Rental agreement & terms

1. Application and contract documents

These rental terms apply to all products rented out by Flexfoto AB, company reg. no. 559250-3675 ("Flexfoto" or "the Lessor"). The party renting equipment from the Lessor is referred to in these terms as "the Lessee". The equipment rented is referred to as "the rental item" or "the equipment".

The agreement between the parties ("the Agreement") consists of the rental agreement the Lessee signs electronically in connection with the booking, the booking confirmation the Lessor sends, and these rental terms.

In the event of a conflict between the documents, they apply in the following order: (1) the order details on the first page of the signed rental agreement, (2) the booking confirmation, (3) these rental terms.

2. Binding agreement and signing

The Lessee accepts these rental terms in connection with the booking.

The Agreement becomes binding on both parties when the Lessee has signed the rental agreement electronically with BankID. Bookings from businesses must be signed by an authorised signatory.

The Lessor provides the Lessee with a copy of the signed document. The copy is sent to the email address the Lessee provided and is available under My pages.

3. The service and who may rent

The Lessor rents out professional photo and video equipment to private individuals and businesses. The equipment is shipped to the delivery address the Lessee states when booking. Delivery is made to an address in Sweden.

All bookings are made through the Lessor’s website, where current prices and product descriptions are shown.

To rent, the Lessee must be 18 years of age or older and able to identify themselves with a Swedish BankID. Business customers must have a valid company registration number, and the Agreement must be signed by an authorised signatory.

4. Prices and payment

Current rental prices are shown on the Lessor’s website and in the booking confirmation. In addition to the rental cost, the cost of outbound and return shipping is charged. All prices to consumers are stated including VAT.

Rental and shipping cost are paid according to the payment option the Lessee selects when booking. The following options may be offered.

Payment at booking — the full amount is charged at the time of booking to the payment card or payment method the Lessee provides.

Payment before the rental period — the Lessee receives a payment link and must have paid no later than five (5) working days before the first day of the rental period. If payment has not been made in time, the Lessor is entitled to cancel the booking and release the equipment.

Payment after the rental period — the Lessor requests payment after the rental has ended. Payment must be made within ten (10) days of the request.

Invoice — offered to business customers with a valid company registration number after an approved credit assessment. The invoice is issued after the rental period has ended, with ten (10) days payment terms.

A fee may be added for payment before or after the rental period, and a discount may be given for payment in connection with the booking. Which fee or discount applies is shown in the booking before it is completed and in the booking confirmation.

In the event of late payment, default interest is charged in accordance with the Swedish Interest Act, together with the statutory reminder and debt-collection fees.

5. Credit assessment

The Lessor may obtain a credit report in connection with the booking or in connection with the review of a placed order, and reserves the right, after assessing the Lessee’s creditworthiness, to decline the booking. Credit reports are obtained via Creditsafe. The processing of personal data is described in § 20.

6. Right of withdrawal

The rental of equipment under the Agreement constitutes a service that the Lessor provides during a fixed period which the Lessee selects when booking.

If the Lessee is a consumer, the Lessee has the right to withdraw from the Agreement within fourteen (14) days from the day the Agreement was concluded. The right of withdrawal is exercised by a clear statement to support@flexfoto.se, or by using the standard withdrawal form of the Swedish Consumer Agency.

The rental normally begins before the withdrawal period has expired. By signing the Agreement, the Lessee expressly consents to the rental beginning during the withdrawal period and agrees that the right of withdrawal ceases once the rental has been fully performed. The rental is fully performed when the rental period has ended and the equipment has been returned.

If the Lessee withdraws from the Agreement before the equipment has been handed over to the carrier, the full amount paid is refunded.

If the Lessee withdraws from the Agreement after the equipment has been handed over to the carrier but before the rental has been fully performed, the Lessee shall pay a proportionate share of the rent for the time the equipment was in the Lessee’s possession, together with the cost of outbound and return shipping. Any remaining amount paid is refunded.

The equipment shall in that case be returned without undue delay and at the latest fourteen (14) days from the Lessee giving notice of withdrawal. Until the equipment has been returned, the Lessee’s responsibility under §§ 15 and 16 applies.

Refunds are made without undue delay and at the latest fourteen (14) days from the Lessor receiving the equipment, using the same payment method the Lessee used.

7. Cancellation

The Lessor reserves the right to unilaterally cancel a booking at any time before the start of the rental period. Cancellation on the Lessor’s part is notified in writing to the email address the Lessee provided, and any payment made is refunded in full.

The Lessee has the right to cancel their booking free of charge up until the Lessor has handed the equipment over to the carrier for delivery. Any payment made is then refunded in full.

If the Lessee cancels after the equipment has been handed over to the carrier, outbound and return shipping is charged together with rent corresponding to one (1) day. Any remaining amount paid is refunded. The Lessee shall either leave the parcel uncollected at the service point or return it using the enclosed return label.

If the Lessee does not collect the parcel and the booking has not been cancelled under 7.2 or 7.3, no refund is made. The rental period and the rent then run in accordance with the Agreement.

