Our Terms and Conditions

GENERAL TERMS AND CONDITIONS FOR RENTALS

1. Subject of these terms and conditions

1.1 The following terms and conditions include the rental of items, in particular equipment and systems, cases, stage elements and accessories for music playback and show presentation, by the lessor.

1.2 The underlying rental agreement and these terms and conditions do not affect any transport and assembly or dismantling of items that are not part of the rental agreement. If the landlord transports or sets up or dismantles such items, it is a matter of goodwill work, for the execution of which the landlord generally accepts no liability.

2. General

2.1 The rental and delivery take place exclusively on the following terms, which are recognized as binding by the parties, also for all future business relationships. Deviations and side agreements require the express written confirmation of the lessor. The acceptance of the subject matter of the contract is regarded as acceptance of our conditions

2.2 Any rental or delivery conditions of the customer / tenant are hereby expressly rejected. They do not oblige the landlord even if they are not expressly rejected again when the contract is concluded.

3. Offers and prices

3.1 An order is considered accepted when it has been confirmed in writing by the lessor or the goods have been handed over.
Additions and changes also require written confirmation by the landlord to be legally effective. The landlord's offers are non-binding. The lessor's order confirmation is decisive for the content of the contract.

3.2 Illustrations, dimensions and weights in the lessor's brochures are only approximate and no guarantee is given for their compliance.

3.3 Fees and other costs associated with the fulfillment of official requirements are borne by the customer.

3.4 The rental price results from the order confirmation. It corresponds to the rent specified in the list plus any transport costs, insurance and the currently applicable VAT.

4. Fulfillment

4.1 The lessor fulfills the rental agreement by making the rental item available in his business premises in Kiel, even if he moves the rental item to another location. The transfer of risk to the tenant takes place with the removal of the rental object by the landlord.

4.2 The rental period is at least one day or a multiple thereof. The rent is extended by one day each time if the rented item has not returned to the lessor on the last day of the agreed period.

4.3 If the lessor is unable to procure a guaranteed device, he can fulfill the contract by providing an equivalent device.

4.4 If the rented item is not picked up by the lessee, it will be dispatched at the option of the lessor, either by rail express, rail freight, freight forwarding, UPS, post or courier service. The dispatch takes place in any case UNFREE. The dispatch by Federal Railways takes place from the nearest train station with the following prefabrication: <Rail in stock- self-collection tel. Avis>. The tenant has to collect the rented item from his nearest train station immediately at his own expense. The renter bears any storage costs. The dispatch by forwarding agent or post is carriage forward to the address of the tenant or any address expressly requested within Europe. The packaging remains the property of the lessor.

4.5 When the rental agreement expires, the rented property must be returned by the tenant immediately. The return of the rental item, including all accessories, must be in the original packaging, or break-proof in appropriate packaging by Express FREI or delivery / forwarding FREI warehouse KIEL. The landlord's train station is Kiel Hbf.

5. Payment terms

5.1 The invoice will be issued at the latest when the rental object is made available. The rents, ancillary costs and the statutory VAT are to be paid immediately net upon receipt of the invoice. The landlord is entitled to request advance payment or the deposit of a security. The invoices are payable free of postage and expenses at the lessor's headquarters in Kiel. Payment must be made regardless of the right to complain. Invoices and retention due to any counterclaims by the tenant are hereby expressly excluded.

5.2 Checks are only accepted by the lessor on account of payment. Money orders and checks are only considered payment on the day on which the irrevocable crediting occurs. The tenant bears any bank charges.
5.3 If the tenant does not pay on time, the landlord is entitled to charge interest on arrears of 5% above the discount rate of the Deutsche Bundesbank, but at least 12% pa for each commenced month. The landlord is entitled to charge € 5 in costs for each reminder.

5.4 Failure to comply with the terms of payment, default or circumstances that are likely to reduce the creditworthiness result in the immediate due date of all claims of the landlord. They entitle the landlord to carry out outstanding or future deliveries only against prepayment, to withdraw from the contract after a reasonable grace period or to demand compensation for non-performance, furthermore to prohibit the tenant from any further use or sale of the rental item delivered under retention of title and to return possession of the individual items to take. The landlord is entitled to remove rented objects from the tenant's possession without the need for a judicial title, for which the tenant already grants the landlord unhindered access. The costs resulting from the return / collection
are at the expense of the tenant. Taking back is only a withdrawal from the contract if the landlord expressly declares this in writing.

