GENERAL TERMS OF SERVICE
1.1 Parties and Agreement
These general terms of service are applied between Furent Oy (business identification code 2324534-2) (hereinafter “Furent”) and the renter specified in the rental agreement (hereinafter “Customer”) (hereinafter both together “Parties”) in the agreement concerning rental of furniture and possible extra services.
The written service agreement entered into between the Customer and Furent (hereinafter, “Service Agreement”) and these general terms of service comprise an inseparable agreement between the Parties (hereinafter “Agreement”). Should there be any incoherence between these terms of service and the Service Agreement, priority will be given to the terms in the Service Agreement. Exceptions to these general terms of service between the Parties can be made in the Service Agreement.
1.2 Object of the Agreement
The Customer rents furniture or orders services from Furent. The rented furniture or the services ordered will be separately specified in writing for each service and agreed upon between the Parties in the Service Agreement.
For the purposes of this contract furniture shall mean all pieces of furniture, crockery, household appliances and all other movables in an apartment (hereinafter “Furniture”), which has been specified in the Service Agreement.
For the purposes of this Agreement, the user shall be either the Customer, or a natural person otherwise specified in the Service Agreement, who has the right to use the furniture governed by Furent and the services ordered by the Customer in accordance with the Agreement (hereinafter “User”).
1.4 Responsibility for upholding the contractual obligations
The Customer is responsible for making sure that the User is aware of all of the terms and obligations concerning the use of Furniture and that the User complies with the terms and conditions under this Agreement while using the Furniture. For the sake of clarity, it is stated that the Customer shall always be ultimately responsible for the fulfilment of all contractual obligations under this agreement.
2. TERMS OF RENTAL
The Customer undertakes to order the Furniture specified in the Service Agreement by signing the Service Agreement. Furent has the right to request a reservation or advance payment when the reservation is made (see section 3.2).
2.2 Cancelling the reservation
The Customer has the right to cancel the reservation any time before the rental period has started in accordance with the terms of cancellation specified in this section. If the Customer cancels the reservation, the Customer is obliged to pay Furent a compensation determined in the following table:
Terms of cancellation
30 days before the start of rental period
14 days before the start of the rental period
14days – 48 hours before the start of the rental period
48–0 hours beore the start of the rental period
1 x charge for the notice period
Fixed term agreement
For the sake of clarity, it is mentioned that the terms of cancellation set out in this section are not applicable to Furniture or other services for which the terms of cancellation have been specifically limited in the Service Agreement. If the Customer cancels his/her reservation for such Furniture or other services under special limitations, Furent has the right to charge the full amount of the reservation from the Customer. If a fixed term contract is cancelled during the rental period, the Customer must pay 85% of the charges for the remaining period.
The cancellation fee is not subject to VAT.
2.3 Rental period
The rental period starts at 16.00 on the date specified in the Service Agreement unless otherwise specifically agreed between the Parties. The reserved Furniture is available to the User at the latest by 17.00 on the first day of the rental period, unless otherwise agreed between the Parties.
In case of a fixed term Agreement, the rental period will end on the last date of the agreed term, unless the Customer terminates the contract before the end of the term through a notice of termination or unless the Parties have agreed otherwise. In case of an indefinite Agreement the rental period will end on the last day of the term of notice, unless otherwise agreed by the Parties.
The Customer must arrange Furent the access to the Furniture on the last day of the rental period latest by 11.00, unless the collection of the Furniture has been agreed otherwise in writing.
2.4 Amending the rental period or the order
If the Customer wishes to amend the rental period during a fixed term rental period or make amendments to the rented Furniture partly or fully, Furent will try to adapt to these wishes but does not have an obligation to accept the new rental period or to provide additional furniture.
Additional orders and other requests of change shall be delivered to Furent in writing to the address specified in section 7.3 below 14 days prior to the requested change.
2.5 Customer service notifications
During the Rental Agreement Furent may send to the Customer and the User e-mail or SMS notifications in the purpose of customer service that, for example serve as reminders for contractual deadlines. The Customer has the right to prohibit Furent from sending such notifications by contacting Furent’s customer service.
3.1 Responsibility for paying the service charges
The Customer is responsible for paying the rent and other fees applicable on the due date in accordance with the payment terms specified in the Service Agreement. If the User or a third party has been appointed as being responsible for the payments but these payments are not paid in full, Furent has the right to collect the missing payments in their full amounts from the Customer. For the sake of clarity, it is stated that the Customer is ultimately responsible for all payments payable under this Agreement.