If the Lessee returns the equipment before the end of the rental period, charging is made according to the Lessor’s ordinary price list for the actual rental time, and the difference is refunded.

8. Delivery of the rental item

The equipment is shipped with PostNord. The Lessee selects the delivery method when booking, from the options offered for the delivery address — for example home delivery, collection at a service point, a parcel locker, or delivery to a letterbox or door. The chosen delivery method is stated in the signed rental agreement.

Where the equipment is collected at a service point, it is handed out on presentation of identification.

The Lessor cannot guarantee a specific time or a specific date for delivery. Any announced delivery time is an estimate and deviations may occur. The Lessor’s liability for delayed delivery is set out in § 17.

Once the equipment has been received, the Lessee shall inspect it without delay to make sure it has not been damaged in transit. Transport damage must be reported to the Lessor without delay, and at the latest twenty-four (24) hours after the Lessee received the parcel.

9. Start and end of the rental period

The rental period begins on the arrival day the Lessee selected when booking, or on the day the carrier makes its first delivery attempt if that falls later.

The rental period runs up to and including the return day stated in the booking confirmation. Both the arrival day and the return day are included in the rental period.

10. Use of the equipment

The equipment is and remains the property of the Lessor. It may only be used for the tasks and under the conditions for which it is intended.

Throughout the rental period the Lessee shall be responsible for the supervision and care of the equipment, and for it being transported, stored and handled with care.

It is the Lessee’s responsibility to read the information in the accompanying manuals and instruction books before the equipment is used.

The equipment may not be sub-let, lent out or otherwise transferred to anyone else. The Lessee is responsible for the equipment also when it is used by someone else under the Lessee’s supervision.

No intervention that alters the construction or function of the rental item may be made.

Where the rental item is a drone or other unmanned aircraft, the Lessee is responsible for being a registered operator with the Swedish Transport Agency, for holding the competence required for the flight in question, and otherwise for complying with the applicable rules on unmanned aviation. The Lessor is not liable for the Lessee’s use of the equipment in breach of those rules.

11. Sealing

When booking, the Lessee may choose to rent sealed equipment at a reduced rental cost, for example to have a spare should a problem arise with their main equipment. The equipment is then delivered in a sealed bag and the rental cost is 50% of the ordinary price.

If the Lessee breaks the seal, the full rental cost at the ordinary price is charged, regardless of whether the equipment was in fact used or not. In addition, a handling fee of 100 SEK is charged for repackaging, resealing and checking the equipment. The fee is charged after the Lessor’s inspection on return.

12. Extension of an ongoing rental period

If the Lessee wishes to extend an ongoing rental period, this must be approved by the Lessor before the current rental period has ended. If the extension is approved, a new booking confirmation is sent.

If the Lessor states that the rental item is not available for extension, the Lessee is obliged to return it within the agreed time.

13. Return of the rental item

The equipment shall be handed over to the carrier no later than 18:00 on the return day. The Lessee chooses either to leave the parcel at a service point or to book a pickup. Where a pickup is booked, the Lessee must be present at the agreed time.

The Lessee must be able to prove that the hand-over took place in time, by a drop-off receipt from the service point or by the carrier’s confirmation of a booked pickup.

If, on return, accompanying accessories such as caps, covers, tripod rings or bags are missing, the Lessee is liable for the cost of replacing them.

On return, the rental item shall be well cleaned and, allowing for normal wear and tear, in good condition. Otherwise the Lessor is entitled to carry out the necessary cleaning and repair at the Lessee’s expense.

14. Late return

If the equipment is not returned on time, the Lessee is charged a late fee of 1.5 x the daily rental rate of the equipment for each commenced day the delay lasts. The daily rental rate means the price of one (1) day’s rental of the product according to the Lessor’s price list.

The late fee is primarily deducted from the payment card the Lessee used when booking. If the card has insufficient funds, or it is for any other reason not possible to charge it, an invoice is sent instead. Payment by invoice carries an administrative fee of 50 SEK.

If the equipment has not been returned within seven (7) days of the end of the rental period, and the parties have not agreed on an extension, the equipment is regarded as stolen.

The Lessor is then entitled to charge the Lessee the replacement value of the equipment. The late fee under 14.1 accrues up to and including the seventh day and not thereafter. Compensation shall be paid at the latest seven (7) days from the Lessor presenting its claim. If payment is not made within the prescribed time, the Lessor will take legal action.

If a dispute arises as to whether the equipment has been returned, the following applies: if neither the tracking information for the shipping label provided by the Lessor, nor the Lessee’s drop-off receipt, nor the carrier’s confirmation of a booked pickup shows that the equipment was handed over to the carrier, it is regarded as not returned.

If the Lessee used a shipping method not agreed in advance and the equipment is lost in transit, it is regarded as not returned.

15. Responsibility during the rental and insurance

The Lessor guarantees that the equipment is in full working order and will, where possible, replace equipment that does not work at no extra cost to the Lessee. Where the fault was caused by the Lessee, the costs of remedying it and of transport are charged.

