TERMS AND CONDITIONS
Terms and conditions
for event and trade fair rental services (as of: 01.11.2017)
1.1 The following terms and conditions are valid for all our rental and related services, offers or other legal corporative declarations in connection with that. Contrary or differing conditions of the tenant shall not become contract components even without explicit objection or without our conditional service to the client unless this is explicitly agreed upon and confirmed in writing.
1.2 Our terms and conditions are also valid for all future services or legally corporative declarations to the tenant, namely, even in the case that these are not again taken as a basis explicitly.
2. Offers and orders
2.1 Our offers are non binding, unless otherwise stated in the offer.
2.2 A contract is achieved by confirmation of our written order or by our effected service.
2.3 The descriptions of the rental objects in our offers, order confirmations, etc., are approximately relevant only.
We reserve the right to replace the rental object by a functionally equivalent product.
3. Rental dates / rental periods / cancellations
3.1 The rental period is calculated for day/weeks. Days already started fully count. The minimum rental time is one day.
3.2 The agreement upon rental date is only binding if confirmed in writing. Changes of orders can lead to the cancellation of the deadlines agreed upon. The rental date is deemed to be met with punctual provision of the rental object for collection by the renter or freight forwarder / transport person, even with our suppliers, war, strike, lockout or serious operating disturbances at the company or traffic disturbances, shortage of energy as well as all cases of force majeure even with our suppliers exempt us - even if they make the implementation of the contract for the foreseeable future uneconomic - for the duration of the disturbance and to the extent of their effects, of our obligation to pay. If the client frees us from performance for the duration of the disruption and in the scope of it’s effects, and even if they cause inefficiency of the relevant contract for a foreseeable period, agreed service dates are extended to an appropriate extent. Furthermore, such incidents authorize us to withdraw from the contract without granting the right of compensation to the renter.
3.3 If the start of the rent is not expressly agreed upon, rental time starts with collection/delivery from the warehouse. In case of return shipment at a later date than agreed upon, we reserve the right to charge higher fees in addition to the rental agreed upon rate per day. In addition to the agreed rent, a half daily rental rate can be charged per day delay. Rental time ends with return delivery to the warehouse.
3.4 In case the renter withdraws from the rental contract for reasons beyond our control, we can demand cancellation costs without proof of damage as follows: till 30 days before start of rent 30% of the order value, till 14 days before start of rent at 40% of the order value, up to 8 days before start of rent 50% of the order value, from 3 days before start of rent 100% of the order value (AW) unless the tenant can prove that the damage has not occurred or is much lower.
4. Prices and payment conditions
4.1 Our rental prices are net prices. In addition there are the costs for transport, insurance and any construction costs (labor and travel costs, expenses) as well as the legal value added tax. If no fixed price is agreed upon, rental is effected at our list prices valid on the day of the start of the rental. The same applies to set up costs.
4.2 Unless otherwise agreed upon, our invoices are payable at once and without reduction. If, in the exceptional case, instalment payment plan has been agreed upon and the renter does not comply with the payment instalment dates, we have the right to declare due the whole remaining balance.
4.3 We are entitled to claim a deposit or advance payment from the renter.
4.4 The renter can only clear or claim refund rights if his counterclaims are legally established, uncontested and recognized by us.
4.5 If a due payment of a renter is in arrears or if his solvency is doubted we are not obliged to grant further service even from other running contracts with the renter, and can delay their execution until all payments due have been effected. Already granted terms of payment can be cancelled.
5. Shipment, transfer of risk, receipt of goods
5.1 The risk of accidental loss or the accidental deterioration of the rental object is transferred to the forwarder, the carrier or another person or institution determined to execute the shipment at the moment of pickup or dispatch regardless of whether the dispatch/transport has been carried out through a third person or through us. This even applies if partial deliveries are made or we assume additional services, for example, set up – and/or dismantling on site. The risk also passes over to the tenant if he is in default of acceptance. If the shipping is delayed due to circumstances for which the tenant is responsible, the risk is transferred to the tenant upon notification of readiness for shipment.
5.2 Above stipulations are valid for the return of the corresponding rental object, this means the renter bears the risk of return transport of the rental object.
5.3 Notification of claims due to damages in transit must be made immediately and respectively by the renter to the transporter within the stipulated deadlines and notification to us in accordance with the contract must also be made immediately. An “obvious damage” (for example, damaged package) has to be claimed directly at transfer of the goods and be recorded.
6. Use of the rental property, user Instructions, rights of third parties
6.1 The renter must handle the rental object carefully and use it exclusively according to its purpose, especially in accord with the handling instructions for use, maintenance and care have to be followed precisely. The renter is obliged to receive the rental object in contractual condition and to secure it against loss and damage. The tenant is not allowed to effect changes of any sort on the rent object.
6.2 It is not allowed to sublease the rental object. The rent object has to remain in the direct possession of the tenant and to be used only at the locations agreed upon.
6.3 The renter allows us to review the rent object at any time during the rent period.
6.4 Operation of the rent object with the appropriate software can only be effected according to the conditions of the licensee communicated and stipulated separately. The renter releases us in the case of incorrect use of the software from all claims for damage compensation of the licence holder.
6.5 The renter shall keep free the rental object from all burdens, claims and pledges of third persons. He is obliged to notify us at once by giving us all necessary documents if during the licence period the leased property seized, or in another manner is claimed by others or is lost. The renter bears all costs necessary for cancellation of such procedures by third persons.