The minimum charge from the start of the rental period is always 30 days even if the Agreement has been terminated sooner.
3.2 Security deposit
When the reservation is made, Furent may charge a reservation fee (see section 2.1), which also functions as the Customer’s security deposit. The amount of the deposit is agreed separately between the Parties in writing. No interest is paid on the deposit. The deposit is returned in full once all the contractual obligations under the Agreement have been performed by the Customer, i.e. payment obligations have been fulfilled and possible damage fully compensated.
Furent has the right to set off the security either in part or in full for the performance of the Customer’s payment obligations, for covering the reparation costs of damaged Furniture, potential cleaning and/or clerical expenses or any other costs and expenses occurred to Furent through any violation of this Agreement caused by either the Customer or the User.
3.3 Late payments
Furent has the right to collect a penalty interest of 16 % for late payments, however if the Customer is a consumer, the penalty interest shall be calculated in accordance with the Finnish Interest Act, starting from the due date. In addition to the above, Furent also has the right to collect a handling fee of EUR 5 for sending a late payment reminder and other reasonable expenses caused by the collection of late payments.
Furent will first deduct the penalty interest and other expenses from the contributions paid by the Customer; thus, the amount occurred from rentals and the other agreed services will not be paid until the expenses have been paid. In case of non-performance of the penalty interest by the Customer, the amount of the penalty interest shall be deducted from the security deposit. If, despite reminders, the Customer has not paid due payments, other payments that are not yet due under the rental agreement will also fall due for payment immediately.
3.4 Changes in prices
Furent has the right to raise the price of the rental services and other services provided by Furent based on the following grounds:
a. Regulatory changes and official decisions affecting the price of the e services; b. General change in expenses.
The Customer will be informed of these changes in writing at least 30 days before the change in price becomes valid. The new prices will become effective from the first day of the calendar month following the notification. Unless proven otherwise, the Customer is considered to have been informed seven (7) days from the date that the notification was sent from Furent.
4. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
4.1 The use of Furniture
The Customer and the User have the right to use the Furniture for normal living. The Furniture may only be used for customary purposes for which they are intended. The Furniture or the right to use the Furniture cannot be transferred or assigned to a third party or moved out of the apartment unless agreed separately with Furent in writing.
The Customer and/or the User must treat the Furniture with due care and in accordance with the instructions provided by Furent. Use of fragrances which may expose the Furniture to detrimental odours, and smoking are forbidden in the same facilities with the Furniture.
The Customer or User does not have a right to make any changes or maintenance for the rented Furniture without a prior written permission from Furent.
If the Customer or the User has seriously or repeatedly violated their obligations regarding the use of the Furniture specified herein, Furent considers the contract breached (see section 6.3) and has the right to cancel the contract with immediate effect and remove the furniture from the Customer’s possession immediately. In such a case, the Customer or the User does not have the right to request a refund, replacement of the Furniture, compensation or discount from the agreed price.
4.2 Inspection upon receival
The Customer or, if the Furniture is delivered to the User, the User is obliged to inspect the Furniture immediately upon receiving them to his or her disposal. The Customer or User must inform Furent within 24 hours from the delivery of the Furniture of any defects or deficiencies he or she has found in the inspection. The Customer agrees to rent the Furniture as they are after the inspection.
Furent is not under any obligation to compensate the Customer for such defects and deficiencies in the Furniture which the Customer or User should have found in the inspection upon receival or which he or she can otherwise be perceived to have accepted.
4.3 Notice of defect
The Customer may invoke to a defect or deficiency in the Furniture only if he or she has made a notice of defect without delay after noticing the defect or deficiency has been, or after he or she should have noticed the defect or deficiency. The notice of defect must be sent in writing to the address specified in section 7.3 and include a description of the defect or deficiency.
If the notice of defect made by the Customer or User proves to be unfounded, Furent has a right to reasonable compensation for the work and expenses that the unfound notice of defect has caused to Furent.
4.4 Compensation for damages
The Customer is obliged to compensate Furent in full for any damage or deficiency to the Furniture caused by the Customer or the User or by a third person staying at the facilities where the Furniture is held, whether on purpose, through negligence or through other careless action.
Lost property and expenses for cleaning Furniture that have become unconventionally dirty must be compensated by the Customer. In addition, the Customer is held liable for any damages caused by animals. Normal wear and tear to the Furniture are not considered as a damage or deficiency.
The Customer is discharged from liability if Furent receives full compensation by the party causing damage.
