electrical energy” part, the Customer is prohibited from opening the devices, any opening of the electrical cabinets and any electrical connection except with the specific, express, written and prior agreement of the service provider. The service provider declines, regardless of the cause, any responsibility in the event of non-compliance with this provision.

In the event that the Customer is in charge of electrical energy, the Customer is responsible for connecting the Service Provider's Equipment to an electrical source and for verifying the electrical powers required by the various service providers prior to the rental.

Article 6 - Return and retention of equipment

6.1 The Service Provider will take back the Equipment according to the Delivery and Collection Schedule. In the event that the resumption is not possible on the day or at the time provided for in the Delivery Schedule, the party preventing the resumption of the Equipment shall inform the other party as soon as it is aware of the impediment.

6.2 Retention by the Customer of the Equipment beyond the scheduled return date will automatically result in an immobilization penalty at the expense of the Customer of 30% of the total amount including VAT of the Order per day of immobilization from the day after the scheduled recovery date and up to and including the effective recovery date. This compensation will be payable by check or bank transfer upon receipt of the invoice. In addition to this compensation, a claim for damages in compensation for the damage actually suffered by the Service Provider as a result of the Customer retaining the Equipment made available. In addition, and without prior notice, the Service Provider may take back possession of the Equipment by any legal means.

Article 7 - Intellectual property and image rights

7.1 As part of the execution of the Order, no intellectual property rights are transferred, unless otherwise agreed in writing.

Consequently, the Customer only acquires the right to use, within the framework of the rental, creations, inventions, studies, drawings, prototype models, etc... in relation to the rented Equipment, etc., in connection with the rented Equipment. Any reproduction or exploitation of said creations, inventions, inventions, studies, drawings, models, etc... is prohibited.

The Customer undertakes not to exploit, through another service provider, the recommendations or original ideas proposed by the Service Provider.

Any software packages and software put in place by the Service Provider for the proper execution of the Order are and will remain the sole and entire property of the Service Provider. Consequently, the Customer undertakes not to use the software and software implemented for purposes other than the object of the Order, and to return them to the Service Provider at the end of the Order. Under no circumstances may the software and software installed be copied or transferred without the express prior written authorization of the Service Provider, the Customer recognizing that only the Service Provider is the owner of copyright and all economic rights, namely rights of representation, rights of representation, rights of reproduction and adaptation, regardless of the mode, relating to said software, software, programs, etc...

7.2 Unless otherwise agreed in writing, the Customer authorizes the Service Provider to take photographs and videos, inside and outside, and aerial shots of the Equipment.

The Service Provider undertakes to respect the provisions relating to privacy and to obtain, where appropriate, the authorization of the Customer or that of his guests for any image on which the Customer or one of his guests is identifiable. The Customer authorizes the Service Provider (i) to use the logo of the Customer or the company it represents and (ii) to reproduce this logo on the Service Provider's website as well as on its commercial documents for marketing and communication purposes.

Article 8 - Responsibility

8.1 Professional liability and operational insurance of the Service Provider

The Service Provider declares that it has taken out civil operating and professional insurance covering material and physical damage that a third party may suffer as a result of the intervention of the Service Provider.

8.2 Customer liability insurance

In the event that the Customer is a professional, he declares to be insured for professional civil liability and exploitation.

In the event that the Customer is an individual, he undertakes to contact his insurer in order to extend the scope of his civil liability insurance contract if necessary to cover the rental.

At the request of the Service Provider, the Customer will communicate to the Service Provider its table of guarantees and an insurance certificate as quickly as possible. The Service Provider reserves the right not to proceed with the delivery in the absence of communication by the Customer of his insurance certificate.

8.3 Harm to persons

In the case of damage caused to persons by the Equipment, the costs related to this damage cannot be compensated by the non-payment of the rental price by the Customer.

8.4 Damages caused to rented equipment

From the date of delivery of the Equipment and until it is taken back, the Customer is solely responsible for the custody of the Equipment and undertakes to take all necessary care of the Equipment in order to return it in its original condition. In particular, he undertakes to keep the Equipment in order to prevent any theft.

The compensation entitled “insurance” in the Order is provided in return for the assumption by the Service Provider of certain damages to the Equipment during the duration of the rental. This coverage depends on the conditions provided for in the insurance contract taken out by the Service Provider. These conditions may be communicated by the Service Providers at the request of the Customer. The triggering of the Service Provider's insurance for major damage (storm, destruction, break-in and non-breaking theft, embezzlement and fraud) caused to the Equipment during the rental will result in the Customer being invoiced an indemnification of 1500 euros in return for the excess paid by the Service Provider. Find the details of the insurance policy in the appendix to the CGL. Attention, this insurance does not cover you against damage such as the loss or breakage of furniture, tableware, plant decoration or small equipment. You can take out additional loss and breakage insurance for this equipment.

Any damage not covered by the Service Provider's insurance must be paid by the Customer or his insurer.

8.5 The total price of the Order will remain due even in the event of non-use of the Equipment due to strikes, power outage, hurricane, violent wind gusts, storms, snowfalls or any other force majeure event occurring once the Hardware has been installed or if the installation already assembled becomes unusable due to damage suffered, or administrative prohibitions.

In the event of total or partial destruction of the Equipment under the Customer's care caused by a fortuitous event or force majeure or any other cause beyond the control of the Service Provider, the total amount of the rental will remain due by the Customer and no refund may be required.

