General contract Conditions

In this agreement “You” means the customer and “Us” means Bebeaway.

The referred hiring service consists on the provision of equipment, on hiring regime, for a certain period of time.Current geographic territory is the Spanish territory. Notwithstanding this, for certain territories outside the Madrid area (M-30) we reserve our right to refuse delivery or make it with an additional cost.All payments as a consequence of contracting our services shall always be made in advance.

Equipment hire is subject to its availability.As soon as we receive the Your hiring order we shall confirm such by e-mail or phone to the contact address You have set forth in such hiring order.

Your Equipment booking will only and exclusively be accepted by Us when (1) You receive an e-mail from Bebeaway confirming the booking reference, and (2) You send us, duly fulfilled, the deposit document. From that moment, the equipment hire agreement shall enter into force and shall be binding for both You and Bebeaway.

Renting periods are of 24 hours from the moment the equipment is delivered.

1. Price, delivery/pick up charges and Deposit

Price

The price payable for the Equipment that you order is the one set out in our website (www.bebeaway.com) or, in certain circumstances, the one expressly agreed between Bebeaway and You.

Delivery/pick up charges

-Transport. bebeaway shall not charge You for delivery of equipment within Madrid City* For deliveries outside Madrid City please contact Us for prices and conditions (see Equipment Delivery).
-Other charges. bebeaway reserves its right to charge You certain expenses under certain exceptional circumstances such as equipment deliveries outside business hours, holidays, etc. Please contact Us for prices and conditions. In any case, bebeaway shall explain you and provide a breakdown of such additional charges when formalizing the booking.

Deposit

In order to formalize the equipment rental agreement You shall provide to Bebeaway the deposit document duly fulfilled out. Bebeaway shall not charge you such Deposit, save in the following events:
– Return of hired equipment with damages;
– Delay on the return of hired equipment;
– Loss or theft of hired equipment during the rental period;
– Failure of returning the hired equipment;

In the aforementioned circumstances, Bebeaway reserves its right to charge You the deposit. In the event such Deposit does not cover the total cost repair or replacement of the equipment, by contracting with Us you undertake and accept to pay any additional cost that may be required for repairing or replacing such equipment

2. Customer right to cancel or amend the contract

Both, amendment and/or cancellation of the equipment hire agreement is free of charge as long as this is made 96 hours prior to the commencement of the rental period. Amendments or cancellations produced with less than 96 hours in advance, but prior to the commencement of the rental period, shall be subject to a cancellation fee up to 50% of the total rental Price (with a minimum charge of 30 Euros).

Once the rental period has already started, the equipment hire agreement cannot be cancelled.

Both, amendment and/or cancellation petition, in accordance with the aforementioned conditions, shall be notified by e-mail to the following address (reservas@bebeaway.com).Amendment and/or cancellation shall be effective when Bebeaway has received such notice within the business hour of 09:00-21:00 hours (Madrid).

3. Cancellation

By entering into force the equipment hire agreement. You expressly accept that Bebeaway reserves its right to cancel the agreement in the following events:

 If Bebeaway does not have the hired equipment for grounds beyond its will or control;
 Equipment booked for an incorrect Price due to a typographic error or tariff error from our suppliers;
 Force majeure events

In the above circumstances, we shall immediately notify you and, within the maximum term of 30 calendar days, we shall refund you any anticipated amounts.

4. Equipment delivery

Hired equipment shall be delivered to You at the address set forth in the Booking document.

Such delivery shall be made at the time agreed between You and Bebeaway in the e-mail where the hire is confirmed. You are liable for the reception of the equipment at the agreed address.In the event nobody is at such address at the agreed day and time, we shall deliver a notice and shall try to contact You for agreeing on a new hour and delivery place. In this case, Bebeaway reserves its right to deliver the hired equipment once the rental period has already started as well as to charge You with an additional cost due to delivery outside the agreed term and time.

Hired equipment shall be picked up at the end of the rental period and at the time previously agreed and included in the e-mail where the rental has been confirmed.

For other delivery conditions, please see section 1 above.

5. Return of Deposit document

Bebeaway undertakes to destroy the deposit document when the hired equipment is returned or, if applicable, once Bebeaway has revised the returned equipment.

6. Customer’s duties

You undertake to hire the equipment for private use solely and in accordance with the purpose it was manufactured for.

You shall revise the equipment at delivery and shall check that it is in good order, clean and working. Should you notice a fault of defect you shall immediately communicate such circumstances to us so we can replace such equipment as soon as possible.

Moreover, by accepting the equipment hire agreement You undertake to take care of the equipment, safeguard it, custody it as well as assemble and disassemble it in accordance with the instructions that shall be delivered to you along with the hired equipment.

By accepting the equipment hire agreement You undertake to return toBebeawaythe hired equipment in good standing and order, along with all ancillary or complementary equipment, including packaging or wrapping (bags, plastics, boxes, etc.) which were delivered to you at the delivery of the hired equipment. This packaging is part of the hired equipmentand you must keep it and take care of during the rental period.

Bebeaway is not liable to damages caused to property or third party for the use of the equipment during your rental period.

7.Bebeaway Liability

In the event the equipment delivered to you is not the one you ordered or is damaged or defective you shall immediately notify such circumstance to Bebeaway. Bebeaway only and exclusively shall be liable to return the amounts paid for the hired equipment in the event of defects or defaults. As long as you do not inform Bebeaway of such circumstances, Bebeaway shall not be liable to the same.

