Renta-Turva and Its Scope of Application
1.1 Renta-Turva is a paid additional service, not insurance, that limits the liability of the customer (hereinafter referred to as the “Lessee”) for the equipment and machinery rented from Renta Oy (hereinafter referred to as the “Equipment”) in relation to Renta Oy as specified in these terms (hereinafter referred to as the “Renta-Turva Terms”) and as further defined in the rental agreement for the Equipment.
1.2 These terms contain amendments to the general rental and service delivery terms of the Technical Trade machine rental companies (with Renta Oy’s additions) (hereinafter referred to as the “TK Machine Rental 2016 Terms”), which complement these terms and apply to the rental of the Equipment. In the event of any conflict between these terms and the TK Machine Rental 2016 Terms, these terms shall prevail. To the extent that these terms do not apply, the current TK Machine Rental 2016 Terms shall apply to the rental of the Equipment.
1.3 Renta-Turva applies to the Equipment specifically mentioned in the rental agreement between Renta Oy and the Lessee, for which the Lessee has taken Renta-Turva at the time of rental. Renta-Turva can only be taken for Equipment already rented with the separate approval of Renta Oy and after an inspection of the condition of the Equipment by Renta Oy.
1.4 Renta-Turva is secondary to any insurance the Lessee may have that covers damage to the Equipment. Renta-Turva thus applies only in situations where the Lessee’s insurance does not cover the damage to the Equipment, except for the deductible portion of the Lessee’s insurance.
1.5 Renta Oy may determine that Renta-Turva is mandatory for certain Equipment, in which case the Equipment can only be rented by taking Renta-Turva for the Equipment. Renta Oy also has the right to exclude certain Equipment from Renta-Turva and the right to refuse to grant Renta-Turva to the Lessee.
1.6 Renta-Turva is valid only for Equipment owned by Renta Oy. Renta Oy may sublease Equipment to the Lessee that Renta Oy has rented from a third party. If it becomes apparent before the start of the rental period that the Lessee will be provided with subleased Equipment to which Renta-Turva does not apply, Renta Oy must notify the Lessee immediately, and the Lessee has the right to cancel the rental agreement without any separate compensation.
1.7 Renta-Turva is valid only in Finland and does not apply to situations where the Equipment is transported outside of Finland.
Validity of Renta-Turva
2.1 Renta-Turva comes into effect at the start of the rental period for the Equipment, provided that the Lessee and Renta Oy have entered into a rental agreement for the Equipment in which Renta-Turva and these terms have been agreed to apply.
2.2 Renta-Turva is valid for the rental period of the Equipment covered by Renta-Turva as specified in the rental agreement.
2.3 The validity of Renta-Turva ends prematurely if the Lessee fails to partially or fully fulfill their payment obligations regarding the Equipment or Renta-Turva or transports the Equipment outside of Finland.
2.4 The validity of Renta-Turva requires that the Equipment is returned to the Renta Oy location from which it was rented or to another Renta Oy location specified by Renta Oy.
Scope of Renta-Turva
Limitation of Lessee’s Liability
3.1 The maximum liability of the Lessee for each piece of Equipment covered by Renta-Turva in relation to Renta Oy is defined in the rental agreement between Renta Oy and the Lessee. If the Lessee’s insurance partially covers the damage to the Equipment, the maximum liability of the Lessee in relation to Renta Oy is calculated based on the amount exceeding the insurance compensation.
3.2 The application of this limitation requires that:
- The Lessee’s insurance does not cover the damage (except the deductible);
- The damage was sudden and unforeseeable during the rental period;
- The Equipment was used properly and in accordance with its intended use;
- The damage was not caused by intent or gross negligence;
- The Lessee acted to prevent and minimize the damage;
- The situation is not excluded under Sections 3.4 or 3.5.
3.3 Example situations where Renta-Turva may apply if the conditions in section 3.2 are met include:
- Minor user error by the Lessee;
- The Equipment tipping over during use;
- Damage to the Equipment due to falling;
- The Equipment being crushed by a falling or dropped object;
- Damage to the Equipment during transportation by the Lessee, excluding damage to towed equipment (equipment that can be directly connected to the towing vehicle’s hitch, such as trailers, trailers, lifts (hereinafter referred to as “Towed Equipment”));
- Damage to the Equipment during loading and unloading by the Lessee, excluding the connection or disconnection of Towed Equipment from the towing vehicle;
- Damage or destruction of the Equipment in a fire;
- Damage or destruction of the Equipment due to natural phenomena, such as storms or floods; or
- Unauthorized use, theft, or burglary of the Equipment from a locked space or by breaking into a locked device, provided that (i) a police report is filed immediately for the theft of the Equipment and reported to Renta Oy, (ii) the time and place of the event can be reliably verified, and (iii) the Lessee has followed the Equipment protection instructions specified in section 7.
Specific Exclusions
3.4 Renta-Turva does not cover direct or indirect damages or loss of time related to the Equipment or its use, transportation, or clearing/dismantling, incurred by the Lessee, their personnel, or property, or a third party. Renta-Turva also does not cover direct or indirect damages that are not specifically related to the repair or replacement of the Equipment, including, among other things, the loss of rental income for Renta Oy and the costs related to the clearing/dismantling, transportation, and preparation for transportation of the damaged Equipment.
