Rental terms

General Rental Terms and Conditions at Tutek Rental

Lessor: SPEC Tomasz Antoniszyn, trading as Tutek Rental, ul. Wejherowska 61/1, 54-239 Wrocław, Poland, NIP (tax ID) 8943177673, REGON 520636669.

Contact: kontakt@tutekrental.pl, +48 451 039 757.

Collection and return: ul. Krzemieniecka 60A, 54-613 Wrocław, following reservation confirmation and agreement on a specific time.

§ 1. Scope and general rules

1. These General Rental Terms and Conditions (the Terms) govern the rental of film, photographic, lighting and audio equipment and accessories (the Equipment). A Customer is a person interested in renting; a Lessee is an individual or business that has entered into an agreement with Tutek Rental. Business days are Monday to Friday, excluding public holidays in Poland.

2. The agreement specifies the parties, Equipment and accessories, actual collection and return times, price and charging method, security deposit and any designated collector. Individually agreed terms take precedence over these Terms.

3. A Consumer is a natural person renting for purposes not directly related to their business or professional activity. Protection against unfair terms and the right of withdrawal also apply, to the extent provided by law, to a natural person entering into a business-related agreement that is not of a professional nature for that person. These persons are referred to below as eligible entrepreneurs. The statutory protection applicable throughout these Terms is set out in § 12(2).

4. The Customer accepts the Terms before submitting the form and receives the same version as a PDF with the email acknowledging receipt of the enquiry. The agreement is governed by the version supplied and agreed before its conclusion; any proposed change must be supplied and accepted beforehand. Updates to the website or Terms do not amend existing agreements; amendments require the parties' agreement in the required form.

§ 2. Enquiries, reservations and Equipment unavailability

1. Enquiries and reservations must be submitted exclusively through the form available around the clock at tutekrental.pl, providing contact details, Equipment and dates, and, for businesses, business details and tax ID. Telephone and email are used for arrangements and handling the agreement, including breakdowns, complaints and withdrawal. The minimum order value is PLN 50 including VAT.

2. The catalogue and quotations are invitations to discuss rental arrangements. An enquiry, acceptance of the Terms, automatic acknowledgement or reservation confirmation does not constitute a rental agreement or a preliminary agreement, or oblige either party to conclude one. Reservations are provisional and do not guarantee Equipment availability. Before an agreement is concluded, either party may cancel without charge, promptly notifying the other. This does not exclude liability for misleading or dishonest conduct.

3. Tutek Rental promptly notifies the Customer of unavailability and, where possible, proposes substitute Equipment. Changes to Equipment or price require the Customer's express consent. Once an agreement has been concluded, paragraphs 4-8 also apply.

4. If the agreement was concluded before handover, Tutek Rental may withdraw from the part concerning Equipment that cannot be handed over in working order on time, despite Tutek Rental exercising due care, because of an unforeseen breakdown, damage or failure by a previous lessee to return it, arising or discovered after the agreement was concluded. This does not permit arbitrary cancellation or cancellation in favour of a more advantageous booking.

5. This right expires at the specific collection date and time stated in the agreement as the withdrawal deadline, or on handover if earlier. By that deadline, a withdrawal notice stating the reason and identifying the Equipment must reach the Lessee's agreed email address in a way that enables the Lessee to read it.

6. The Lessee is not obliged to accept a substitute. Acceptance of a substitute that allows the agreement to be performed precludes withdrawal on the grounds that the substituted Equipment is unavailable. If the missing Equipment prevents achievement of the agreed purpose of the entire rental, the Lessee may also withdraw from the remainder of the agreement by email before the remaining Equipment is handed over.

7. All payments, including the security deposit, relating to the part covered by withdrawal are refunded without a cancellation charge, promptly and no later than 3 business days after the withdrawal notice is received or effectively given. The refund uses the same payment method or another method accepted by the Lessee at no additional cost.

8. Withdrawal does not exclude Tutek Rental's statutory liability; a breakdown or failure by a previous lessee to return Equipment does not in itself release Tutek Rental from liability.

