Terms and Conditions
Contents
Introduction
1 Definitions
2 Scope of the Services of the Portal
3 Privacy and Cookie Policy
4 Registration of Users
5 Search and Reservation
6 Ranking and Rating of Users
7 Banning from Portal
8 Intellectual Property Rights
9 Confidentiality
10 Representations and Disclaimers
11 Applicable Law, Jurisdiction and Dispute Resolution
12 Miscellaneous
Annex 1 Privacy and Cookie Policy
Annex 4 List of PreferRent companies
Introduction
The PreferRent portal is an online marketplace for construction equipment rental services. The mission of the PreferRent portal is to provide its users with a convenient and consolidated tool for search and reservation of rental equipment from a number of rental companies in a competitive environment, thus achieving better pricing and quality conditions.
Users of the PreferRent portal do not pay any fees to PreferRent. PreferRent has entered into a contractual relationship with its commercial clients (rental companies and owners of equipment), providing for commissions payable to PreferRent from the rental revenues from sales channeled through the PreferRent portal. Fees paid to PreferRent are not added to rental prices.
PreferRent portal acts as a platform only, and it is not a party to the rental transactions. Lease agreements are executed directly between rental companies and lessees, although tools for conclusion of the agreements/orders may be provided on the PreferRent portal.
Search and reservation of equipment on the PreferRent portal is available for registered users. Only individuals who may further become the lessees or act on behalf of the lessees of the equipment as their employees or representatives are accepted as registered users.
PreferRent (i) on the basis of the credit rating of the potential lessees obtained from credit rating agencies, provides rental companies with creditworthiness information of the lessees, as well as (ii) performs ranking and rating of the users of the PreferRent portal mainly depending on the monetary amounts of reservations, unilateral cancelling of confirmed reservations by users and feedback sourced through the PreferRent portal by the rental companies, and (iii) performs rating of the rental companies mainly depending on feedback of users of the PreferRent portal regarding the leased equipment and cooperation with the rental company in the PreferRent portal.
PreferRent manages the user loyalty program Rental Points Program, through which the rental companies can grant to the users points for the orders made through the PreferRent portal and which can be withdrawn in funds. Participation in the Rental Points program is optional.
This introduction is for informative purposes only and is not a part of the Terms and Conditions.
1 Definitions
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Portal |
means the website www.PreferRent.com, as well as all apps and tools used for utilization of the services provided on this website. |
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Portal Owner |
means SIA "PreferRent Investments", the limited liability company registered with the Enterprise Register of the Republic of Latvia under registration number 44103125936, which is the owner and the operator of the Portal.
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PreferRent |
means the legal entity specified in Annex 4 registered in the Country where the Equipment reserved through the Portal will be used by the Lessee. |
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Country |
means the Republic of Latvia, or the Republic of Lithuania or the Republic of Estonia, respectively, depending in which country the Equipment reserved through the Portal shall be used by the Lessee.
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User |
means the person (individual only), who has registered as a user of the Portal. |
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Lessee |
means the individual or entity renting the Equipment from the Rental Company; a User can also become a Lessee. |
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Rental Company |
means the entity to which the requests for rental services of the Equipment through the Portal are communicated. |
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Equipment |
means machinery, tools and equipment offered for rent through the Portal. |
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Reservation |
means reservation of rent of a particular piece of Equipment from a particular Rental Company for a particular period and price performed through the Portal. |
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Rental Points Program |
means the User loyalty program described in detail in Annex 2. |
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Intellectual Property Rights |
means copyrights and related rights (including database rights and photography rights), patents, design rights, trademarks, tradenames, trade secrets, know-how and any other form of registered or unregistered intellectual property rights. |
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Business Hours |
means the period in time from 8:00 till 17:00 on any working day in the Country. |
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Terms and Conditions |
means these terms and conditions, including all annexes thereto. |
2 Scope of the Services of the Portal
2.1 The basic services provided to the Users through the Portal include:
2.1.1 Search of available Equipment requested by the User;
2.1.2 Transmitting of information between the Users and the Rental Companies regarding requests for rent and acceptance of Reservations.
2.2 Additional (optional) services provided to Users through the Portal include:
2.2.1 Management of the Rental Points Program as described in more detail in Annex 2.
2.3 The services of PreferRent do not include rental services, and PreferRent is not acting as a party with respect to any lease agreement, attorney or representative of any party thereto. The entire legal relationship regarding rent of Equipment exists exclusively between the Rental Companies and the Lessees and/or the Users (in the case provided in Clause 5.11).
2.4 The entire legal relationship between PreferRent and the Rental Companies or the owners of Equipment is based on separate agreements and is not subject to these Terms and Conditions.
