Terms and Conditions of SUNDOO Tenerife

 

1. Scope and Legal Basis

These Terms and Conditions (“T&Cs”) govern all contracts between SUNDOO Tenerife (hereinafter referred to as “Lessor”) and the renting person or company (hereinafter referred to as “Lessee”). Spanish law shall exclusively apply. Deviating provisions shall only become effective if confirmed in writing by the Lessor. The T&Cs are drafted in English; in case of ambiguities or contradictions, the interpretation under Spanish law shall prevail.

 

2. Conclusion of the Rental Agreement

A rental agreement is concluded as soon as the Lessor confirms a booking in writing (via email, WhatsApp, or Telegram). The mere submission of a request does not establish a claim to the conclusion of a rental agreement.

 

3. Service Description

The online catalog contains product photos as well as details such as weight, dimensions, and features of the rental items. Despite careful maintenance, color or model deviations may occur. Such deviations do not entitle the Lessee to withdraw from the contract, provided the replacement product is functionally equivalent.

 

4. Prices, Payment Methods, and Deposit

  • Prices are stated in euros, including statutory VAT.
  • A deposit must be paid prior to handover; the amount will be communicated by the Lessor in the booking offer.
  • Upon proper return of the rental items, the deposit will be refunded immediately via the same payment method.
  • If the deposit is insufficient to cover damages or losses, the Lessee is obliged to pay the remaining amount.
  • If the Lessee fails to adhere to agreed return dates, the Lessor may charge the daily rental rate proportionally for the additional time.

 

5. Cancellation of the Rental Agreement

The Lessee may cancel the rental agreement at any time and without stating reasons free of charge. Cancellation must be made in writing via email, WhatsApp, or Telegram. Upon receipt of the cancellation, the Lessor will provide the Lessee with a confirmation, and any payments already made (including the deposit) will be refunded within 48 hours via the same payment method. However, cancellation is only possible prior to the handover of the rental items; after handover, the return provisions under Section 6 apply.

 

6. Handover, Inspection, and Return

The Lessee must inspect the rental items upon receipt for visible defects and report any complaints immediately. Later complaints regarding visible defects will not be considered unless they involve hidden defects that only become apparent during proper use. If the Lessee discovers a defect during the rental period, they must inform the Lessor immediately so that a replacement can be provided if possible. The rental items must be returned at the agreed location and in the same condition as at handover, except for normal wear and tear.

 

7. Obligations of the Lessee

  • The items must be used as intended and protected from moisture, sand, and excessive sunlight. In case of violations of these obligations, the Lessee is liable for all resulting damages.
  • Transfer to third parties is prohibited without written consent.
  • The installation of child seats, baby seats, or booster seats is the sole responsibility of the Lessee. The Lessor provides a manufacturer’s video tutorial but assumes no responsibility for installation or liability for incorrect installation.

 

8. Liability

The Lessor is liable for intent and gross negligence. For simple negligence, the Lessor is only liable for breaches of essential contractual obligations, limited to foreseeable, contract-typical damages. Liability for lost profits is excluded. Mandatory statutory liability provisions, particularly for personal injuries, remain unaffected. The Lessee shall indemnify the Lessor against all third-party claims arising from improper use of the rental items or violations of these T&Cs, including any claims for damages or legal costs. In the event of loss or theft of the rental items, the Lessee is fully liable for the replacement value of the items. The Lessee is obliged to immediately notify the Lessor of any loss. In such cases, the deposit will be retained, and the Lessor reserves the right to claim the remaining damages from the Lessee.

 

9. Ownership and Intellectual Property Rights

All rental items remain the property of the Lessor. All content on the website sundoo24.com (texts, photos, logos, source code, etc.) is protected by copyright or trademark law. Any use beyond the narrow limits of copyright law requires prior written permission.

 

10. Data Protection and Cookies

The processing of personal data is governed by the General Data Protection Regulation (GDPR) and the Spanish LOPDGDD. Details are provided in the separate privacy policy. The website uses cookies to improve services and analytics. The user actively consents to the use of cookies via the cookie banner and may object to their use, which may lead to functional restrictions.

 

11. Online Availability

The Lessor strives to keep the website available 24/7 throughout the year. Maintenance windows or force majeure events (e.g., natural disasters, power outages, or cyberattacks) may lead to temporary outages; any claims arising from such outages are excluded.

 

12. Final Provisions

If any clause of these T&Cs is invalid, the validity of the remaining provisions shall remain unaffected. The place of jurisdiction for disputes is – to the extent legally permissible – Palma de Mallorca. The Lessor does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.