§ 3. Restrictions on future rentals

1. Tutek Rental may restrict future rentals or refuse a new agreement because of failure to attend combined with failure to respond to contact attempts, repeated last-minute cancellations significantly disrupting operations, or serious breaches of a previous agreement. Staff individually assess verified information and the Customer's explanations. A restriction is not a monetary penalty or an amendment to existing agreements.

2. A single notified cancellation does not automatically result in refusal. Complaints, enforcement of rights, lawful withdrawal or discriminatory criteria cannot be grounds for refusal. The Customer may request an explanation, correction of information and reassessment by email.

§ 4. Price and security deposit

1. Before entering into the agreement, the Customer receives the full price including VAT and information about VAT, discounts and additional costs. Charges apply for each commenced 24-hour period unless more favourable terms are agreed. Rent is payable in advance, no later than conclusion of the agreement, unless otherwise agreed.

2. Subject to availability, free collection and return allowances may be agreed: collection from 20:00 on the day before the paid rental period and return by 09:00 on the day after that period. The calculation and agreement specify the dates, times and chargeable days. Late collection for reasons attributable to the Lessee does not postpone return; an extension requires Tutek Rental's consent and an agreed price.

3. The Lessee has custody of the Equipment from actual collection until return, including during the free collection and return allowances. A later inspection or diagnostic assessment does not extend custody or in itself prove that damage occurred during the rental.

4. The security deposit is agreed before conclusion of the agreement and normally amounts to 15-40% of the declared replacement value. Tutek Rental may reduce or waive it following an individual assessment of previous cooperation and voluntarily supplied professional information, such as a portfolio, work samples, a referee or rental history. This does not guarantee a waiver. The assessment outcome and deposit amount are communicated before signature.

5. The deposit is payable no later than collection, in cash, by BLIK or another agreed method. It is not a purchase price, a limit on liability or a charge for normal wear and tear.

6. A full inspection normally takes place within 2 business days of return. The portion of the deposit not subject to justified claims is refunded promptly, no later than 3 business days after return of the Equipment.

7. Tutek Rental promptly describes any damage or missing items, providing available evidence and a preliminary calculation. Only an amount reasonably corresponding to the anticipated justified claim may be retained. Within 14 days of return, Tutek Rental provides a settlement or explains why an expert assessment is pending and when it is expected. The justification for retention is reviewed at least every 14 days; any balance is refunded within 3 business days after the settlement is determined. Set-off requires a claim due for payment and compliance with legal requirements; the Lessee may dispute the charge.

§ 5. Concluding the agreement and verification

1. The agreement is concluded by the Lessee or an authorised business representative. On the premises, both parties sign and the Lessee receives a paper copy. Paragraph 8 applies to agreements concluded remotely.

2. The Lessee or representative normally presents a valid identity card or mDowód verified by the official method; a foreign national presents a passport or Polish residence card. A photograph or screenshot does not replace verification. Justified doubts about identity, authenticity or consistency of details may warrant a request for a second, separate, valid photo document, including from foreign nationals, such as a passport, residence card or driving licence. Verification must be proportionate to the doubts; an equivalent way of resolving them may be agreed.

3. Only the type and number of one identity document and the fact of verification are recorded. Documents are not retained, copied or scanned; the number of a second document is not recorded.

4. Where justified, proof of address may be required in the form of a document issued within the previous 3 months, such as a bill or a letter from a housing association. It is inspected only, without copying; unnecessary information may be covered. Material verification requirements are communicated before the agreement is concluded and before the scheduled collection.

5. A collector or returner may be designated in the agreement, form or a message through the agreed channel; changes require the Lessee's confirmation. A person acting solely as collector presents one valid photo identification document for comparison with the authorisation.

6. Authority to collect covers inspection and acknowledgement of handover, but not conclusion or amendment of the agreement. The agreement must be concluded beforehand or the collector must be appropriately authorised.

7. Before concluding an agreement, Tutek Rental assesses identity, address, authority to act, document authenticity, consistency of details, documented rental history, Equipment value and security arrangements. If, despite an opportunity to provide explanations or agree security, reliable verification remains impossible or a significant and justified risk of non-performance remains, Tutek Rental may refuse a new agreement. This does not permit arbitrary cancellation of an existing agreement.

