TERMS & CONDITIONS

1. Introduction

1.1 These Terms & Conditions (the “Agreement”) form the basis of all equipment rental contracts between Cinegearpro Ltd (hereafter “Cinegearpro,” “we,” “us,” or “our”) and you, the customer (hereafter the “Hirer” or “you”). By making a booking or rental order, you confirm that you have read, understood, and agree to be bound by the terms stated herein.

1.2 If you have any questions or require clarification on any aspect of these Terms & Conditions, please get in touch with us before finalising your booking.

2. Definitions

  • “Equipment” means all items, including but not limited to cameras, lenses, lighting, audio gear, accessories, or any other goods provided to you for rental under this Agreement.
  • “Hire Period” means the agreed-upon date range during which the Equipment is rented to you.
  • “Rental Charges” means the total fees (and any associated taxes) payable by you to Cinegearpro for the use of the Equipment.
  • “Damage Waiver” refers to any additional fee you may choose (or be required) to pay to cover accidental damage or losses under specific conditions, as further explained in these terms.

3. Bookings and Orders

3.1 Quotations & Orders

  • Any quotations provided by Cinegearpro are without obligation and subject to Equipment availability.
  • We reserve the right to decline any booking at our discretion.

3.2 Booking Confirmation

  • A booking is considered confirmed once you have agreed to these Terms & Conditions (verbally, electronically, or in writing) and any deposit/payment arrangement has been received and acknowledged by Cinegearpro.
  • Cancellations must be made in writing (email is acceptable). Cancellation fees may apply as detailed in Clause 11.

3.3 Subcontracting

  • Cinegearpro reserves the right to subcontract all or part of your order if necessary, but remains fully responsible for delivering the Equipment as per the agreed rental.

4. Hire Period

4.1 Commencement & Return

  • Unless otherwise agreed, the Hire Period starts from the earlier of (a) the date/time the Equipment is collected by or delivered to you; or (b) the official start date of the rental as specified in your booking.
  • The Hire Period ends when you have returned the Equipment in satisfactory condition to our premises or the location we designate, or when the agreed rental term expires, whichever is later.

4.2 Extended Hire Period

  • If you fail to return the Equipment by the agreed time, additional Rental Charges may apply for each 24-hour period (or part thereof) that the Equipment is late.

4.3 Evidence of Return

  • It is your responsibility to obtain a receipt or written confirmation from Cinegearpro confirming the Equipment’s return. Until such receipt is issued, you remain liable for the Equipment.

5. Delivery and Collection

5.1 Collection & Responsibility

  • The Hirer is generally responsible for collecting and returning the Equipment unless otherwise agreed.
  • If Cinegearpro arranges delivery/collection, you must ensure clear and safe access for delivery and pick-up, and be available to receive (and sign for) the Equipment.

5.2 Unattended Vehicles

  • You must never leave the Equipment in an unattended or unsecured vehicle. Failure to take adequate security measures may invalidate any Damage Waiver or insurance coverage.

6. Ownership, Title & Risk

6.1 Title

  • All rented Equipment remains the property of Cinegearpro at all times. You have no right, title, or interest in the Equipment other than the right of possession and use during the Hire Period.

6.2 Prohibited Actions

  • You may not sell, assign, mortgage, pledge, underlet, lend, or otherwise deal in any way with the Equipment without our prior written consent.

6.3 Risk

  • Risk in the Equipment (including risk of theft, damage, or loss) passes to you once it leaves Cinegearpro’s premises (or once delivered to you, if we provide transport) and remains your responsibility until it is returned and accepted by Cinegearpro.

6.4 Location and Use

  • The Equipment must not be taken outside of the United Kingdom, used in hazardous conditions, or altered/modified in any way without our prior written permission.

7. Care, Operation, and Maintenance of Equipment

7.1 Proper Use

  • You must use the Equipment in a careful, proper, and lawful manner for the purpose(s) for which it is designed. Only adequately trained or experienced personnel should operate the Equipment.

7.2 Protection from the Elements

  • You must keep the Equipment protected from the elements and handle it with due care. Never subject Equipment to unnecessary risk (e.g., extreme temperatures, moisture, or impact).

7.3 No Alterations

  • You must not make any alterations, additions, or modifications to the Equipment, nor install or use any accessory that may be incompatible or detrimental to its safe operation.

7.4 Inspection

  • If you detect any fault or damage, notify Cinegearpro immediately. Do not attempt to repair the Equipment yourself unless expressly authorised by us in writing.

8. Damage, Loss, or Theft

8.1 Liability for Damage or Loss

  • You are liable for all damage to or loss of the Equipment, however caused, during the Hire Period. This includes full replacement costs if the Equipment is lost or damaged beyond repair.

8.2 Reporting

  • Any Equipment that becomes faulty, lost, or damaged must be reported to Cinegearpro as soon as possible. You may be required to return the damaged items to us for inspection or repair.

8.3 Repairs

  • No attempt to repair damaged Equipment should be made without our prior written authorization. Unauthorised repairs or tampering may incur additional charges.

9. Insurance and Damage Waiver

9.1 Insurance Requirement

  • You are responsible for ensuring that adequate insurance is in place to cover damage, theft, or loss of the Equipment, as well as any liabilities (personal injury, property damage, etc.) that may arise during the Hire Period. Cinegearpro can provide details of replacement values upon request.