6.6 The renter has to release us from all claims of third persons, being raised against us due to the use of the leased object by him. The release also includes all costs arising in defence of claims of third persons.
7. Equipment insurance coverage
7.1 We can insure the rental object in favour of the renter for the time of use against damage upon his request, but not against damages occurring due to negligence or improper handling by the tenant. The expenses of the equipment insurance are invoiced to the renter. The personal contribution of the renter is 5% of the replacement value per claim and device, minimum EUR 250,00 but maximum EUR 500,00. Deliberate destruction, misuse, robbery and negligence are not covered by the equipment insurance. The detailed insurance terms and conditions are outlined in the insurance policy, which can be examined at our office if required.
7.2 The conclusion of an insurance contract referring to the leased object by us needs explicit agreement with the tenant and is concluded when this position is listed in the order confirmation.
7.3 The renter already assigns future claims to us on insurance benefits that are due to him in the case of the loss or degradation of the rental object. We herewith accept the assignment.
8. Set up / installation
8.1 The specified cost for delivery / set up is calculated for normal circumstances at the event location / exhibition location and is if not agreed upon otherwise estimated only and not binding.
8.2 The renter has to ensure that the preconditions for a quick set up are met, this means among other things that all local preconditions are in place and the necessary power connections and electricity are available. In case of interruptions in the installations on site or other disruptions or delays due to the tenant, increased material costs, rental costs and additional working hours are at the expense of the tenant.
8.3 It is in the interest of the renter to write off the amount of travel, material and work involved. The tenant therefore is obliged to certify the finish time of set up and dismantling and delivery to our technicians on the company delivery note (or direction sheet). In case this is not executed, the times and dates given by our technicians apply.
8.4 If it should occur during the event set up, that the designated rental object does not comply with the special spatial, acoustic or optical requirements, an exchange or a supplement of the rental property can be made at the cost of the renter in order to reach a satisfactory effect. The tenant, however, has no right of withdrawal.
9. Inspection obligation at external delivery
The renter has to examine and to check the rental object upon reception, especially to perform a functional test and to notify us of any visible defects in writing at our office, preferably immediately, however, at the latest on the following working day or at the earliest reasonable time. Otherwise the rental object is considered to be accepted. (also see paragraph 6.3)
10. Defects / liability
10.1 We are liable for the functional condition of the rental object at the time of transfer of risk.
10.2 The renter is obligated to co-operate in the event of any disruption in performance and to minimize any damage as far as possible. We, at our discretion, are to be given the chance to repair the defect in the rental object or to replace the rental object by a functionally identical product. The liability for defects shall not apply for those defects occurring after the passing of risk due to incorrect or negligent handling, excessive use, inadequate equipment operating resources or due to chemical or electrical influences not being carried out according to specifications in the contract.
10.3 Claims for compensation, especially reimbursement for damages that have not arisen from the rental object, can only be claimed by the renter in case we are guilty of purpose or gross negligence.
10.4 Our liability is, except in case of purpose, limited to the amount of the contractually agreed damage foreseeable at the time of conclusion of the contract and, if the purpose of the contract is to be achieved it is maximally limited to the amount of the rent agreed upon. This even applies in case of failure of the leased object. All further liability from our side is excluded.
10.5 We are on no account liable for atypical claims or unpredictable consequential damages nor for such claims as the tenant could have avoided by reasonable measures.
10.6 The above liability limitations do not apply for claims of the tenant in case of physical injuries or health injuries attributable to us or the loss of life of the tenant. As far as our liability is excluded, this also applies for the personal liability of our staff, managing directors, representatives and agents.
11. Security of devices at exhibitions, dismantling of the exhibition
The renter is obliged to ensure adequate security of the devices while using rental object(s) at an exhibition, for example, by organizing guards. This especially applies in case of building or set up phases of several days duration, so that the rental object is protected against theft at night. The renter, moreover, is obliged so ensure that the rental object is guarded during the agreed upon dismantling and collection period, until we arrive. The renter is obliged to keep in telephone contact with the dismantling team as experience shows that at the end of the exhibition delays can occur (traffic chaos, etc.). The phone number of the dismantling team can be attained through inquiry at our office, in case it is not indicated on the delivery note.
12. Return of the rental object by the renter
12.1 After expiration of the rental period, or at the agreed upon date of return, the renter has to return the rental object at his expense and risk, immediately as stipulated. In case of a delay in return, the tenant has to pay the rent agreed upon until the return of the rental object, irrespective of the obligation for damage compensation.
12.2 The renter is liable for damages and/or loss of the rental object during the leasing period and until return of the rental object to our warehouse. Such damages do not release the renter from his contractual obligations, especial the payment of rent.
The repair expenses, and, in the case that they are excessive or a repair is not feasible, the replacement costs have to be recompensated, until replacement or repair of the rented item, the agreed rent continues to be paid according to the rate agreed upon.
13. Place of performance, jurisdiction and applicable law
13.1 In case of one of these conditions, or a provision within other agreements should be or become invalid totally or partly, a provision shall replace it, which comes as close as possible to the economic purpose of the invalid condition. The validity of the remaining conditions remains unaffected.
13.2 Place of performance and place of jurisdiction is the city of the landlord’s company office, provided the tenant is a merchant.