3 Privacy and Cookie Policy
3.1 PreferRent obtains, processes, accumulates and transmits to the Rental Companies certain information about Users and Lessees. The privacy and cookie policy of PreferRent is described in Annex 1.
4 Registration of Users
4.1 Only registered users can conduct search and reservation of Equipment through the Portal.
4.2 Registration of users is available online in the Portal by filling in the information and following the registration steps requested in the “User Registration” section of the Portal. When registering, the User shall choose the Country where the Equipment reserved through the Portal will be used by the Lessee. The required registration formalities shall be completed as specified in the Portal in order to search and reserve the Equipment for use by the Lessee in the particular Country. A User can register for operation in more than one Country.
4.3 The e-mail address and phone number indicated by the User upon registration will be used for identification of the User, confirmation of Reservations, and signing of lease agreements and other documents with the Rental Companies. Therefore, the User should always keep information about such e-mail address and phone number up to date and refresh it in case the address or number is changed. Updating of the User`s information is possible in the “User Registration” section of the Portal.
4.4 The User may be requested to update his/her registration information from time to time.
4.5 By registering in the Portal, the User consents to the Terms and Conditions and undertakes to comply with such fully.
4.6 Participation in the Rental Points Program is optional and subject to separate registration, which can be changed (added or removed) by User at any time in the “User Registration” section of the Portal.
4.7 For registration purposes and the convenience of using the services of the Portal, Users shall download the mobile application “PreferRent” on the App Store for iPhone users and Google Play for Android users. The PreferRent application is an integral part of the Portal and is subject to the Terms and Conditions.
5 Search and Reservation
5.1 To conduct a search for Equipment in the Portal, the User must log in and complete the requested information in accordance with the instructions provided in the Portal.
5.2 Offers indicated as a result of the search are generated from the general information of the fleets of the Rental Companies, and availability for the particular rental period indicated by the User are not updated online. Therefore, offers and prices indicated as a result of the search are estimates and subject to further confirmation by the relevant Rental Company.
5.3 The User may select one or several desired offers, or choose that requests are sent to all Rental Companies. After the User has made its selection PreferRent shall send to the relevant Rental Companies (or all Rental Companies) the request together with the creditworthiness information of the Lessee and the ranking and rating information of the User created by PreferRent. However, in case the User does not provide consent to obtain creditworthiness information, or the creditworthiness information of the Lessee does not correspond to the internal risk policy of PreferRent, no request or information is sent and the search is terminated. Rental Companies which have not entered into an agreement with PreferRent may received the requests later as well as no creditworthiness information of the Lessee and the ranking and rating information of the User is sent to them.
5.4 If the User has selected one desired offer and the Rental Company has accepted the request without changes or with lower rent than indicated in the request, the User is accordingly informed by a message to the relevant e-mail address and “PreferRent” mobile application of the User, and the Reservation with respect to the particular request is considered completed and valid.
5.5 If the User has selected several desirable offers, the offers of the respective Rental Companies received within the time indicated in the Portal will be sent to the User's e-mail address and the “PreferRent” mobile application. The User may select and confirm any of the received offers within the time indicated in the Portal by following the link attached to the respective offer and confirming the offer in accordance with the instructions provided therein. If the User has approved the offer in accordance with this clause, the Reservation with respect to the particular offer is considered completed and valid
5.6 The User’s request is sent to all the all other Rental Companies available in the market in any of the following cases (Rental Companies that have not entered into a service agreement with PreferRent may receive a request at a later date):
5.6.1 If the User has chosen that the request be sent to all Rental Companies;
5.6.2 If the User has selected one desirable offer and the respective Rental Company has not confirmed the User's request within the time indicated in the Portal, or has offered a higher rent, or changed other parameters of the request (number or specification of the Equipment, or rental period);
5.6.3 If the User has selected several desirable offers and no relevant Rental Company has submitted its offer within the time indicated in the Portal, or the User has not confirmed any of the received offers within the time indicated in the Portal.
5.7 In the event described in Clause 5.6 above, the offers received from the Rental Companies within the time indicated in the Portal will be sent to the e-mail address and “PreferRent” mobile application of the User. Offers that meet the criteria specified in the User's request may be given priority compared to other offers which specify a higher rent or change other parameters of the request (number or specification of the Equipment, or rental period). If the number of offers received is large, the number of offers to be sent may be limited for convenience. The offers of the Rental Companies that have concluded service agreements with PreferRent may be given priority over the offers of other Rental Companies. If no offers are received in accordance with this Clause, the User will receive a message that Equipment matching the request is not available, and the relevant search is considered terminated.