6. Maintenance

6.1 With the conclusion of this rental contract, the tenant only instructs the landlord to maintain the rented property as necessary.

6.2 Maintenance only includes work that is to be regarded as repairs or directly serves to avoid a malfunction. The regulation for other work (see above 1.2. Of these GTC) therefore remains unaffected. The maintenance work will not be charged separately, unless it is necessary due to improper handling of the rental property or due to interventions by people who have not been commissioned by the landlord.

6.3 The tenant has to leave the rented property in his possession and in his business premises and to store it with his own customary care. A change of location (e.g. for a tour) is only permitted with the prior approval of the landlord. In particular, the lessee is not permitted to transport the rental item to another location outside of the Federal Republic of Germany and to use it there unless he has received written permission from the lessor and the necessary customs documents (ATA carnet / goods traffic carnet). The tenant is liable to the landlord for all damage or economic disadvantages suffered by the landlord due to a violation of these
Provisions arise

6.4 The tenant must not use the rented property without misuse and only have it operated by qualified specialists and in the manner provided by the landlord in accordance with the operating instructions. Any other type of use is prohibited to the tenant. The landlord is entitled, and the tenant has to enable the landlord to check the rental property at any time at the place of use.

6.5 When using the rented property, the lessee must strictly observe all instructions from the manufacturer and lessor, and also follow the lessor's technical instructions. The tenant is fully responsible for any damage caused to the rented property due to non-compliance with the regulations or instructions.

6.6 Company logos or identification numbers of the manufacturer or lessor, standard signs or other designations are to be left unchanged on the rental object

7. Information requirements

7.1 The tenant is obliged to immediately notify the landlord of any disruptions to the rental property. In the event of a breach of this obligation, the landlord can assert claims for damages against the tenant up to the amount of the replacement value.

7.2 The tenant must inform the landlord immediately of any changes in connection with the rental property. This applies in particular:
- in the event of confiscation, attachment or similar measures by third parties
- in the event of a change in the operating conditions for the rented property that cause or increase damage to or endangerment of the rented property.
- in the event of a bankruptcy or settlement application for the tenant's assets as well as in the case of the liquidation of the tenant's business.

8. Subletting

The tenant is only allowed to sublet or re-let the rented property with the written approval of the landlord. The tenant is liable in any case as if he were using the rental object himself. All articles of this contract apply equally to the tenant and the subtenant.

9. Warranty and liability of the lessor

9.1 The tenant declares that the rental object is free of defects upon receipt. The rental property is received when the tenant gains actual power of disposal over the rental property. The declarations of the tenant according to § 1 establish the assumption that a later occurring defect is not the responsibility of the landlord. The tenant bears the burden of proof that the defect existed before the rental object was received.

9.2 If such evidence is provided, the landlord will meet the statutory warranty obligations.

9.3 The warranty claim against the landlord does not apply if:
- it is not submitted to the lessor by telex within 3 days after the defect was discovered, or
- the tenant does not fulfill the contractual obligations incumbent on him, in particular does not meet his payment obligations in time, or
- the rented property has been changed by third parties or through the installation of parts of foreign origin and the damage is causally related to the change, or
- the tenant does not follow the regulations on the treatment of the rental property, or
- the tenant does not grant the landlord the appropriate time and opportunity to carry out all repairs and replacement deliveries that the landlord deems necessary.
9.4 Any liability on the part of the lessor that goes beyond the above warranty is not accepted, in particular for consequential damage of any kind.

9.5 The delivery time is non-binding by the lessor. The landlord will do everything possible to comply with them. The landlord is not responsible for a delay in delivery if this is due to a cause beyond the landlord's control. In the event that the landlord is demonstrably guilty of the delayed delivery or provision of the rented property by the landlord, the tenant can only demand compensation for the replacement delivery, but not for lost profit.

10. Work by the lessor

10.1 If work is carried out, e.g. in the context of the assembly or dismantling of a rental item or of individual devices, the provisions of this paragraph apply.

10.2 If such work is carried out free of charge by the landlord or his agents, it is goodwill work, for the execution of which the landlord generally accepts no liability. If such work is charged separately, the lessor is only liable for gross negligence. The lessor's liability is limited to the amount covered by the company liability insurance.

