General Terms and Conditions Event Rent GmbH
1.1 The offers of the Lessor are subject to change without notice; the right of interim rental is reserved.
1.2 For all transactions, the terms and conditions of the Lessor apply exclusively. When placing an order, these shall be deemed accepted.
1.3 All rental contracts with the Lessor shall be concluded exclusively on the basis of the following General Terms and Conditions. They shall also apply to future rental contracts between the contracting parties, even if they are not expressly agreed again. Orders outside of pure rental contracts shall be treated as contracts for work and services within the legal framework.
1.4 The Lessor shall be obliged to deliver ordered rental goods of average type and quality.
The Lessor shall be entitled to replace ordered rental goods with equivalent or better rental goods if it is - for whatever reason - not in a position to deliver the ordered rental goods.
1.5 All information about the rental goods, whether in brochures. Directories or documents of any kind, are - insofar as they concern technical performance, operating characteristics or usability - non-binding, unless the individual details have been confirmed in writing by the Lessor.
2. Rental periods / rental pricing / payment terms / credit
2.1 The valid rental prices are derived from the respective current price list. The prices do not include costs for transport, installation, assembly, disassembly, cleaning, waste disposal or other services that go beyond the mere provision of the rental items.
2.2 The rental prices of the rental price list apply, unless otherwise contractually agreed, for three days including delivery and delivery day. For rental period extensions, correspondingly adjusted rental period factors are used as a basis in the calculation.
2.3 As a rule, advance payment, strictly net, is agreed.
Special arrangements are described in writing in the offer or order.
2.4. Resulting credits are not paid out and must be offset against future open invoices or rentals. Exceptions can only be agreed in writing.
3. Commencement of the rental relationship
The rental relationship begins with receipt of the order confirmation or signing of the rental agreement, unless a different time is agreed between the parties in the rental agreement.
The rental relationship begins at the latest with the handover of the rental object.
The lessor is entitled to require a deposit in an appropriate amount before handing over the rental object. The amount of the deposit is based on the rental period on the one hand and the value of the leased property on the other hand and secures all claims of the lessor. The deposit secures both the rental price and the value of the leased property. The Lessor may satisfy its due claims from the security deposit already during the rental period. In this case, the tenant is obliged to increase the deposit amount back to the original amount. A set-off of the tenant with the repayment claim from the deposit against due claims of the landlady during the rental period is excluded. The Lessor is obliged to settle the account as soon as possible after the end of the rental period and to return the deposit not required for
5. Termination of the Rental Agreement
5.1 The Lessee may terminate the rental agreement after receipt of the order confirmation and before taking over the rental object. In this case, the tenant is obliged to pay depending on the time of receipt termination the following distance sums:
5.1.1. 50 es net rent plus VAT in the respective statutory amount, if the termination occurs between the 59th and the 30th day before the start of the lease.
5.1.2. 75 es net rent plus VAT in the respective statutory amount. VAT in the respective statutory amount, if the termination occurs between the 29th and the 10th day before the start of the lease.
5.1.3. 80 es net rent plus VAT in the respective statutory amount, if the termination occurs less than ten days before the start of the lease.
5.2 The termination must be in writing. The Lessee reserves the right to prove a lesser damage on the part of the Lessor.
6. Lessee's duty of notification/quality control
6.1 The Lessee shall immediately inspect the delivered goods for completeness and visible defects. The Lessee shall notify the Lessor in writing of any defects without delay, but no later than within a period of 48 hours.
6.2 The Lessee shall notify the Lessor of theft of rented goods immediately upon discovery.
7. Duties of care and cooperation of the Lessee
7.1 During the rental period, the Lessee is obliged to treat the rented item with care. In particular, he is obliged to maintain the rental object during the rental period to the required extent properly and professionally and to protect the rental object from access by third parties.
7.2 In the event of damage to the rental object, the Lessee is obliged to inform the Lessor immediately. Insofar as the damage is the responsibility of the Lessee, he is obliged to have the necessary repair work carried out by the Lessor at his expense.
The Lessee is entitled to have the repairs carried out by a selected specialist company
if the repair can be carried out more quickly and at lower cost and the Lessor has approved this in advance. In any case, the repair shall be carried out exclusively using original spare parts.
7.3 If, during the Lease Term, third parties gain authorized or unauthorized access to the Leased Item or take possession of it by way of seizure, confiscation or on the basis of other rights, the Lessee shall be obliged to notify the Lessor either by fax or registered letter with return receipt without delay, but no later than within three days of such access, and to notify the third party or parties of the Lessor's ownership in advance.
7.4 If the Parties agree on a specific place of use for the Leased Property, the Lessee shall not be entitled to move the Leased Property to another place of use during the Lease Term without the Lessor's prior consent.
