- The deliveries, services and offers of the lessor are exclusively executed on the basis of these general terms and conditions.
- Amendments, alterations or supplementary agreements are legally effective only with the written confirmation of the lessor.
- Should a provision of these terms and conditions or a provision within the scope of further agreements be or become invalid, the validity of all further provisions remains untouched.
§ 1 Validity of the conditions
§ 2 Rental object
- Rental objects are the furniture and technical equipment as well as further accessories stated in the confirmation of order.
- The rental objects are property of the lessor.
- The rental objects are placed at the disposal of the lessee for the agreed purpose (i.e. for normal use at the agreed event/fair) and for the duration of the rental period (§ 3) only. Another use during the rental period is not allowed.
- A subsequent use of the rental objects beyond the agreed return deadline is not permitted, unless a subsequent order in writing was concluded with the lessor.
- The lessee is obliged to insure the rented objects against theft.
§ 3 Rental period
- The rental object is provided for the duration of the event/fair.
- The rental period starts with the delivery of the rental objects (§2.1) to the lessee.
- The rental period terminates with the end of the event/fair, unless another termination date has expressly been agreed.
§ 4 Rental prices
- The offers of the lessor are unbinding and require the written confirmation of the lessor for their effectiveness.
- All agreed prices are net prices plus the respectively valid value added tax. For foreign business transactions, the lessor reserves the right to subsequently calculate the respectively valid value added tax.
- The agreed prices do not include the costs for delivery and pickup of the rental object to and from the venue, unless an inclusive price is expressly agreed.
- The distribution of the rental furniture is not included in the rental price and is calculated separately.
- The prices do not include any deductions.
- The rental fee becomes due on the agreed payment date. Otherwise it becomes due to the end of the rental period.
- The lessor reserves the right to deliver against prepayment only.
§ 5 Delivery
- Delivery period
- a. For events/fairs supplied by the lessor carriage-free, delivery takes place in collective transport, the date of which is determined by the lessor. The lessor guarantees a delivery before the start of the event/fair. For deliveries on dates deviating from this, the lessee shall bear the costs.
- Otherwise the delivery of the rental objects takes place on the agreed date. If no specific date has been agreed, delivery takes place before the start of the event/fair.
- c. Fixed dates require an expressed agreement and the written confirmation of the lessor.
- d. If the exhibition stand is not manned at the time of delivery, the placing of the hired object on the exhibition stand constitutes correct and proper delivery. From this time onwards, the risk of damage to or loss of the hired object lies with the lessee.
- e. The lessor is not obliged to verify the credentials of the person taking delivery of the hired object.
- Difficulties in delivery and passage of risks
- a. If delivery is undertaken by the lessor, he/she is not responsible for failure to meet the agreed deadlines and dates in case of disturbances on account of force majeure, which essentially complicate the delivery or make it impossible for him/her. To the transport apply the respectively valid general conditions of the forwarding trade.
- b. If the delivery is undertaken by a third party, passing of risks takes place with the transfer of the rental objects to the third party already.
- In exceptional cases, the lessor reserves the right to deliver, instead of the ordered goods, adequate or higher quality items for the price of the originally ordered goods.
- All dimensional data published in the catalogue are approximations. The lessor reserves the right to deviations in dimensions, shape and colour, insofar as this proves reasonable for the customer.
§ 6 Obligatory inspection and reclamations
- The lessee is obliged to convince himself/herself of the proper condition of the rental objects and the completeness of delivery immediately after delivery.
- The lessee is aware that the hired object has been reused and may not be in mint condition Normal signs of use resulting from the utilization of the goods as rental object do not represent a reason for reclamation.
- The lessee confirms proper performance by taking receipt of the goods. Possible reclamations on the side of the lessee with regard to nonconforming services must take place within 24 hours. Later complaints are not accepted.
- For defects at technical equipment, after timely reclamation the lessor guarantees an onsite repair service and replacement for irreparable equipment within 24 hours. In case of failure to repair, the defective equipment is replaced as well. The guarantee is limited to locations within Germany. If the defects are based on fault of the lessee, his/her legal representatives or vicarious agents, the lessee shall bear the costs for repair or replacement.
§ 7 Return of the rental object
- After termination of the rental period (§ 3.3), the rental objects have to be provided by the lessee ready for pick-up and accessible.
- The lessee is obliged to secure the rental objects after the termination of the rental period (§ 3.3) against loss and damage for 48 hours at most.
- If the rental objects are not returned in time, the lessor may demand the agreed rent for the duration of the withholding as compensation. Further damages are not excluded.
- Premature return of the rental objects does not result in a termination of the letting relation and does not exempt the lessee from his/her security obligation according to point 2. Additional costs on account of the premature return shall be borne by the lessee.
§ 8 Liability of the lessee
- The lessee is liable for loss and damages during the rental period. He/she immediately has to inform the lessor about possible damages to the rental object. The same applies, if the rental object was stolen or third parties assert rights in this object in any form.
- The lessee is not entitled to alter the hired objects in his possession without prior consent from the lessor.
- For lost rental objects, the lessee is liable to the amount of the replacement value. For damages, he/she has to refund the repair expenses up to the amount of the replacement value.
§ 9 Liability of the lessor
- Liability of the lessor, his/her legal representative and vicarious agent is excluded, unless
- a. the damages from infringement of life, body or health are based on a negligent breach of duty by the lessor or a deliberate or negligent breach of duty by a legal representative or vicarious agent, or
- b. further damages are based on a gross negligent breach of duty by the user or a deliberate or gross negligent breach of duty by a legal representative or vicarious agent.
- The lessor is not liable for damages not related to the letting of the rental objects (§ 2.1).
§ 10 Right to give notice
- A termination of the rental contract is possible only when this is based on a breach of duty by the lessor.
- If the lessee rejects the execution of the contract before the start of letting (§ 3.2) and if the lessor is not responsible for the reasons, the lessee remains obliged to pay the agreed rental price and the transportation costs. This sum, however, is reduced by the amount, which the lessor saved as a consequence of the non-execution.
- After start of letting, the lessee is entitled to termination only when the defects are based on a breach of duty by the lessor, the defects were complaint about in time (§ 6 III) and repairs by the lessor failed.
§ 11 Competent court
As far as legally admissible, the competent court for all disputes arising directly or indirectly from this contractual relation is Düsseldorf.