5.8 The User can select and accept any of the offers received from other Rental Companies (Clause 5.6) within the timeframe indicated on the Portal by following the link attached to the relevant offer and approving the offer in accordance with the instructions provided therein. If the User has accepted the offer in accordance with this Clause, the Reservation with respect to the particular offer is considered completed and valid. If no offer is accepted by the User in accordance with this Clause, the relevant search is considered terminated.
5.9 Subsequent to confirmation of the Reservation (Clause 5.4 or 5.7), the Lessee, depending on the procedural requirements of the particular Rental Company, may proceed to signing of the lease agreement or execution of the lease transaction.
5.10 Any (some or all) of the activities described in this section alternatively can be performed through the mobile application of PreferRent.
5.11 After the Reservation has been confirmed through the Portal, the User shall not cancel such Reservation or avoid signing the relevant lease agreement or executing the relevant lease transaction and/or entering into a direct transaction with the relevant Rental Company (without mediation of PreferRent) for the same or substantially the same Equipment and time period.
5.12 The User represents that he/she is fully entitled and authorized to act on behalf or in the interests of the Lessee that the User indicates in any request for rent. In case the Lessee does not take possession of the Equipment and commence the lease as provided in the Reservation confirmed through the Portal, the User is personally liable to the Rental Company for full lease payment and transportation costs (if applicable) provided in the confirmed Reservation. Further, failure to take possession of the Equipment after the Reservation has been confirmed through the Portal may negatively affect the rating of the User, which in turn can have negative effects on the willingness of the Rental Companies to accept requests from the relevant User in the future, as well as the number of Rental Points offered (if applicable). The User understands that such acts constitute substantial breach of the Terms and Conditions, which can result in suspension or expulsion of the User from participation in the Portal.
5.13 Take or pay policy. The lease agreements of the Rental Companies generally do not provide early return provisions, and the rent and other applicable fees may be charged for the full period of the Reservation made through the Portal.
5.14 The User is entitled to cancel the confirmed Reservation by informing the Rental Company through the Portal before the scheduled pickup or delivery time of the Equipment.
6 Ranking and Rating of Users
6.1 PreferRent performs and maintains a ranking and rating of Users, which is disclosed to the Rental Companies upon each relevant request for rent and which affects the willingness of the Rental Companies to accept requests, as well as it may affect the amount of Rental Points granted to the User (if applicable). Ranking and rating provisions are described in more detail in Annex 3.
6.2 PreferRent is entitled to disclose to the Rental Companies information regarding the ranks and rates currently held by any User, and Users cannot raise any objections against such disclosure.
7 Banning from Portal
7.1 The Portal is the property of Portal Owner, and Portal Owner and/or PreferRent is entitled to suspend access or ban from entering or use of the Portal by any User, Lessee, individual, entity, organization, e-mail address or other source of communication that breaches the Terms and Conditions or unlawfully harms or in the opinion of PreferRent may potentially harm the rights and/or interests of Portal Owner, PreferRent, Users of the Portal, Lessees, or Rental Companies. PreferRent is not under any obligation to explain, substantiate or provide any evidence of or reasons for such suspension or ban.
7.2 Any of the following activities shall especially be a reason for suspension of access to or banning from the Portal:
7.2.1 failure to perform the Reservation confirmed through the Portal five (5) or more times during any three (3)-month period, unless the Reservation has been duly cancelled in accordance with Clause 5.13;
7.2.2 cancelling of confirmed Reservation in accordance with Clause 5.13 ten (10) or more times during any three (3)-month period;
7.2.3 false representation of the User that he/she is authorized to act on behalf or in the interests of the Lessee that the User indicates in any request for rent;
7.2.4 breach or failure of any antivirus or other IT safety requirement, use of any automated program or tools to enter and operate on the Portal;
7.2.5 use of the Portal for any purposes other than as normally intended, acting in breach of Terms and Conditions, or otherwise acting against the interests of PreferRent and/or Portal Owner.
8 Intellectual Property Rights
8.1 All software used for providing of the services of PreferRent or available on the Portal and all Intellectual Property Rights to the contents of the Portal are the exclusive property of Portal Owner, and/or its service providers.
8.2 These Terms and Conditions do not grant the User any Intellectual Property Rights in the services of PreferRent or to the content of the Portal, and all rights not expressly granted hereunder are reserved by Portal Owner, PreferRent and its service providers.
8.3 PreferRent retains exclusive ownership of all information obtained from Users and Rental Companies and other persons through the Portal and the database created by PreferRent by using such information, and it is entitled to use all such information at its sole discretion, except to the extent limited by the provisions of confidentiality provided in the next section.