The Lessor keeps the equipment insured throughout the rental period. The insurance is an all-risk insurance and applies in the geographical region stated at the time of booking.

Theft is covered by the insurance provided that the theft is reported to the police by the Lessee. A police report is a condition for the insurance to pay compensation.

Loss and theft must always be reported by the Lessee to the Police and to the Lessor, without delay after the Lessee became aware of the event. On the Lessor’s request, the Lessee shall provide a copy of the police report with its reference number, so that the Lessor can make its own report.

Where damage, loss or theft covered by the insurance occurs, the Lessee’s liability to pay compensation is 1,500 SEK per damage event. That amount is also the upper limit of the Lessee’s liability for such an event; no further cost for the damage is charged.

The limitation in 15.5 does not apply where the insurance pays no compensation, namely if the equipment was used outside the geographical region stated at the time of booking, if accompanying accessories were not returned, if a theft was not reported to the police under 15.3, if the equipment was sub-let or lent out in breach of 10.4, or if the equipment was not returned within seven (7) days under 14.3. In those cases the Lessee is liable for the repair cost or the replacement value of the equipment without limitation.

It is incumbent on the Lessee to store the equipment in a secure manner.

Costs under this section are primarily deducted from the payment card the Lessee used when booking. If the card has insufficient funds, or it is for any other reason not possible to charge it, an invoice is sent instead. Payment by invoice carries an administrative fee of 50 SEK.

16. Damage and repair

The Lessee bears the risk of damage arising to the equipment during the rental period, except damage that arose while the equipment was in the carrier’s possession. The Lessee’s liability to pay compensation is set out in § 15.

If the Lessee does not report existing damage to the Lessor within twenty-four (24) hours of receipt under 8.4, the damage is deemed to have arisen during the rental period unless shown otherwise.

If a dispute arises as to whether the damage arose while the equipment was in the carrier’s possession, the equipment shall be assessed by an independent repairer appointed jointly by the parties. The assessment is advisory to the parties and does not restrict the Lessee’s rights under § 23.

The Lessor decides on the method and place of repair.

Damage shall be reported to the Lessor as soon as the Lessee becomes aware of it. The Lessor does not charge rent for the time the equipment is under repair, provided the damage was reported before the equipment was returned.

17. The Lessor’s liability

The Lessor’s liability under the Agreement is limited to a reduction of the rent for the time the Lessee has been unable to use the equipment as a result of a malfunction or delayed transport.

The Lessor is not liable for indirect or consequential damage arising from malfunctions or delays in shipping.

The Lessor is not liable for damage to images, film or other material created with, connected to or used together with the equipment.

The Lessor’s aggregate liability to pay compensation is limited to the rent received for the equipment in question. The limitations in this section do not apply in the event of personal injury, intent or gross negligence, nor to the extent they would conflict with mandatory consumer protection legislation.

18. Early termination of the agreement

If the Lessee materially disregards their obligations under the Agreement, suspends its payments, is declared bankrupt, enters composition negotiations or may otherwise be deemed insolvent, the Lessor is entitled to terminate the Agreement with immediate effect and repossess the rental item at the Lessee’s expense.

19. Force majeure

If a party is prevented from performing the Agreement as a result of an event beyond that party’s control — including but not limited to strike, fire, flood, extreme weather, natural disaster, war, insurrection, invasion, vandalism, sabotage, riot, terrorism, embargo, shortage of means of transport, general shortage of goods or new legislation — and the event could not reasonably have been foreseen when the Agreement was concluded, the party is released from the obligation to perform the Agreement. As soon as the ground for release has ceased, performance shall be resumed.

A party wishing to invoke a ground for release shall notify the other party in writing without delay.

A party is not liable for damage or loss arising as a consequence of that party’s performance being postponed by reason of force majeure.

20. Personal data

The Lessor processes the Lessee’s personal data in order to perform the Agreement, including identification with BankID, archiving of the signed rental agreement, delivery and return, and any credit assessment under § 5. How the processing is carried out, which legal basis applies, how long the data is kept and what rights the Lessee has are set out in the Lessor’s privacy policy at www.flexfoto.se.

21. Notices

Notices under the Agreement are sent to the email address the Lessee provided when booking, and to support@flexfoto.se respectively. A notice is deemed to have reached the recipient on the working day it was sent.

The Lessee is responsible for the contact details provided being correct and for notifying any changes.

22. Amendments and additions

These rental terms may be amended by the Lessor from time to time. Changes apply only to rental periods that begin after the change has been made. For a booking already concluded, the terms the Lessee signed apply.

23. Dispute resolution

The Lessor wants in the first instance to resolve disputes through direct dialogue. Please contact support@flexfoto.se.

If no agreement is reached, the Lessee may turn to the Swedish National Board for Consumer Disputes — Allmänna reklamationsnämnden (ARN), Box 174, 101 23 Stockholm, www.arn.se. The Lessor undertakes to follow the recommendations of the National Board for Consumer Disputes.

A dispute may also be heard by a Swedish general court. Swedish law applies to the Agreement.