3.5 In situations not specified in section 3.2 where Renta-Turva applies, the Lessee’s liability is determined according to the TK Machine Rental 2016 Terms. Among other things, the following situations are always excluded from Renta-Turva and are subject to the Lessee’s liability according to the TK Machine Rental 2016 Terms:
- The damage was caused by gross negligence or intentionally, or the damage was caused to the Lessee or a third party;
- The damage is a glass, tire, or track breakage;
- The damage occurred during parking, connecting or disconnecting, or towing Towed Equipment;
- The damage was caused by using or transporting the Equipment contrary to usage, installation, or regulatory instructions, or using or transporting the Equipment under the influence of alcohol, drugs, or performance-impairing medication;
- The damage was caused by unauthorized use, theft, or burglary of the Equipment other than by breaking into a locked space or locked device, or the damage is related to another crime or criminal activity;
- The damage was caused by unauthorized use, theft, or burglary of the Equipment by breaking into a locked space or locked device, and (i) a police report was not filed immediately for the theft of the Equipment and reported to Renta Oy; or (ii) the time and place of the event cannot be reliably verified; or (iii) the Lessee did not follow the Equipment protection instructions specified in section 7;
- The damage was caused to consumables or supplies used in the Equipment, such as fuel and lubricants or other fluids, or by using incorrect fuel or lubricants in the Equipment;
- The Equipment was lost or forgotten, or the loss of the Equipment is discovered only during a periodic inventory;
- The damage was caused by blasting or excavation work, vandalism, or scratching, or as a result of plastering, sandblasting, painting, or other similar significantly dirtying or wearing work; or
- The damage was caused by handling and using significantly dirtying, corrosive, or abrasive substances and materials.
Payment Terms
4.1 The fee and payment terms for Renta-Turva are defined in the rental agreement between Renta Oy and the Lessee. The fee for Renta-Turva and the compensation charged to the Lessee in case of damage will be added to the value-added tax.
4.2 The fees charged for Renta-Turva are non-refundable to the Lessee.
4.3 If the Lessee extends the rental period of the rented Equipment and the Lessee has taken Renta-Turva as part of the original rental period, Renta Oy has the right to automatically charge the additional fee for Renta-Turva for the extended rental period as well.
Lessee’s Obligations in Case of Damage
5.1 If the Equipment is damaged or destroyed, the Lessee must notify Renta Oy immediately. Repairs and restorations related to the damage will always be handled by Renta Oy itself or by a party designated by Renta Oy. This also applies to situations where Renta-Turva does not cover the repair and restoration costs, and the Lessee has full liability.
5.2 In case of damage, Renta Oy will charge the Lessee who has taken Renta-Turva the reduced liability specified in the rental agreement if Renta-Turva applies to the damage. The charge will be made primarily upon the return of the Equipment or within a reasonable time after Renta Oy has detected the damage and assessed the repair costs. If the actual repair costs are less than the reduced liability specified by Renta-Turva, Renta Oy will charge the Lessee only the actual costs.
5.3 In case of damage, the Lessee is obliged to actively and promptly investigate their own insurance coverage and the coverage of their own insurance policies in relation to the Equipment and to notify Renta Oy before the start of the compensation process of any insurance policies of the Lessee that may apply to the damage to the Equipment. If the Lessee has insurance that covers the damage to the Equipment, the Lessee is obliged to first claim all insurance compensation related to the Equipment from their own insurance company and remit it to Renta Oy.
Amendments to Renta-Turva Terms
6.1 Renta Oy has the right to amend the terms of Renta-Turva by notifying the Lessee of the changes within a reasonable time before the changes take effect.
Equipment Protection Guidelines
7.1 The Equipment should primarily be stored in locked indoor spaces within a fenced and locked area, if possible, considering the size of the Equipment and the reasonable measures expected from the Lessee
7.2 If it is not possible to store the Equipment in locked indoor spaces within a fenced and locked area with reasonable measures, the Equipment stored outdoors (both in fenced and locked and unfenced and unlocked areas) must be secured to a strong fixed structure with an approved class 3 padlock and class 3 chain in such a way that the Equipment cannot be removed or moved without using force. Heavy motorized equipment with a lockable cabin does not need to be secured in the manner described above, but the Lessee must ensure that the cabin of such Equipment is properly locked.
7.3 When storing the Equipment indoors, the windows, doors, and other entry points of the indoor spaces must be properly locked.
7.4 If the Equipment is stored in shared indoor spaces where others besides the Lessee have access, the Equipment must also be properly locked separately indoors.
7.5 If the Equipment is stored in an outdoor steel container, the container door must be locked with at least a class 3 padlock and corresponding class 3 padlock fittings intended for container locking, in addition to the standard lock, to prevent the shackle from being cut.
7.6 The key must not be left in motorized Equipment or Towed Equipment, and the cabin of motorized Equipment must be properly locked. The connection of Towed Equipment to the vehicle must be prevented with a suitable lockable device.
7.7 To prevent theft, the keys (including devices and codes equivalent to keys) of the Equipment must be stored carefully and the possibility of theft minimized. The keys of the Equipment must not be stored in a visible place or in an unlocked place where a third party knows or can assume the keys to be. The keys must not be left freely or hidden near the Equipment or in another unlocked space. The keys must not have a name and/or address attached that could reveal the location of the Equipment to the finder.
7.8 The engine of the Equipment must not be left running when leaving the Equipment unattended.