In any case, Bebeaway’s maximum liability shall be the total amount of the contracted service.

8.Bebeaway liability disclaim

By making your booking You assume your liability to third parties for any use or misuse of the hired equipment. Consequently, Bebeaway shall not be liable for accidents or damages, directly or indirectly, caused for your use or misuse of the hired equipment. Bebeaway shall not, including but not limited to, be liable for damages that You may incur in the aforementioned circumstances, including but not limiting, consequential loss, indirect damages, moral damages or loss of profit.

9.Force Majeure

Bebeaway shall not be liable for delays or failure to deliver the equipment or small defects that may suffer such equipment for circumstances beyond our control or will, such as strakes, disputes, company’s blockages, systems failure or failure to get access to the network, explosion, accidents, weather conditions and, generally, any fact or force majeure event, or any other force majeure event provided in the Spanish Civil Code.

10. Property

All hired and delivered equipment shall at all times be of Bebeaway property. In any case, the delivered equipment is made on hiring regime.

11. Privacy Policy

Bebeaway guarantees the security and confidentiality of the personal data provided by its customers. Consequently, according to Organic Act 15/1999, of 13 December, on data protection (LOPD) and ancillary regulation, the customer is informed and hereby agrees that its personal data shall be incorporated in Bebeaway files. These personal data shall be treated and be incorporated in automatic files that are duly registered at the Register of theSpanish Agency of Data Protection. Bebeaway privacy policy assures you, your right to access, rectify, cancel, inform and oppose in accordance with current legislation terms. Consequently, according to the applicable regulation, Bebeaway guarantees you the adoption of required measures to treat confidential such personal data and informs you of the possibility to exercise the access, rectification, cancellation and opposition rights by addressing a communication toinfo@bebeaway.com

12. General

Other than companies affiliated to Bebeaway, including its directors, employees or representatives, no third party can enforce the performance of this agreement. This agreement cannot be assigned to third parties. Moreover, is expressly forbidden to sub-rent the hired equipment. This agreement executed between You and Bebeaway shall be governed by its terms and conditions, and subsidiarily by current civil rules relating to hire agreements, the Spanish Civil Code and Law on Information Society Services and Electronic Commerce (Law 34/2002, of 11 July). The equipment hire agreement shall be governed and interpreted by the Spanish common law, Any dispute, incident or difference that may arise on the validity, enforceability, interpretation, effectiveness and/or termination of the equipment hire agreement shall be submitted to the jurisdiction of the courts and tribunals of the city of Madrid.

These conditions, including prices, delivery details, agreement and our privacy policy are an integral part of the equipment hire agreement for renting Bebeaway equipment. Any communication that may exist with our sales agents shall under no circumstances be understood or implied a change of these conditions or as an authorized representation for the hiring of the equipment. Bebeaway shall not be liable for fraud, false or dishonest representation or willful misconduct.

In the event any of the terms and conditions of this agreement is declared null or void and with no effect, all other terms and conditions shall be fully in force.

The translations into other languages that we provide of these Terms and Conditions are solely for information purposes. The Spanish version shall prevail and will govern the relationship with our Clients. If there are any inconsistencies between the Spanish version and the translated versions of these Terms and Conditions, the Spanish version shall prevail.

ADDITIONAL CONDITIONS

General

For booking our services you can send us an email to reservas@bebeaway.com
or call us at (+34) 690 32 07 56.

Bebeaway shall inform you, within a maximum term of 24 hours:

o Availability of the equipment.

o Rental price (including all additional charges, transport, delivery/pick up outside business hours, and/or urgent deliveries).

o Booking reference number.

o Deposit document.

Timetable

24 hours service and 7 days a week in Madrid Capital.

From Monday to Friday from 9:30h to 20:00h, transport in Madrid Capital shall be free.

Additional charges

From 5€ for urgent services, deliveries and pick up between 20:00h and 09:30h,weekends, bank or public holidays, assembly and disassembly, travel cost, no lift or elevator installed in the delivery and/or pick up place, or if steps are to be taken to get access to the lift or elevator, delivery and pick up at train stations.

10€ for assembling wood cot.

30€ delivery and/orpick up at the airport.

Urgent services may take approximately 1h30min from confirmation to delivery.

Changes and cancellations of the agreed rental terms shall be made at least 24 prior to the delivery time and shall be subject to an additional minimum charge of 30 euros.

Equipment shall be delivered in good order and working condition and clean.

Rental periods are of 24 hours and not calendar days. i.e. should the equipment be hired on Friday at 19:00h and it is returned on Sunday prior to 19:00h the period shall be calculated as 2 days and not 3days.
Bebeaway does not install car seats. However, Bebeaway can explain you how to do it.
Delivery

Bebeaway shall deliver the rented equipment at the agreed time and place.

Bebeaway shall deliver:

o Required equipment.

o Equipmentinstructions.

o Other documents that may be of your interest.

You shall deliver to Bebeaway:

o The payment of the service is made at the delivery of hired equipmentin cash, or 48 hours prior delivery if payment is to be made by credit card or wire transfer.

Pick up
Pick up of hired equipment shall be made at the agreed place and time. Please remember to return, along with hired equipment, all other accessories and instructions.