7.5 Insofar as the Leased Property, due to its technical conditions, requires certain maintenance in order to preserve the property or, however, care in order to avoid hazards, the Lessor shall be entitled to obtain information about the obligations in this respect also during the Lease Term. The Lessor shall be obliged to give reasonable advance notice of any such inspection.
7.6 Insofar as claims by third parties (taxes, fines or the like) arise from the proper or improper use of the Leased Item, the Lessee shall be obliged to indemnify the Lessor against any claims by third parties, insofar as direct compensation vis-à-vis the requesting third parties is not or cannot be made by the Lessee.
8. Release from Liability for Fire, Burglary, Theft and Destruction of the Leased Property
8.1 The Lessee is advised that the Leased Property is not insured against theft, damage or accidental destruction.
8.2 For its part, the Lessee is obliged to insure the Leased Property to the same extent for the benefit of the Lessor and hereby assigns to the Lessor all claims arising from this insurance. The Lessor accepts the assignment already now.
8.3 Floor coverings shall be charged to the customer at the new price if they are cut up at the customer's request or are so dirty that cleaning is no longer possible (chewing gum, grease, oils, sand, etc.)
9. Return of the Rental Goods
9.1 The Lessee undertakes to return the Rental Goods, including all accessories, if any, at the agreed time free of defects and cleaned. If the rental object is dirty, the Lessor may charge the cleaning costs to the Lessee.
9.2 If the delivery consists of a large number of individual parts or if the complete inspection is not possible at the Lessee's place of business (return transport by third parties), the Lessee accepts that the final inspection and damage assessment shall only take place at the Lessor's premises.
The Lessee shall have the right to be present during this inspection. This must then take place in the
next 48 hrs after arrival at the landlady. If the tenant does not make use of the possibility of presence at the inspection, he is bound by the findings of the landlady.
9.3 If the return of the leased property is impossible due to a circumstance for which the tenant is responsible or if necessary repair measures exceed the current value by more than ten percent, the tenant is obliged to pay the current value plus a replacement - cost lump sum in the amount of 12.5 percent.
9.4 In addition, the Lessee is obliged to pay compensation for use for a maximum period of two weeks,
insofar as the Lessor proves that it could have rented out the Leased Property during this period.
9.5 Further claims for damages by the Lessor shall remain unaffected. The tenant is reserved to prove a lesser damage.
10. End of the lease
10.1 The lease ends with the expiry of a fixed agreed rental period.
10.2 The landlord is entitled to an extraordinary right of termination if
- the tenant is in default with the payment of not only in the sense of § 320 paragraph 2 BGB minor liabilities,
- enforcement measures against the tenant are carried out,
- the tenant in the sense of § 29 et seq. Bankruptcy Code ceases its payment.
- the tenant uses the leased property despite warning by the landlord in a technically damaging manner or other significantly contrary to the contract,
- the tenant leaves the leased property unauthorized third parties or to a contractually not agreed place.
11. Delivery and collection
The delivery and collection by the landlord, as agreed in advance, to take place on time. The landlord can not be held liable for late delivery based on force majeure.
The delivery of the rental property is at ground level directly behind the first door. The delivery route must be truck fair (up to 40 t. / semi-trailer or truck with trailer) and free. If this is not possible, the tenant has this before the conclusion of the contract in writing.
12.1 Claims for damages by the lessee due to fault on the part of the lessor during contract negotiations, positive breach of contract, unauthorized action and unforeseeable damage are excluded, unless they are based on gross negligence on the part of the lessor or its vicarious agents, the Lessor cannot exempt itself pursuant to § 138 BGB and in the case of simple negligence to the extent that the claims for damages do not relate to the breach of cardinal obligations (essential contractual obligations) and health damage is not the subject of the disputed claim
as well as the assertion of claims under the Product Liability Act is not at issue.
12.2 The liability of the Lessor shall in principle be limited to the respective directly arising damage.
12.3 Any further liability of the Lessor shall only remain insofar as the damage is covered by a statutory liability of the Lessor or could have been covered within the scope of General Insurance Conditions approved by the insurance supervisory authorities at premiums and premium surcharges at rates not based on extraordinary circumstances with an insurer licensed to do business in Germany and no case of exemption from performance of the insurer exists or would exist.
13. Offsetting and retention
The Lessee shall only be permitted to offset counterclaims or assert a right of retention on account of such claims that are undisputed or have been finally determined by a court of law.
14.1 Amendments and supplements to the contract must be made in writing. This also applies to the waiver of the written form requirement.
14.2 Place of performance and jurisdiction for all disputes arising between the contracting parties under the contract is the registered office of the Lessor..