4.5 Notification of damage
The Customer must inform Furent without undue delay of any damage or deficiency fallen upon the furniture. The Customer and User are must limit and minimize the damages to the best of their abilities. If immediate repairs are required to stop the damage from expanding, the notification must be given to Furent immediately. A Customer who neglects his or her obligation to give a notification of damage is liable for the damage caused by his or her negligence.
4.6 Billing for repair expenses for which the Customer is liable
The Customer agrees that expenses for repairs and maintenance falling under the liability of the Customer are charged using the billing information provided to Furent by the Customer. Thus the terms and conditions set out above in sections 3.1, 3.2 and 3.3 will become effective.
4.7 Customer’s right to compensation
If the delivery of the Furniture is delayed or the quality of the Furniture is in a verifiable way lowered significantly due to a defect accountable on Furent, and the defect or delay is not repaired in reasonable time, the Customer is entitled to a compensation of the loss in value or at most to a refund amounting to the full amount paid by the Customer to Furent.
The Customer is not entitled to receive compensation under this section if Furent can prove that the defect or delay was caused by an event of force majeure as set forth in the section 5.4 or official requests and prohibitions set forth in section 5.5.
5. FURENT’S OBLIGATIONS AND LIABILITY
5.1 Furent’s obligations
Furent is obligated to ensure that the reserved Furniture is available to the Customer or the User as from the date agreed in the Service Agreement. Furent shall deliver the Furniture to the Customer in a due working order, inspected and maintained, unless otherwise agreed between the Parties.
5.2 Remedy of the defect
If the Customer or User notices any defects or deficiencies in the Furniture during the inspection upon receival that deviate from their agreed condition, Furent is shall maintain or replace the defect items without undue delay.
If, during the rental period, defects are found in the Furniture that are not caused by any actions falling under the liability of the Customer, Furent shall maintain the Furniture and cover all expenses caused by the maintenance, transportation as well as other reasonable immediate expenses.
5.3 Furent’s liability
Furent is liable for the normal wear and tear and maintenance of the furniture related thereto, the general and customary expenses related to the functionality of the provided services.
Furent is not liable for any indirect or consequential damages caused by the use or handling of the Furniture in an uncustomary manner or in a manner that is against the instructions related to the use of the Furniture. Furent is further not liable for any malfunction, negligence of the Customer or the User, any transportation carried out by or on behalf of the Customer, User or third party or any other damages to the Furniture that have occurred during the rental period and do not fall under the liability of Furent under sections 5.1 or 5.2 above.
Furent’s liability is limited solely to the provision of the agreed services and to the functionality of the said services. Furent shall not be held liable for and shall not be obliged to compensate to the Customer, User or a third party any personal or financial loss caused by defect in the Furniture (excluding the maintenance costs referred to in section 5.2) For the sake of clarity, it is stated that Furent is not liable for any fire or water damage caused to the facilities of the Customer of a third party by the Furniture. For product damages the liable party is the manufacturer, importer or other distributor of the product in accordance with the applicable Product Liability Act in force from time to time.
Furent is not liable for any personal belongings the Customer or the User has left in the facilities where the Furniture is held or the cost of their disposal after the end of the rental period. Furent is not liable for any claims of a third party arisen from the delay in retrieving the Furniture from the facility of use of the Furniture if the delay has been caused by the Customer’s misperformance connected to the sending of a due notice of termination.
5.4 Force majeure
If the fulfilment of the Agreement is prevented or becomes unreasonably strenuous due to an event of force majeure, both Parties shall be freed from their obligations under the Agreement to the extent the force majeure is preventing the performance of such obligations. Events of force majeure may include but are not limited to, water damage, accident, fire, strike, natural disaster, interruption in energy distribution, power outage, water and sewer problems, heating problems, interruptions in internet connections, problems with machinery, adverse delivery- or weather conditions, erroneous or delayed deliveries from suppliers and third party maintenance repair and other work. An event of force majeure affecting one of Furent’s partners is also considered a basis for discharging Furent from liability. The party that wishes to invoke an event of force majeure must inform the other party without delay the basis and expiration of the said event of force majeure.
If Furent is unable to deliver the Furniture to the Customer due to an event of force majeure described in this section, Furent has the right to unilaterally cancel the reservation made by the Customer. Furent shall inform the Customer of such cancellation as soon as possible
and return without delay all payments received from the Customer. The cancellation is binding once it has been informed to the Customer in writing (letter, email) or on the telephone (see exception related to official prohibition, section 5.5).
