Terms and conditions

1. Identification of the operator and purpose

In compliance with article 10 of Spanish Law 34/2002, on Information Society Services and Electronic Commerce, borrou.es (hereinafter, «the Platform») is operated by Alejandro Carvajal Martínez, resident in Santa Cruz de Tenerife (Spain), contact address info@borrou.es. Full tax identification details will be provided to any user, authority or interested party who requests them at that address.

These general conditions govern access to and use of the Platform, an online intermediation service that puts natural or legal persons offering movable goods for rent («Owners») in contact with persons wishing to rent them for a given period («Renters»). Owners and Renters are referred to jointly as «Users».

2. Acceptance of the conditions

Registering on the Platform and using any of its features imply full and unreserved acceptance of these conditions, in the version published at the time of each use. Anyone who does not agree with them must refrain from using the Platform.

Acceptance of these conditions does not create any employment, corporate, agency or partnership relationship between Users and the operator of the Platform.

3. Capacity, registration and identity verification

Use of the Platform is reserved to persons of legal age with full legal capacity to contract, as well as to duly represented legal persons. Users warrant the truthfulness of the data provided on registration and undertake to keep it up to date.

Before a first booking it is mandatory to pass an identity verification process by official document and facial check, carried out by a specialised provider. The Platform neither accesses nor keeps the documentation supplied in that process, and receives only the result of the verification. No booking can be made without completed verification.

Each User is responsible for safeguarding their credentials and for any action carried out from their account, and must immediately notify the Platform of any unauthorised use of it.

4. Listing items

The Owner is solely responsible for the accuracy and truthfulness of the information in their listings (photographs, description, condition, price and availability) and warrants that they hold sufficient title over the item and that possessing and renting it out are lawful.

Listings are expressly prohibited where their subject matter is:

• Firearms, bladed weapons subject to administrative control, ammunition, explosives and pyrotechnic material.
• Narcotic or psychotropic substances, prescription medicines and medical devices requiring authorisation.
• Counterfeit items or items infringing third-party industrial or intellectual property rights.
• Motor vehicles requiring compulsory motor insurance, as well as manned aircraft.
• Live animals, human remains, organs and any other goods whose trade is prohibited.
• Pornographic material, content inciting hatred or discrimination, and any goods whose transfer may constitute an administrative or criminal offence.
• Goods requiring a specific licence, authorisation or qualification for their use, where the listing does not expressly say so.

The Platform may review, amend, reject or withdraw any listing that contravenes these conditions or the purpose of the service, without such action giving rise to any right to compensation in favour of the Owner.

The Owner may not impose contractual conditions of their own that differ from or add to those set out in these conditions. In particular, they may not establish financial penalties, deposits, late-return penalties or verification requirements other than those set by the Platform.

5. Booking process and formation of the contract

The Renter requests a booking by selecting the desired period. The Owner must expressly accept or decline it. The booking is understood to be made, and the rental contract between Owner and Renter concluded, at the moment the Owner’s acceptance and the Renter’s full payment come together.

The Platform does not guarantee the availability of any item or the acceptance of any request, and is not liable for an Owner’s refusal to accept a booking.

6. Prices, fees and payment

The Platform receives a service fee from both parties, accruing only when a booking is made. The Renter pays the rental price freely set by the Owner plus a fee of 10% on that price. The Owner has a fee of 15% on the same price deducted, and receives the resulting amount. Both amounts are itemised beforehand, respectively before payment is confirmed and before the listing is published. All amounts are expressed in euros and include, where applicable, the relevant indirect taxes.

Listing is free and there are no periodic fees or minimum-term commitments. The fees stated cover payment handling, identity verification, handling of incidents and the protection programme described in clause 10.

That programme does not constitute a contract of insurance, nor does the Platform act as an insurer or as an insurance intermediary. It is a guarantee of the Platform’s own, with the scope and limits set out in clause 10.

Payment is processed entirely through an authorised payment institution. The Platform does not store the Renter’s full card details. The amount corresponding to the Owner is held by the Platform until the return of the item is confirmed, at which point its transfer to the bank account linked to their profile is ordered, without prejudice to the settlement periods applied by the payment institution.

The Platform may change its fees at any time, the rate in force at the time of each booking being the applicable one.

7. Right of withdrawal

In accordance with article 103(l) of Spanish Royal Legislative Decree 1/2007, approving the consolidated text of the General Law for the Defence of Consumers and Users, the right of withdrawal does not apply to contracts whose subject matter is the making available of goods for a specific date or period of performance.

The foregoing is without prejudice to the cancellation and refund regime set out in clause 8, which the Platform offers voluntarily and more generously.

8. Cancellations and refunds

Either party may cancel the booking before the end of the rental period. If the booking has not yet been paid for, cancellation gives rise to no charge.

Where the booking has already been paid for and the cancellation is made by the Renter, the refund is determined by how far in advance of the start date it occurs:

• More than three (3) days in advance: the whole amount paid is refunded, service fee included, with the sole deduction of the payment processing costs actually borne by the Platform, which the payment institution does not return in the event of a refund and which will in no case exceed five (5) euros.
• Two (2) or three (3) days in advance: 50% of the total amount paid is refunded.
• The day before the start or on the same day: no refund is due.