9.2 Damage Waiver Option

  • Subject to Cinegearpro’s discretion and for certain rentals, we may offer a Damage Waiver or Subrogation Waiver. If you opt to pay for this waiver, our insurer may cover certain types of Equipment damage or theft, less any applicable excess, provided you comply with all terms of our waiver policy.
  • Important: The Damage Waiver is not all-inclusive; certain exclusions may apply (e.g., negligence, intentional misuse). We will provide you with the specific terms if this option is offered.

9.3 Insurance Proof

  • Where relevant, you must provide evidence of valid insurance and ensure that Cinegearpro’s interests are noted on that policy. Failure to maintain appropriate coverage or to pay for our offered waiver (if required) may result in refusal of rental or termination of the Agreement.

10. Rental Charges and Payment

10.1 Rates and Taxes

  • Rental Charges are quoted exclusive of VAT unless otherwise stated. VAT (and any other applicable taxes) will be added at the prevailing rate.

10.2 Payment Terms

  • Payment is typically required before or upon collection/delivery of the Equipment unless a prior credit arrangement has been agreed in writing.
  • Credit account customers must pay within the agreed credit period, usually 30 days from the invoice date, unless otherwise specified.

10.3 Late Payments

  • Overdue accounts may incur interest charges, administrative fees, or both. Failure to settle outstanding balances may result in the retrieval of the Equipment and/or legal action.

10.4 Minimum Hire Charge

  • Cinegearpro may impose a minimum hire charge. You will be notified of any such minimum at the quotation stage.

11. Cancellation & Curtailment

11.1 Cancellation by Hirer

  • If you cancel or curtail the booking within 24 hours of the Hire Period start date, Cinegearpro reserves the right to charge up to the full Rental Charge as a cancellation fee.
  • Cancellations made prior to 24 hours may still incur charges or forfeit deposits, depending on the circumstances.

11.2 Cancellation by Cinegearpro

  • We may cancel your booking at any time if you fail to adhere to these Terms & Conditions, provide incomplete or misleading information, or if we have reasonable concerns about the security or proper care of the Equipment.

12. Liability and Indemnity

12.1 Exclusion of Liability

  • Cinegearpro shall not be liable for any indirect, economic, or consequential losses (including loss of profits or business) incurred by you or any third party.
  • We do not accept liability for any damage to property or personal injury (except in cases of our proven negligence or willful default).

12.2 Indemnification

  • You agree to indemnify and hold Cinegearpro, its employees, and agents harmless against any claims, damages, costs (including legal fees), or proceedings arising from your use or misuse of the Equipment.

12.3 Limitations

  • While Cinegearpro will test and maintain the Equipment to high standards, we do not warrant its suitability for your specific purposes. We will make reasonable efforts to replace or fix faulty Equipment promptly, but are not responsible for any delays, missed shots, or additional costs you may incur.

13. Termination

13.1 Grounds for Termination

  • Cinegearpro may terminate this Agreement immediately if:
    • You breach any term of this Agreement and fail to remedy that breach (if remediable) within 5 business days of receiving notice.
    • You become insolvent, file for bankruptcy, or have a receiver appointed over your assets.
    • Any misrepresentation or fraud regarding your rental application or identity verification.

13.2 Actions Upon Termination

  • If termination occurs, we may repossess the Equipment without prior notice. You must cooperate to enable us to recover the Equipment immediately.
  • You remain liable for all rental fees and other charges accrued prior to the date of termination.

14. Data Protection and Anti-Fraud Measures

14.1 Data Protection

  • Cinegearpro may collect personal data (e.g., name, address, photo ID) for the sole purpose of validating your identity, facilitating bookings, and preventing fraud. We will handle all personal information in compliance with applicable data protection legislation.

14.2 Fraud Prevention

  • Suspicious activity may be reported to relevant anti-fraud networks or law enforcement authorities. By making an inquiry or renting Equipment, you consent to our verifying your details, including the sharing of information in instances of suspected fraud.

15. Force Majeure

15.1 Circumstances Beyond Our Control

  • Cinegearpro shall not be liable for any failure or delay in performing our obligations where such failure or delay is due to events outside our reasonable control (e.g., war, civil unrest, strikes, natural disasters, or equipment failure not caused by our negligence).

16. Governing Law & Jurisdiction

16.1 Applicable Law

  • This Agreement and any disputes or claims arising out of or in connection with it shall be governed by and construed in accordance with the laws of England and Wales.

16.2 Jurisdiction

  • The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms & Conditions.

17. General Provisions

17.1 Severability

  • If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

17.2 No Third-Party Rights

  • A person who is not a party to this Agreement shall have no right to enforce any of its terms.

17.3 Entire Agreement

  • These Terms & Conditions constitute the entire agreement between the Hirer and Cinegearpro relating to the rental of Equipment. No other terms, whether oral or written, apply.

17.4 Amendments

  • No variation of these Terms & Conditions shall be effective unless made in writing and agreed by both parties.

17.5 Notices

  • Any official communication must be sent to the address or email specified by Cinegearpro in your booking documentation or posted on our website. Notices will be deemed received on delivery (if hand-delivered) or after two business days (if posted), or on the same business day if sent via confirmed email (absent error or bounce-back).

If you have any questions about these Terms & Conditions or require specific clarifications, please contact us at [email protected]