5.5 Official requests and prohibitions
If Furent is inhibited from delivering the Furniture to the Customer or User or otherwise inhibited from performing its obligations under the Agreement due to an express request or prohibition by an official authority, Furent is entitled to charge the Customer a reasonable cancellation fee in the sum of at least EUR 250 to cover administrative costs.
6. VALIDITY AND TERM OF THE AGREEMENT
6.1 Validity of the Agreement
The Agreement becomes valid once it has been signed by both Parties.
The Agreement is valid indefinitely or for a fixed period of time as agreed separately in the Service Agreement.
The Agreement ends once all contractual obligations under the Agreement have been duly performed.
6.2 Termination of the Agreement
The Customer has the right to terminate the Agreement by adhering to the notice period specified in the Service Agreement. If the Customer terminates the Agreement agreed for a fixed term, the Customer is obliged to pay 80% of the remaining payment for the fixed term. When terminating the Agreement agreed for an indefinite term, the Customer is obliged to pay the fee specified in the Service Agreement until the end of the notice period.
Furent has the right to terminate the Agreement agreed for an indefinite term by adhering to a 3-month notice period. If Furent terminates the Agreement, Furent is shall deliver a written notice of termination to the address specified by the Customer. In its notice of termination Furent shall specify the grounds of termination.
6.3 Furent’s right of cancellation
Furent has the right to cancel the Agreement if it becomes apparent that the Customer or the User has materially violated the Agreement during the rental period. The Agreement will end with an immediate effect after the notice of the cancellation has been given to the Customer, or later in the case when Furent has expressed a later date. After cancellation, the Service Agreement shall maintain its significance as the basis for calculating the compensation. .
Furent has the right to cancel the Agreement immediately based on, including but not limited to, the following reasons:
- Unpaid payments from the Customer
- The Customer or a third party committed to pay the payments under this Agreement is declared bankrupt, or is otherwise found unable to fulfil its contractual obligations, or the Customer’s or third party’s financial status has materially weakened, unless the Customer pays an advance payment or additional security as determined by Furent. No interest is paid on the advance payment or the additional security.
- Assigning a right or obligation under this Agreement or transferring the Furniture or a part of the Furniture to a third party without Furent’s permission in writing.
- Damaging of the Furniture intentionally or through gross negligence.
6.4 Customer’s right of cancellation
The Customer has the right to cancel the Agreement if Furent has failed to correct a mistake or delay within reasonable time, and the violation is material. A separate written agreement will be prepared for the cancellation, defining the terms and practical steps of the cancellation.
7. OTHER CONDITIONS
7.1 Assigning the rights or obligations
The Customer has no right to assign any rights or obligations under this Agreement to a third party without the express written permission from Furent.
Furent has the right to unilaterally amend these general terms of service and the qualities of the provided service in a way that is not detrimental to the Customer. Changes in prices are governed by section 3.4 of these terms of service.
Furent has the right to amend the terms and conditions of the Agreement agreed for an indefinite term detrimentally to the Customer only if there have been material changes to the prevailing conditions since the contract period started. Such material change might be a change in legislation or a decision by officials that Furent could not have been expected to take into account when entering into the Agreement. After receiving the information for a detrimental change in the terms and conditions of the Agreement, the Customer has the right within a period of 30 days to terminate the Agreement with immediate effect.
7.3 Customer service and notifications
All notifications and notices mentioned in this Agreement should be delivered in writing by mail or email to the following address:
Albertinkatu 46, 00180 Helsinki
Advice, guidance and additional information regarding the service can be get by phone +358 (0)44 238 8500.
7.4 invalidity or nullity of this agreement
If a part of this Agreement is or becomes invalid or void due to changes in legislation, official regulations, court decision or other reasons, the Agreement remains valid in its other parts.
7.5 Applicable law and settling of disputes
Finnish law shall govern the interpretation of this Agreement without regard to its provisions of private international law or conflict of laws.
Any disputes between the Parties will be primarily be settled amicably. If an amicable settlement between the Parties cannot be reached all disputes arising from the terms of this Agreement or from complying with this Agreement shall be settled in the District Court of Helsinki or in the district court of the consumer Customer’s domicile. Customer who is considered as consumer may also refer the matter to the Consumer Complaints Board.
7.6 Prevailing language
These general terms of service have been originally composed in Finnish language. For legal purposes the text in Finn- ish language version is to be given priority of interpretation.