Rental terms and conditions

Definitions

For the purposes of these General Terms and Conditions, the following terms shall have the meanings set out below:

LESSOR – CamCam A. i W. Zych Sp.j., with its registered office in Warsaw, Poland, at ul. Ludwinowska 22/9 m.1, 02-856 Warsaw.
LESSEE – the customer renting the Equipment, being a natural person with full legal capacity, a legal entity, or an organisational unit granted legal capacity under applicable law.
EQUIPMENT – professional photographic, film, lighting and audio equipment, together with any accessories offered for rental by the LESSOR and listed on www.camcam.pl.
RENTAL AGREEMENT – an agreement for the rental of Equipment entered into between the LESSOR and the LESSEE.
SECURITY DEPOSIT – an amount specified in the Rental Agreement and intended to secure any claims of the LESSOR arising out of or in connection with the Rental Agreement. The Security Deposit shall be collected and refunded in accordance with these General Terms and Conditions.

1. Placing an Order

All rental orders must be submitted electronically by:
- email sent to biuro@camcam.pl; or
- the online booking system available on CamCam.pl.
Submission of an order does not in itself constitute conclusion of a Rental Agreement unless otherwise expressly confirmed by the LESSOR.

2. Rental Agreement

All Equipment rentals are made on the basis of a Rental Agreement entered into between the LESSOR and the LESSEE.
In order to enter into the Rental Agreement and collect the Equipment, the LESSEE must present at least two valid photo identification documents, such as:
- a national identity card;
- a passport; or
- a driving licence.
The documents must be presented to a CamCam employee for the purpose of verifying the LESSEE’s identity and personal details.
In order to verify the LESSEE’s residential or correspondence address, the LESSOR may request an additional document confirming the address, such as a utility bill, telephone bill or similar document:
- issued in the LESSEE’s name; and
- dated no more than three months prior to the date of verification.
The LESSOR reserves the right to refuse to enter into a Rental Agreement if the LESSEE fails to provide the documents required for verification.

3. Security Deposit

The amount of the Security Deposit shall depend on the value and type of Equipment being rented.
Unless otherwise agreed, the Security Deposit shall be payable upon collection of the Equipment.
The Security Deposit may be paid:
- in cash;
- by payment card; or
- via online payment.
The Security Deposit shall be refunded after the Equipment has been returned and its technical and physical condition has been verified.
The LESSOR reserves the right to carry out a full inspection of the returned Equipment within 24 hours of its return.
If any damage, defect or loss is identified, the LESSOR may retain all or part of the Security Deposit and apply it towards the cost of repair, replacement or any other amounts due from the LESSEE.
The Security Deposit may be reduced or waived entirely if the LESSEE successfully completes the LESSOR’s verification procedure.

4. Verification Procedure

A successful verification may allow the LESSEE to rent Equipment without paying a Security Deposit.
Participation in the verification procedure is voluntary.
As part of the verification procedure, the LESSEE may be asked to provide information including, but not limited to:
- whether the LESSEE has previously rented equipment from other rental companies;
- the names of such rental companies;
- whether the LESSEE has a professional portfolio;
- whether the LESSEE operates a website, YouTube channel, Vimeo account or social media profile, including Instagram, TikTok or Facebook, where their work is regularly presented.
The verification decision shall be made by a representative of the LESSOR.
The LESSEE shall be informed of the verification result by email.
Successful verification does not oblige the LESSOR to enter into a Rental Agreement.

5. Collection and Return of Equipment

Unless otherwise agreed, the LESSEE shall collect and return the Equipment at the LESSOR’s rental office located at:

ul. Rolna 195, Warsaw, Poland.

The Equipment must be collected and returned on the dates and at the times agreed during the booking process and specified in the Rental Agreement.
If the LESSEE collects the Equipment later than the agreed collection time, the agreed return date and time shall remain unchanged.
Unless otherwise agreed, the Equipment must be collected and returned personally by the LESSEE.
The PARTIES may agree on different arrangements regarding the place, date or method of collection and return during the booking process.

6. Inspection of Equipment Upon Collection

The LESSEE is required to inspect the Equipment and confirm its technical and physical condition at the time of collection.
Any visible damage, malfunction, defect or missing item must be reported to the LESSOR immediately.
Any defects or damage identified before the commencement of the rental period and acknowledged by both PARTIES shall be recorded in a written damage report.

7. Courier Delivery

Equipment may be delivered by courier only within the territory of Poland.
Courier delivery is available only to LESSEES who have successfully completed the LESSOR’s verification procedure.
Once the rental dates and the final list of Equipment have been agreed, the LESSOR shall send the Rental Agreement to the LESSEE by email in PDF format.
The LESSEE shall sign the Rental Agreement using a Polish Trusted Profile (Profil Zaufany).