8.6 Limitation of the Service Provider's liability

The Service Provider undertakes to use all the means at its disposal for the proper execution of the services to which it undertakes, it being specified that the Service Provider is only bound by an obligation of means.

Regardless of the basis of the Service Provider's liability, it is limited to the amount actually paid by the Customer for the rental. Any implementation by the Customer of the Service Provider's responsibility must be the subject of a registered letter with acknowledgement of receipt sent at the latest in the year of the alleged non-performance. This dispute must be precisely motivated. Failure to do so constitutes a waiver on the part of the Customer to invoke the responsibility of the Service Provider. The Service Provider cannot under any circumstances be held responsible, both with respect to the Customer and to a third party, for any indirect damage, in particular operating loss, loss of customers, commercial damage, damage to the brand image, resulting from the Equipment or the rental of the Services.

Article 9 - Subcontracting

In the context of the realization of the rental, partial or total use of subcontracting is authorized. The Customer is also informed that the Service Provider works with a network of partners and is in principle not the owner of the rented Equipment.

In the event of damage caused by a subcontractor, the responsibility of this subcontractor must be pursued directly by the party affected by the damage, excluding the party that subcontracted, who will not be held liable in solidum.

Article 10 - Various

10.1 The Parties who are legal persons elect domicile at their respective head office. In the event that the Customer is a natural person, they take up residence at the billing address provided to the Service Provider.

10.2 The validity of the GTCs is subject to French law.

Any dispute arising from the operations referred to herein, even in the event of multiple defendants or warranty claims, will be submitted to the competent court within the jurisdiction of the Paris Court of Appeal.

Article 11 - Personal data

1. Atawa collects the Customer's contact details (email address and telephone) as well as his RIB in order to process his orders and keep him up to date with his news. This data is not shared with other companies unless this is necessary for the processing of
request.
2 The Customer has the right to access, modify, oppose and rectify his personal data, by sending an email to contact@atawa.com
3 By adhering to these T&Cs, the customer consents to the collection and processing of his data for the execution of this contract.

Appendix 1 - Atawa Insurance

Thank you for trusting us for your event.
In order to guarantee you a peaceful event, Atawa has taken out specific insurance that covers damage caused to rented equipment.
This insurance allows you to limit the amount of your financial liability to 1500 euros per event for all cases covered by the insurance policy, as described in this document.

Insured equipment

All equipment delivered and/or installed by Atawa for your event is insured, with the exception of plant decoration, furniture and table art. For furniture and tableware, you can take out loss and breakage insurance. To subscribe, you must ask your advisor to add it to your reservation. Once added, the coverage amount will be shown in your reservation.

Extent of warranty

The equipment is insured:
During transport to the location of your event and,
For the duration of your event.
The equipment is guaranteed at all risks against all material damage, destruction, theft with and without break-in, embezzlement and fraud.

Warranty exclusions

The following damages are not covered by the warranty:
Indirect losses resulting from deprivation of enjoyment, unemployment, delay or market losses,
Losses or damage resulting from use that is not in accordance with the manufacturer's standards,
Damages resulting from an intentional or malicious fault on the part of the insured,
Losses or damages resulting from the supplier, manufacturer or assemblers warranty under the law,
damage due to normal or gradual wear, deterioration or depreciation,
Losses or damages resulting from smokers' burns,
All personal effects,
Bank notes, shares, bonds, coupons, coupons, securities and values of any kind and more generally any financial security,
Art and antique objects,
Goods classified as dangerous by the conventions, laws or regulations in force,
Live animals, plants,
All motorized land vehicles,
Any aerial, floating or maritime craft,
Cell phones, audio players, electronic diaries,
The damage caused by the war,
The damage caused directly or indirectly by a nuclear reaction,

For any questions relating to insurance, contact your Atawa advisor directly or call us on 01 40 50 19 42.

Appendix 2 - Atawa Wedding Cancellation, Wedding Cancellation and Private Events Insurance

The amount of cancellation cancellation insurance for weddings and private events is 5% of the total amount of the reservation. It allows you to have access to the following special conditions:

Cover:

Postponements up to 10 days prior to the start date of assembly:

The 1st Report is free of charge. From the 2nd report, a fixed amount of €500 per report will be granted.
(For any delay, changes in the price of equipment, transport and technical costs related to your event may apply due to the change of location, or the unavailability of the original equipment).

Changing the format of the event

In the event of a change in the format of your event (reduced number of guests for example), Atawa makes every effort to adjust your project. All items removed from the reservation will be considered “cancellations” and will therefore meet the conditions below.

Cancellation in the event of a ban on regional gatherings up to 5 days prior to the start date of assembly:

If a regional meeting corresponding to your number of guests is prohibited, you can cancel your event.

A fixed amount of 10% of the reservation amount will be charged.
(For any cancellation, the package charged does not take into account specific purchases related to your event (example: carpet, consumable, custom made). These purchases are mentioned in the quotation).

Cancellation outside of a regional ban up to 10 days prior to the start date of assembly:

If there is no regional ban and you want to cancel your event, a flat rate of 35% of the reservation amount will be charged.

(For any cancellation, the package charged does not take into account specific purchases related to your event (example: carpet, consumable, custom made). These purchases are mentioned in the quotation).

Postponement or cancellation less than 10 days from the delivery date:

The totality of the service is due.

© ATAWA Tel. 01 40 50 19 42 - 1 Avenue Théophile Gautier 75016 Paris - contact (at) atawa.com

SAS with a capital of 30.673 Euros - RCS Nanterre 822 182 192 - APE 8230 Z - Intracom VAT FR 33 822182192