10.3 The lessee or purchaser of the work has to do everything necessary on his part, at his own expense, so that the work can start on time and can be carried out without disruption.

10.4 If the work is interrupted by circumstances for which the landlord or his agents are not responsible, the risk for the services already provided is transferred to the tenant for the duration of the interruption.

10.5 The warranty for the work begins with the initial use (transfer to the lessee's premises); If the takeover into the tenant's business is delayed due to circumstances for which the landlord is not responsible, the warranty period is shortened by the duration of the delay. Any warranty claims against the landlord for work carried out expire after 6 months.

10.6 The lessor is not liable for faulty work by provided personnel if he can prove that he has neither given incorrect instructions nor breached his duty of supervision.

11. Impossibility & contract adjustment

11.1 If the landlord is unable to perform the performance incumbent on him, the general legal principles apply with the following stipulation: If the impossibility is due to the negligence of the landlord, the tenant is entitled to claim damages, but the tenant's claim for damages is limited to 10% of the Value of that part of the rental or the service that cannot be put into useful operation due to impossibility.

11.2 If unforeseen events that are beyond the control of the landlord (force majeure), significantly change the economic importance or the content of the service or have a significant effect on the landlord's operations, the contract will be appropriately adapted. If this is not economically justifiable, the landlord can withdraw from the contract.

12. Open air concerts

If it is agreed between the parties for an open air concert that the landlord monitors the functioning of the rented property, the landlord has the following rights in particular:

12.1 The landlord or his agent can switch off the rented property or, if necessary, dismantle it if the weather poses a risk to the rented property or the physical integrity of people present or if riot or riot endanger the rented property.

12.2 If the rental property is switched off or dismantled in accordance with the aforementioned requirements, the lessee is not entitled to derive any kind of claims for damages against the lessor.

13. Liability of the lessee

13.1 The tenant is obliged to take out all customary and necessary insurance for the rental property, or

13.2 The rental property can be compulsorily insured by the lessor at the expense of the lessee if a risk for the rental property is foreseeable and the lessee cannot provide evidence of insurance, or

13.3 The rented property can be insured by the tenant through a percentage participation in the lessor's insurance for the duration of the rent.

13.4 If the tenant or the landlord has not taken out insurance for the rental property, the lessee is fully liable for all damage, in particular for loss, embezzlement, accidents involving the means of transport, theft or electricity damage and operating errors made by his subordinates to the rental property. The lessor can claim damages up to the amount of the replacement / restoration value. The current price lists of the music retailers serve as the basis for the landlord's claim for compensation in the case of the replacement of lost rental items.

13.5 If the tenant withdraws from the rental agreement or refuses to accept the landlord's service for any other reason, the tenant has to pay compensation for the expenses incurred and the reduced possibilities for other leasing in accordance with the following provisions. The total order volume is to be understood as 100% of the owed performance of the tenant, which is composed of the rent plus any agreed wages and the performance of those commissioned by the landlord
Subcontractors. All prices are exclusive of statutory VAT. The calculation of the following deadlines is based on the date on which the rental contract was concluded between the parties by sending (also by telex) the lessor's order confirmation to the lessee. The tenant then has to pay the following cancellation fees when withdrawing:

- 20% of the order volume up to 30 days before the start of the rental period

- 50% of the order volume up to 10 days before the start of the rental period

- 80% of the order volume up to 3 days before the start of the rental

If the rental object is not picked up after the due date, the renter owes compensation in the amount of 80% of the order volume. The landlord is entitled to set the tenant a short grace period of 3 days after the due date and, if the deadline expires without result, to rent the rented property to someone else.

14. Place of performance and jurisdiction

For full merchants and legal entities under public law, the place of fulfillment and jurisdiction is exclusively Kiel. This also applies to claims from checks and bills of exchange as well as in the dunning procedure according to § 38.II ZPO. German law applies exclusively.

15. Partial ineffectiveness

If a provision of these general terms and conditions for the rental should be ineffective, the statutory provisions apply. The ineffectiveness of one or more clauses of these general terms and conditions does not affect the legally binding effectiveness of the remaining provisions.

16. Validity

With the appearance of these general terms and conditions for the rental, all previous rental conditions become invalid.
Kiel, February 2021