Information on how to create a “Profil Zaufany” is available at:
https://www.gov.pl/web/gov/zaloz-profil-zaufany

Immediately after receiving the shipment, the LESSEE must inspect the Equipment for damage, defects, missing items or any other irregularities.
Any objections regarding the condition or contents of the shipment must be reported to the LESSOR without delay.
If the LESSEE does not report any objections after receiving the shipment, the Equipment shall be deemed to have been received in good condition and in accordance with the Rental Agreement.
A Security Deposit is mandatory for all rentals involving courier delivery. The amount of the Security Deposit shall depend on the value of the Equipment.
The total rental cost, including any delivery charges, shall be agreed between the PARTIES by email during the booking process.
For Equipment delivered by courier:

the collection date stated in the Rental Agreement shall mean the date on which the Equipment is handed over by the LESSOR to the courier; and
the return date stated in the Rental Agreement shall mean the date by which the Equipment must be delivered back to the LESSOR’s office at ul. Rolna 195 in Warsaw.

The LESSOR may charge the LESSEE for the cost of delivery. Delivery charges shall depend on factors including the dimensions and weight of the shipment.
The full rental fee for Equipment delivered by courier must be paid in advance by online payment.
The Equipment shall not be dispatched until the LESSOR has received the required payment.
The LESSEE shall be responsible for arranging and paying for the return shipment.
The LESSEE must select a courier service that enables the Equipment to be returned to CamCam by the date and time specified in the Rental Agreement.
The LESSEE is responsible for properly packaging and securing the Equipment for return transport and for obtaining appropriate insurance for the shipment.
Neither the LESSOR nor the LESSEE shall be liable for delays caused solely by the courier company, subject to any liability that cannot be excluded under applicable law.

8. Liability for Equipment

The LESSEE assumes full legal and financial responsibility for the Equipment from the moment it is handed over to the LESSEE until it is returned to and accepted by the LESSOR.
The LESSEE shall be responsible for any loss of, theft of or damage to the Equipment occurring during the rental period, subject to the provisions of applicable law.
The LESSOR’s liability for losses or damages resulting from a malfunction of the rented Equipment shall be limited to the amount of the rental fee specified in the Rental Agreement, to the extent permitted by applicable law.

9. Loss or Irreparable Damage

If the Equipment, or any part of it, is lost, stolen or damaged beyond economical or technical repair, the LESSEE shall reimburse the LESSOR for the replacement value of the lost or damaged Equipment.
The replacement value shall be determined on the basis of the current market price of equivalent or comparable Equipment.

10. Damage to and Care of the Equipment

The LESSEE must use the Equipment with due care and in accordance with:
- its intended purpose;
- the manufacturer’s instructions; and
- generally accepted professional practices.
The LESSEE shall return the Equipment in a condition no worse than at the commencement of the rental period, subject to normal wear and tear resulting from proper use.
The LESSEE shall be liable for the reasonable cost of repairing any damage caused during the rental period for which the LESSEE is responsible.

11. Proper Operation of the Equipment

The LESSOR provides Equipment that is fully operational at the commencement of the rental period and warrants its proper functioning when used correctly and for its intended purpose.
If the Equipment develops a malfunction that was not caused by the LESSEE, the LESSOR shall, where applicable:
- repair the Equipment at its own expense; and
- waive the rental fee for the period during which the affected Equipment could not reasonably be used.
The LESSEE must immediately notify the LESSOR of any defect, malfunction or failure of the Equipment.
The LESSEE should stop using Equipment where continued use could cause further damage or present a safety risk.
If a malfunction or defect is reported only after completion of the production or shoot, or only when the Equipment is returned, the LESSOR reserves the right to charge the full rental fee where it was not given a reasonable opportunity to verify or remedy the issue during the rental period.

12. Rental Charges

The minimum rental period is one day.
Unless otherwise agreed, the rental fee for the period specified in the Rental Agreement shall be calculated on the basis of:
- the applicable daily rental rate; and
- the number of rental days.
The rental period begins and ends on the dates and at the times agreed during the booking process and specified in the Rental Agreement.
All prices displayed in the LESSOR’s price list are net prices unless expressly stated otherwise.
VAT at the applicable rate, currently 23%, shall be added to the net rental price where required under applicable tax law.
If the LESSEE extends the rental period without the LESSOR’s prior approval, or fails to return the Equipment by the agreed date and time, the LESSOR may charge an additional fee equal to 150% of the applicable rental rate for each additional commenced 24-hour period.
The LESSOR may waive the additional charge where:
- the delay is caused by force majeure; and
- the LESSEE informs the LESSOR of the circumstances before the agreed return deadline.
The applicable payment method shall be agreed during the booking process.

13. Cancellation

A rental order may be cancelled free of charge if the cancellation is made at least 12 hours before the agreed collection time.
If the LESSEE cancels the order less than 12 hours before the agreed collection time, the LESSOR may charge a cancellation fee equal to 50% of the rental fee.
If the LESSEE fails to collect the ordered Equipment without cancelling the booking, the LESSOR may charge an amount equal to 100% of the rental fee for the first rental day.

14. Disputes and Governing Law

These General Terms and Conditions and all Rental Agreements entered into under them shall be governed by Polish law.
Any disputes arising out of or in connection with the Rental Agreement shall be resolved by the competent Polish court in accordance with the provisions of the Polish Code of Civil Procedure.
To the extent permitted by applicable law, the court having jurisdiction over the registered office of CamCam A. i W. Zych Sp.j. shall have jurisdiction to hear such disputes.