8. Tutek Rental emails the agreement document as a PDF for signature. Conclusion of the agreement requires Tutek Rental's final confirmation after receipt and verification of the signed document. The Lessee or representative returns the original PDF bearing a qualified electronic signature, not a scan. After checking the signature and authority to act, Tutek Rental sends express acceptance with the same signed PDF. The agreement is concluded when the email reaches the Lessee in a way that enables them to read it; Tutek Rental's qualified electronic signature is not required. A Polish trusted signature does not replace a qualified signature. A provider of the signatory's choice may be used, including the mObywatel service subject to the provider's current terms: podpis.mobywatel.gov.pl.

§ 6. Handover, use and return

1. The Equipment is handed over in working order, complete and in accordance with the agreement. The parties check its condition and accessories and record any identified missing items, damage and identification numbers in the agreement or handover record; photographs may be taken. Acceptance without reservations does not preclude reporting latent defects or exercising statutory rights.

2. The Lessee protects the Equipment against theft, loss, falls, liquid damage and unsuitable conditions and ensures safe transport, packaging and storage. It must be used for its intended purpose, in accordance with instructions, required authorisations and safety rules, by persons with the necessary knowledge and skills. Anyone unfamiliar with its operation must read the manufacturer's instructions before use.

3. The Lessee's crew uses the Equipment under the Lessee's supervision and responsibility. Transfer to an independent entity, subletting or lending outside the Lessee's production requires Tutek Rental's prior consent, at least by email. Repairs, modifications and interference with safeguards are prohibited without consent.

4. The Lessee or an authorised person returns the Equipment to authorised staff at the agreed place and time, complete with accessories and packaging, without deterioration beyond normal wear and tear from proper use.

5. In the event of accidental damage to the Equipment or digital media (e.g. memory cards or drives) during the Rental Agreement, the Lessor is not liable for material lost by the Lessee (e.g. video, audio or photographic material) stored on those media, or for any indirect or direct losses (e.g. loss of profits or recovery costs) arising from such data loss. The Lessee acknowledges that backing up data is solely their responsibility.

6. The Lessor is not liable for any electronic data (including personal, confidential or business data) left by the Lessee on storage media (e.g. memory cards or built-in hard drives) in returned Equipment. The Lessee is solely responsible for permanently deleting all their data before returning the Equipment. The Lessor reserves the right to format storage media in returned Equipment without any obligation to archive or return the Lessee's data.

§ 7. Breakdowns and complaints

1. Any breakdown, damage or missing item must be reported promptly upon discovery by email or telephone. Telephone reports must be promptly confirmed by email, describing the incident, Equipment and symptoms. Use must cease if continued use risks further damage or danger, and further action must be agreed.

2. Tutek Rental does not guarantee the availability of substitute Equipment or its delivery to the place of use unless the parties have agreed such a service. In the event of a breakdown, it may offer a substitute where possible. Acceptance of the substitute and the method and time of handover must be agreed with the Lessee.

3. If the breakdown arises from causes for which the Lessee is responsible, the Lessee bears the reasonable transport costs associated with remedying it. Any charge for providing or delivering a substitute requires prior agreement on the price with the Lessee. In other cases, costs are allocated according to the cause of the breakdown and the parties' respective liability.

4. The Lessee is advised to plan contingency measures for a breakdown, in particular to arrange backup equipment if an interruption could jeopardise the production.

5. A defect for which the Lessee is not responsible entitles the Lessee to a rent reduction or termination under statutory rules; it does not justify charging full rent for a period when use is impossible. Late reporting does not automatically extinguish rights, but a culpable failure to report or continued unsafe use may justify a claim for a proven increase in damage.

6. Complaints may be submitted by email or in writing to the business address. It is helpful to provide the order number, a description and the requested remedy; neither a form nor photographs are mandatory. A response is provided within 14 days of receipt, on paper or another durable medium. The statutory consequences of failure to respond apply to consumer complaints and are not extended to other Customers.

7. An expert assessment does not finally determine a dispute. The Lessee receives the reasons for a charge and may submit evidence and challenge the findings.

