Contractual conditions for rental items

1. Validity of the terms and conditions

The delivery, services and offers of the lessor are made exclusively on the basis of these contractual conditions. These therefore also apply to all future business relationships, even if they are not expressly agreed again. These conditions shall be deemed to have been accepted at the latest when the goods or services are received. Counter-confirmations of the tenant with reference to his terms and conditions of business or contract are hereby contradicted. Deviations from these contractual conditions are only effective if the landlord confirms them in writing.

2. Offer and conclusion of contract

The offers of the landlord are subject to change and non-binding. Declarations of acceptance and all orders require the written or telex confirmation of the landlord in order to be legally effective. The same applies to additions, amendments or ancillary agreements.

3. Rental period

3.1 Unless otherwise stated or agreed, the rental period relating to the specified rental price is three calendar days including the day of receipt and return.

3.2 In the event of late return, a further rental period of three calendar days will be charged as compensation for three days or part thereof. The tenant reserves the right to prove that the landlord has incurred no or only a lesser damage. The landlord reserves the right to prove that he has actually incurred a higher damage.

4. Rental price and terms of payment

4.1 The stated rental prices result from the attached rental price list for the rental period in accordance with Section 3.1 and are to be understood as pick-up prices. Rental prices for marquees must be agreed separately.

4.2 The stated rental prices are unit prices and apply to one-time use during the agreed rental period. In the case of repeated use in the agreed rental period, the tenant must announce this in advance and a different rental price will be agreed.

4.3 If longer rental periods than provided for in Section 3 are agreed, the normal rental fee shall be charged for the first three days and from 1. Renewal day 15% of the previously shown rental fee per renewal day charged. The rental price is generally payable net, without deduction, upon acceptance of the rental items.

5. Deposit

Before taking over the rental items, the tenant must deposit a deposit of 140% of the agreed rental price with the landlord. There is no interest on the deposit. It will be returned to the tenant as soon as he has fulfilled all his contractual obligations.

6. Handover and return

6.1 The delivery of the rental items is only understood as far as behind the first door and to level ground, whereby the first half hour of work is included in the price. Each additional commenced working hour will be charged at the applicable rate.

6.2 Upon taking over, the lessee is obliged to check the rental items for completeness and functionality. Later complaints will not be taken into account.

6.3 The rental items are returned in clean condition or rinsed. If the rental items are returned in uncleaned condition, a surcharge will be charged on the agreed rental price. For uncleaned returned rental items, the landlord charges the tenant a surcharge of 40% on the rental price. The tenant reserves the right to prove that the landlord has incurred no or only a lesser damage. The landlord reserves the right to prove that he has actually incurred a higher damage.

6.4 Upon return or collection of the rental items by the lessor or his commissioned person, the rental items must be fully packed and transportable to the level inheritance. The tenant is responsible for completeness. Costs for possibly necessary later pick-up trips shall be borne by him.

6.5 In the case of return delivery or collection, the counting for completeness and the check for damage must be carried out in the lessor’s warehouse. Counting on site at pick-up will only be carried out after prior express written agreement. Any additional costs incurred for this shall be borne by the lessee.

7. Liability of the Lessor and the Lessee

7.1 The Lessor shall bear the risk of normal wear and tear of the rented objects. The Lessor is not responsible for delays in delivery and performance due to force majeure and due to events that make delivery significantly more difficult or impossible for the Lessor, even in the case of bindingly agreed deadlines and dates.

7.2 If a defect in the leased object arises after conclusion of the contract, the lessor shall be liable for any resulting damages, insofar as these are based on intent or gross negligence on the part of his legal representatives or vicarious agents. In the event of slight negligence, the landlord is limited to the foreseeable, contract-typical, direct average damage according to the type of rental property, up to a maximum of ten times the invoice or offer amount. The landlord is not liable to entrepreneurs in the event of slightly negligent violation of insignificant contractual obligations. The above limitation of liability does not apply to damages resulting from injury to life, limb or health.

7.3 If the lessee is at fault, he must compensate for any loss, damage, difference or reduced value. Missing or damaged parts will be charged to the tenant with the loss price stated in the rental price list. For damage to party tents, the tenant must reimburse the landlord for the repair price invoiced by third parties or the price for new purchase. The tenant reserves the right to prove that the landlord has incurred no or only a lesser damage. The landlord reserves the right to prove that he has actually incurred a higher damage.

7.4 The lessee undertakes to observe all necessary regulations and official requirements and to obtain the necessary permits. In this respect, he indemnifies the landlord from any claims.

8. Service disruptions / early termination

8.1 After the order has been placed, the lessee can terminate his order until the beginning of the agreed rental period. Depending on the time of termination, the landlord is entitled to charge a cancellation fee according to the following scale:

up to 90 days before the start of the rental period 40%
up to 60 days before the start of the rental period 50%
up to 30 days before the start of the rental period 60%
in case of later termination 90%

The tenant reserves the right to prove that the landlord has incurred no or only a lesser damage. The landlord reserves the right to prove that he has actually incurred a higher damage. Such goods and/or services processed and/or procured by the Lessor for the Lessee shall be made available to the Lessee for free use and invoiced.

8.2 If a defect in the leased object becomes apparent in the course of the rental period or if a measure is required to protect the leased object against an unforeseen risk, the lessee must notify the lessor immediately in writing. The same applies if a third party asserts a right to the leased property.

8.3 If the lessee fails to make the notification, he is obliged to compensate the lessor for the resulting damage. If the landlord could not remedy the situation as a result of the omission of the notification, the tenant is not entitled to demand a rent reduction in the event of material defects and defects of title or to assert claims for damages and reimbursement of expenses due to defects. Furthermore, the lessee is not entitled to terminate without notice without notice without the provision of a reasonable period of time for remedy.

9. Place of jurisdiction

If the lessee is a registered trader, a legal entity under public law or a special fund under public law, the registered office of the lessor shall be the exclusive place of jurisdiction.

Should any provision in these terms and conditions for rental items be or become invalid, this shall not affect the validity of all other provisions.