The amount not refunded goes towards compensating the Owner for the unavailability of the booked dates, in the part corresponding to the rental price, the Platform retaining only the proportion corresponding to its fees.

Where a booking already paid for is cancelled by the Owner, the Renter receives a full refund of the total amount, fee included, regardless of the notice given. Repeated cancellations by an Owner may give rise to the measures set out in clause 14.

9. Handover, use and return of the item

Unless the listing states otherwise, handover and return take place in person, at the place and time agreed by the parties through the Platform’s messaging channel.

At the time of handover, the Owner must document the condition of the item photographically through the Platform. That documentation will be the principal item of evidence in the event of disagreement about the condition of the goods; its absence may result in a later damage claim being rejected.

The Renter undertakes to put the item to its proper use, to keep it with due care, not to transfer it to third parties or sub-let it, and to return it on the agreed date in the same condition in which it was received, save for deterioration arising from normal use.

Return after the agreed deadline automatically accrues a surcharge equal to the price of one rental day for each full day of delay, up to a maximum of the total amount of the booking. That surcharge is settled against the same means of payment used for the booking at the moment the Owner confirms the return, and is paid to the Owner together with the rest of the amount due to them. Failure to return the item may give rise to whatever civil and criminal actions are appropriate.

10. Borrou Protection Programme: scope and limit

Funded by the fees received, the Platform makes available to the Owner a guarantee programme of its own covering direct damage to, loss of or theft of the item occurring during the rental period, up to a maximum limit of 300 euros per booking, provided the incident is reported as set out in clause 11.

Damage exceeding that limit is not covered by the Platform. An Owner who offers goods of greater value for rent bears the difference and is responsible for taking out, if they see fit, their own insurance cover for renting to third parties. The Platform may raise this limit in future, the one in force on the date of each booking being the applicable one.

The protection programme excludes, in all cases:

• Wear and tear arising from normal use of the item.
• Pre-existing damage, damage not documented photographically at handover, and damage reported outside the period set out in clause 11.
• Loss of profit, indirect damage and losses arising from the unavailability of the item.
• Damage caused by the Owner’s own wilful misconduct or gross negligence, or arising from handing over an item in a defective or unsafe condition.
• Transactions agreed or settled, wholly or partly, outside the Platform.

11. Damage, loss or misuse

An Owner who finds damage, loss or misuse must report it through the Platform before confirming the return and, in any event, within forty-eight (48) hours of the end date of the rental, providing a description of what happened, photographic documentation and a valuation. After that period no claims will be admitted by this route.

Once the incident is reported, the amount corresponding to the Owner is held. The Renter may accept the proposed valuation, in which case it is settled against their means of payment, or reject it, in which case the Platform will review the matter taking into account the photographic documentation from the handover and the statements of both parties, and will decide within the limit set out in clause 10.

The Platform’s involvement in resolving incidents is strictly contractual in nature and does not prevent the parties from bringing whatever court actions are available to them.

12. Role of the Platform and limitation of liability

The Platform acts solely as a provider of an online intermediation service. It does not own the items listed, is not a party to the rental contract concluded between Users, and does not guarantee the quality, safety, legality, authenticity or suitability of the goods listed, nor the truthfulness of the information provided by Users.

The Platform’s liability towards Users is limited, in all cases, to the amounts actually received by way of fees for the booking in question, without prejudice to the protection programme governed by clause 10 and to any liability that cannot be excluded under consumer legislation.

The Platform is not liable for interruptions, errors or unavailability of the service beyond its control, nor for the conduct of Users outside the Platform.

13. Reviews and User content

Users may publish reviews and comments relating to rentals actually carried out. Such content must be truthful, relate to the experience and respect the dignity of the persons involved. The Platform may withdraw content that is defamatory, false, promotional or unrelated to its purpose.

The User retains ownership of the content they publish and grants the Platform a free, non-exclusive licence limited to the scope of the service to host, reproduce and display it in connection with providing and promoting the Platform.

14. Suspension and closure of accounts

The Platform may suspend or close, temporarily or permanently, the account of any User who breaches these conditions, provides false information, makes fraudulent use of the service, circumvents the payment mechanisms or is the subject of repeated and well-founded complaints.

Users may request deletion of their account at any time from their profile. It cannot be deleted while there are bookings in progress. Bookings already settled will be kept dissociated from personal data for the periods required by commercial and tax legislation.

15. Personal data protection

The processing of Users’ personal data is governed by the Privacy Policy, which forms an integral part of these conditions.

16. Amendment of the conditions

The Platform may amend these conditions to adapt them to regulatory, technical or operational changes to the service. Amendments will be published on this page with an indication of their update date and will not have retroactive effect on bookings already made, which will be governed by the conditions in force at the time they were formed.

17. Applicable law, complaints and jurisdiction

These conditions are governed by Spanish law. Any complaint may be addressed to info@borrou.es, and the Platform undertakes to acknowledge receipt and to reply within a reasonable period.

Users who are consumers may turn to the competent consumer bodies and to consumer arbitration systems.

For the resolution of any dispute, the parties submit to the Courts and Tribunals of Santa Cruz de Tenerife, unless consumer legislation mandatorily assigns jurisdiction to those of the consumer’s domicile, in which case the latter prevails.

18. Contact

For any query relating to these conditions: info@borrou.es.