§ 8. Damage and insurance

1. The Lessee is liable, in accordance with the law, for breaches of the agreement, damage arising from causes for which the Lessee is responsible, and persons entrusted with the Lessee's obligations. Theft does not automatically release the Lessee from liability, particularly where security was inadequate or the agreement was breached; neither reporting the matter to the police nor the perpetrator's liability replaces the Lessee's liability. Normal wear and tear, latent defects and events for which the Lessee is not responsible are excluded.

2. Theft or an incident requiring intervention must be reported promptly to the appropriate authorities and Tutek Rental. The Lessee must provide any available confirmation and cooperate in recovering the Equipment and clarifying the circumstances.

3. The replacement value including VAT of each item is agreed before the agreement is concluded and stated in it. It forms the basis of the settlement under paragraph 5, rather than a purchase price or a valuation binding on an insurer.

4. The cause and extent of damage and the feasibility and cost of repair may be determined by an authorised service centre or, where this is impossible or unjustified, a qualified repair service or independent expert. A Lessee responsible for the damage bears the reasonable costs of diagnostics and restoring the previous condition in accordance with that assessment. Tutek Rental bears the costs of defects for which the Lessee is not responsible.

5. For loss, destruction or damage making repair impossible for which the Lessee is responsible, the Lessee must pay the full replacement value including VAT stated in the agreement. The impossibility of repair must be confirmed by a repair service or expert. Where repair is technically possible but economically unjustified, the basis is the current, reasonable cost of equivalent Equipment, taking into account its condition and wear before the damage. The settlement accounts for recovered Equipment, salvage value and any adjustment for deductible VAT required by law.

6. Where damage for which the Lessee is responsible requires repair and prevents further rental, Tutek Rental may, in addition to diagnostic and repair costs, charge a contractual downtime penalty of up to 20% of the catalogue daily rental rate including VAT for each day the Equipment is unavailable. The period runs from the scheduled return or the earlier actual return of the damaged Equipment until repair is completed, covering only the documented time objectively necessary for diagnostics and repair and excluding delays attributable to Tutek Rental. The rate is determined under § 9(3).

7. Tutek Rental documents and mitigates its losses. The same loss is not recovered twice, including by combining replacement arrangements with lost profits already covered by those arrangements or disregarding compensation already paid. Following an insurance payment, the Lessee bears only the remaining loss for which they are liable, without prejudice to the insurer's statutory rights.

8. The Equipment has no insurance provided by Tutek Rental, and rent does not include insurance. The Lessee is advised to take out voluntary insurance at their own expense from actual collection until return, covering transport, storage and use. The Lessee should confirm cover for hired equipment owned by another party, its intended use and the risks of damage, destruction and theft.

9. At the Lessee's request, Tutek Rental may prepare an Equipment list and replacement valuation for an insurer and provide an insurance intermediary's contact details. This does not guarantee cover, conclusion of an insurance contract or the insurer's acceptance of the value. Absence of a policy, refusal to pay or an incomplete payout does not release the Lessee from liability.

§ 9. Late return and additional costs

1. Any risk of late return and the expected return time must be reported promptly. An extension requires Tutek Rental's express consent and an agreed price; notification alone neither extends the agreement nor releases the Lessee from a penalty. No late-return penalty applies to an accepted extension period.

2. For a delay attributable to the Lessee, Tutek Rental may charge a penalty of up to 150% of the catalogue daily rate including VAT for the unreturned Equipment for each commenced 24-hour period. These are successive 24-hour periods from the agreed actual return deadline, including any collection and return allowances. The penalty does not constitute consent to retain the Equipment.

3. Penalties and the charge under paragraph 4 are based on the catalogue daily rate including VAT for the relevant Equipment, without discounts, stated in the agreement before its conclusion and unaffected by later price-list changes. A penalty, additional rent and the charge under paragraph 4 are not combined for the same Equipment and period of delay. Tutek Rental may claim proven losses exceeding the penalty; the statutory right to request a reduction of the penalty is preserved.

