1) Range of application
All services provided by our company are subject exclusively to our Terms and Conditions. Our Terms and Conditions shall also apply to future service agreements, even if their inclusion is not expressly agreed. Our customers’ terms and conditions shall not apply.
All agreements deviating from our Terms and Conditions and the other written content of the contract must be made in writing; verbal agreements are invalid. A waiver of the written form requirement is only permissible in writing.
2) Basic terms and conditions
Our offers are always subject to change. Unless otherwise agreed, prices are exclusive of VAT, freight, postage, insurance and other shipping costs ex warehouse Berlin.
Rented items must be collected from us. The person collecting the goods must be able to identify himself by means of an identity card. If the collector is not the renter or the renter’s legal representative, he must provide us with a power of attorney signed by the renter. The rented item must be returned by handing it over at our company.
At the customer’s request, the rented items shall be shipped by a carrier. The carrier must be commissioned by the customer and must provide us with a power of attorney signed by the customer. The risk for the rented items shall pass onto the customer upon handover at our company to the carrier.
3) Rental agreements
When the system is handed over, the person taking it over shall sign a delivery bill. By signing the delivery note, the person accepting the system acknowledges with binding effect for the customer that the system is in perfect condition. In addition, by signing, the person expressly acknowledges the validity of these General Terms and Conditions on behalf of the customer.
The agreed period of the contract must be strictly adhered to; if this is not possible, we must be informed immediately.
For each day by which the return date is exceeded, the full rent agreed per day must be paid; in the case of a flat-rate rental, the resulting amount per day of the rental period must be paid. In addition, the renter is obliged to compensate us for any demonstrable damage caused by exceeding the return date.
4) Contractual impairments
If a contract is not executed, the customer shall be obliged to pay the agreed remuneration even if he is not responsible for the non-execution of the contract, unless we are responsible for the non-execution, in which case the customer may withdraw from the contract.
If the customer fails to fulfil contractual obligations after setting a deadline in vain, unless such a deadline is impossible due to the circumstances, we shall be released from our performance obligations. The customer remains obliged to pay the agreed remuneration.
5) Restriction on transfer
The customer may only use the rented item for his own purposes. He may not dispose of it in any way, in particular he may not pledge or encumber it, nor transfer it to third parties in any other way. He must protect it from any access by third parties and inform us immediately by telephone and in writing if third parties should gain access to it (e.g. through seizure).
6) Customer liability
The customer must maintain the rental item in a proper and functional condition. Any modifications implemented by the customer to the rental item are prohibited. The customer shall bear the risk of destruction, loss, wear and tear beyond normal wear and tear or damage to the rented item during the rental period. He assures us that he shall return the rented items in perfect condition. He shall be liable for any damage, loss, temporary withdrawal and the like up to the replacement value of the rented items. Under no circumstances shall we be liable for any non-functioning of the system after connection by the customer to equipment not provided by us. Any defects must be reported to us immediately by telephone and fax.
7) Owner liability
Should any defects become apparent during the use of the rental object, we undertake to provide a replacement as quickly as possible. Further claims against us are excluded, unless the defects were caused by us intentionally or through gross negligence. In the event of slight negligence, our liability shall be limited to the amount of the rent agreed for the rental item, with the exception of damage to life, limb and health and foreseeable damage typical of the contract.
8) Organizer liability
If we assume responsibility for the technical execution of an event, the liability provision in Section 7 shall apply, with the exception that in the event of slight negligence we shall only be liable up to the amount of the agreed daily rental fee for each day of loss of the agreed duration, with the exception of damage to life, limb and health and foreseeable damage typical of the contract.
9) Permits
The customer is responsible for obtaining any official permits required for the use or operation of the rental items or for holding the event.
10) Non-solicitation
The customer undertakes not to directly or indirectly commission or employ the personnel deployed by us, in particular those commissioned by us, during the period of cooperation and for a further 12 months. In the event of any infringement, the customer undertakes to pay a contractual penalty of € 5,000.00 per person recruited. We reserve the right to claim higher damages.
11) Prohibition of discrimination
We reserve the right to terminate events with racist, sexist or extremist content or to switch off the technology installed or operated by us. In this case, the customer is nevertheless obliged to pay the agreed remuneration in full.
12) Place of fulfilment
The place of fulfilment and jurisdiction for all disputes shall be Berlin, as far as legally permissible.
13) Severability clause
Should individual provisions of our terms and conditions be wholly or partially invalid, this shall not affect the validity of the remaining provisions. In all other respects, both parties are obliged to reach an amicable arrangement which corresponds as far as possible to the economic purpose and success of the invalid provision.