8.4 No person may copy, scrape, publish, integrate, utilize, combine, harvest or otherwise use the content of the Portal or the brand of PreferRent without express written permission from Portal Owner and/or PreferRent. Any unlawful use or any of the aforementioned actions or behavior will constitute material infringement of the Intellectual Property Rights of Portal Owner and/or PreferRent.
9 Confidentiality
9.1 It is the policy of PreferRent to safeguard the confidentiality of the information of the Users and the Rental Companies, and it will use and disclose such information only on a need-to-know basis and to the extent reasonably required for provision of the services of the Portal.
9.2 The preceding Clause notwithstanding, PreferRent shall not disclose information about any particular transaction or transactions of any particular User or Lessee without the express consent of the relevant User or Lessee, except providing information to a Rental Company about the transactions conducted by the relevant User or the Lessee with the same Rental Company.
9.3 The following disclosure of information shall not be regarded a breach of the confidentiality obligation:
9.3.1 Any disclosure required by any applicable law or exchange regulations, court or competent authority;
9.3.2 Disclosure of any information which has entered the public domain without breach of the confidentiality obligation by PreferRent;
9.3.3 Disclosure to shareholders, officers, employees, advisors, consultants, counsels, service providers, financiers and potential buyers of PreferRent or any part of its business on a need-to-know basis, provided such persons are made subject to a similar confidentiality obligation.
9.4 PreferRent requires similar confidentiality obligations from the Rental Companies and other service providers involved in performance of the services provided through the Portal; however, PreferRent undertakes no liability for confidentiality breaches committed by such.
9.5 Special confidentiality provisions regarding the Rental Points Program are provided in Annex 2.
10 Representations and Disclaimers
10.1 By registering as the User and by using the services available on the Portal, the User consents to these Terms and Conditions. By consenting to these Terms and Conditions, the User represents that:
10.1.1 The User is fully entitled and authorized to perform each activity he/she will perform on the Portal or in relation hereto, and no consent from or confirmation by any other party is required for this;
10.1.2 The User is authorized to act on behalf or in the interests of the Lessee that the User indicates in any request for rent; however, in all relations to PreferRent, the User acts in its own name and not as a proxy or representative of the Lessee, except and to the extent the User can act as signatory to the lease agreements and other documents.
10.2 PreferRent does not guarantee or undertake any legal commitment with respect to:
10.2.1 That any search conducted through the Portal will result in finding a rent offer;
10.2.2 That any Reservation made through the Portal will result in conclusion of a lease agreement;
10.2.3 Due performance of any lease agreement by any Rental Company;
10.2.4 Breach of any obligation by any Rental Company or other service provider that in its own name provides services through or in relation to the Portal, unless and to the extent any liability is expressly undertaken by PreferRent;
10.2.5 Any liability towards the Lessees or other parties than the Users unless and to the extent any liability is expressly undertaken by PreferRent.
10.3 In any case PreferRent can be held liable only for breach of its own obligations towards the Users committed by gross negligence of PreferRent.
10.4 If the Equipment leased as a result of Reservations conducted through the Portal is insured, PreferRent is not liable for any rejection or failure to pay any compensation under the insurance or any deductible, limit or exemption applicable thereto.
11 Applicable Law, Jurisdiction and Dispute Resolution
11.1 These Terms and Conditions and any contract, agreement or undertaking related to the Portal are subject to the substantive law of the Country. With respect to consumers: under Article 6(2) of the Rome I Regulation, a consumer also enjoys the protection of the mandatory provisions of the law that would be applicable in the absence of this provision.
11.2 All disputes arising from or in relation to these Terms and Conditions and any contract, agreement or undertaking related to the Portal are subject to the courts of the Country, with the court of first instance being the one indicated in Annex 4.
12 Miscellaneous
12.1 These Terms and Conditions can be amended by PreferRent unilaterally at any time, and they become binding upon not less than 14 (fourteen) days prior notice made available through e-mail and reasonably visible on the Portal. In order to proceed with search of the Equipment on the Portal, the User shall consent to the updates made to the Terms and Conditions.
12.2 The User can at any time be requested to reconfirm his/her consent to the Terms and Conditions or any part thereto, and access to the Portal can be fully or partly suspended until such confirmation is made.
12.3 The customer service of the Portal is established to help Users utilize the maximum benefits and convenience from use of the Portal, and, therefore, Users are welcome to send their questions, suggestions and complaints about any functionality of the Portal or activity of any party involved in the services provided through or in relation to the Portal to e-mail address info@preferrent.com. However, considering that the Portal is primarily a digital tool, thus providing cost-efficient solutions for all of its participants, the capacity to manually manage communication with the Users may be limited, and PreferRent retains all rights not to respond to any such communication.