4. No penalty under paragraph 2 applies to a delay arising from causes for which the Lessee is not responsible. For Equipment remaining at the Lessee's disposal, Tutek Rental may charge up to 100% of the catalogue daily rental rate including VAT for each commenced 24-hour period of delay. It must justify the amount by reference to the duration, the possibility of using the Equipment and the reasons preventing return. The charge excludes delays caused by Tutek Rental and any circumstances excluded by law or § 10(4).

5. Cleaning beyond normal traces of use is charged at a reasonable external cost or at Tutek Rental's own rate accepted before the agreement; missing accessories are assessed as loss under § 8. Late payment may attract the applicable statutory interest, without a contractual penalty solely for non-payment.

§ 10. Termination and force majeure

1. Tutek Rental may terminate the agreement in cases provided by law or in the event of a material breach, particularly dangerous use, unauthorised subletting or interference risking damage. Where the law requires a prior warning or an additional deadline, Tutek Rental takes those steps before terminating the agreement.

2. Following termination, the Lessee promptly returns the Equipment in an agreed, safe manner. If Tutek Rental terminates for reasons attributable to the Lessee, the Lessee bears the reasonable return costs. Tutek Rental may claim the full agreed rent as rent due up to termination and compensation for the remaining period, reduced by savings and revenue from renting the same Equipment again during that period. Previous payments are credited and the duty to mitigate loss under § 8(7) applies. Separate losses and penalties due may also be claimed.

3. Force majeure is an extraordinary external event whose effects cannot be avoided despite the required care. The affected party informs the other promptly when possible and mitigates the effects. Late notification does not automatically remove protection but may justify a claim for additional loss caused by a culpable failure to provide information.

4. Liability, payment and termination are assessed according to the event's actual impact and the laws governing rental and impossibility of performance. Payments not due for unperformed obligations must be refunded. A change in the Lessee's plans does not in itself mean that use is impossible.

§ 11. Consumer withdrawal and disputes

1. For an agreement concluded at a distance or off-premises, a Consumer or eligible entrepreneur generally has 14 days from conclusion to withdraw, subject to statutory exceptions and special time limits. Specifying rental dates for film Equipment does not in itself exclude this right.

2. An unambiguous statement identifying the agreement, sent to the business email or postal address, is sufficient; no particular form is mandatory. Before concluding such an agreement, the Customer receives full withdrawal instructions and the statutory model withdrawal form on a durable medium.

3. Starting the service before the withdrawal period expires requires the Customer's express request and the required information, recorded as required by law; acceptance of these Terms alone is insufficient. On withdrawal, payment for the part performed is proportionate and due only if the statutory conditions have been met. Loss of the right after full performance requires prior express consent and acknowledgement of this consequence. Handover of the Equipment alone does not constitute full performance of the rental.

4. Payments are refunded within the statutory period, generally within 14 days of receipt of the withdrawal statement, using the same payment method or another method expressly accepted at no additional cost. The Equipment must be returned in accordance with the law and withdrawal instructions; withdrawal does not permit its unjustified retention.

5. A Consumer may seek assistance from a consumer ombudsman and authorised alternative dispute resolution bodies, including the Polish Trade Inspection; information is available at polubowne.uokik.gov.pl. If a complaint remains unresolved, Tutek Rental supplies the legally required information about the competent body and whether it agrees or refuses to participate, on a durable medium. Court proceedings remain available.

§ 12. Personal data and application of the Terms

1. The data controller is SPEC Tomasz Antoniszyn. Necessary data are used to handle enquiries and agreements, fulfil legal obligations and pursue legitimate interests in protecting property and legal claims. The legal bases, retention periods and individuals' rights are set out in the Privacy Policy and the information provided when data are collected, including for records outside the application. Acceptance of these Terms is neither consent to unrestricted processing nor a substitute for the required information.

2. These Terms and individual arrangements are subject to mandatory law, including protection of Consumers and eligible entrepreneurs and limits on liability and compensation. Polish law applies without depriving a Consumer of the protection of provisions applicable in the absence of that choice; court jurisdiction is determined by law. Invalid or unfair provisions are not binding to the extent provided by law and are not automatically replaced by similar provisions. The rest of the agreement remains in effect if it can continue to exist.