General Rental Terms and Conditions of Gerhard Halbritter and Simon Marschalek GbR – Munich Event Rent
valid from September 1, 2024
CONCLUSION OF A CONTRACT
The terms and conditions of the lessor apply exclusively to all transactions. The content and scope of the rental contract correspond to the written order confirmation of the landlord. Deviating or supplementary agreements are only valid if they are confirmed in writing by the lessor.
All offers made by the landlord are non-binding. The landlord reserves the right to charge the tenant for any costs incurred in connection with the submission of the offer. The lessor reserves the right to deviate from the general rental conditions at any time in individual and special cases.
RENTAL PRICES
The prices shown on the website are basic prices including VAT. The basic price includes a rental period of 3 days. For the fourth calendar day, we charge 25% of the basic rent; for each additional calendar day, we charge 15% of the basic rent. This results in a factor on the basic rent based on the rental period. The final rental price of an item is determined in accordance with the lessor’s written offer including VAT and is valid for one calendar day.
The minimum order size is EUR 200.00.
CAUTION
Furthermore, the landlord may demand a deposit of up to 25% of the rental price. If the rental property is returned correctly, the deposit will be repaid to the tenant by the landlord as soon as possible.
METHOD OF PAYMENT
The total rental amount shall be paid by the tenant without reservation in accordance with the payment terms stated on the invoice.
RENTAL SPACE
The rental property is only made available to the tenant for the agreed period. The written consent of the landlord is required for an extension of this period. The landlord then has the right to charge an additional rental amount based on the previously agreed daily rent and any additional costs incurred. If the tenant is unable to return the rental property at the agreed time, the tenant must inform the landlord at least one day before the end of the agreed rental period.
DANGER TRANSITION
In the case of pure delivery, our service is a debt to be discharged at the risk of the hirer ex works.
In the case of delivery and assembly on site, in particular at an exhibition center, the risk of accidental destruction, damage or loss lies with the lessee from the time of delivery to the installation site.
LIABILITY
During the rental period, the tenant is liable for all damage resulting from the use of the rental property. The tenant is responsible for any loss of or damage to the rental property. This also applies to damage caused by third parties or force majeure, such as damage caused by fire, storms, severe weather, hail, water, burglary, theft, vandalism and terrorism. If the damage can still be repaired and the costs for this are not higher than the replacement value of the item, the tenant must reimburse the repair costs. In all other cases, the replacement value will be charged to the tenant.
The tenant shall be liable to us for any claims that third parties may assert against us due to damage resulting from the use of the rented property. The lessor shall never be liable for direct or indirect damage caused in connection with the use of the rented property by our employees, by third parties engaged by us, by faults and/or defects of any kind in the rented property or by other causes attributable to us, unless the damage was caused by intent or gross negligence on our part, in which latter case our liability shall be limited to an amount equal to the agreed rental price. The liability of the landlord is excluded for simple negligence. Injury damage, operational damage and/or damage due to loss of profit are also completely excluded from our liability. If transportation of the rental property by the Lessor has been agreed, the Lessee shall ensure that the Lessor can use an access route that is suitable for the delivery of the rental property. Damage to the grounds and/or buildings shall be borne by the tenant. If the event planned by the tenant relates to a topic that is in the public eye (e.g. political event of a party, a political group, etc.), the tenant shall inform the landlord immediately, in any case before the contract is concluded if possible. The latter shall be granted the right to withdraw from the contract. The tenant shall be liable for further damages if he has breached his obligation to provide information without delay.
INSURANCE
The rental property is not insured. Liability is transferred to the tenant as soon as the tenant takes delivery of the rented property. The landlord therefore advises to insure the rental property for the duration of the event, including the duration of assembly and dismantling.
AVAILABILITY
The lessor’s failure to make the rented property available in good time or The Lessor cannot be held responsible for the failure of the Lessor to make the rented property available on time, or for the failure of the Lessor to collect the rented property on time, or for any other failure to fulfill obligations towards the Lessee on time, if this is the result of force majeure, which in any case includes: bad weather, fire, explosion or leakage of hazardous substances and/or gases or danger in this respect, negligence on the part of the Lessee or third parties such as suppliers or carriers, illness of personnel who cannot be easily replaced, crew or blockade or official measures and terrorism. Unless performance is to be regarded as permanently impossible, termination of the rental agreement by the tenant due to failure to make the rented property available on time is only possible after the tenant has set the landlord a reasonable additional period for performance in writing, taking into account all circumstances, and no performance has taken place within this additional period.
If, upon receipt of the rented property, the lessee discovers a shortcoming or damage that prevents the rented property from being used, the lessee has the right to equivalent replacement material. The rented property may only be used by the lessee in accordance with its intended purpose and for the agreed project; it may therefore not be made available for use by third parties without our written consent. If we give the tenant written consent to allow third parties to use the rented property, the tenant remains obliged to fulfill all his obligations resulting from our rental and payment conditions.
If the rental items are not available at the agreed delivery time for unforeseen reasons, the lessor is entitled to deliver equivalent products as a replacement. The equivalence of the products refers in particular to function, quality, style and suitability for the intended purpose. A reduction in the rental price or withdrawal from the contract by the hirer is excluded in this case, provided that the replacement items meet the aforementioned criteria.
INFORMATION OBLIGATION OF THE TENANT
The tenant must inform the landlord immediately if:
- the rental object is not complete on delivery (max. 1 hour after handover of the goods),
- the rental object is damaged (max. 1 hour after handover of the goods),
- the rental property has been stolen or lost in some other way.
Cancellation
Cancellation of an order is possible up to 2 months before the start of the event at the latest. The order must then be canceled in writing. However, the costs incurred up to that point will be invoiced. In the event of cancellation at a later date, the full rental price will be charged, unless the goods can still be rented out. In this case, only 25% of the original amount will be charged.
Copyright
The lessor reserves the right at any time to make photo productions, video recordings or similar at locations where the lessor’s rental equipment is located for the lessor’s marketing purposes.
Illustrations and photos
Illustrations and photos in catalogs, brochures and mailings, as well as on websites, may differ from reality. This applies in particular to table linen, as these are natural products and therefore color differences cannot always be completely ruled out.
Data protection
The landlord stores the personal data provided by the tenant. This includes information that enables the person or company to be identified, such as their name, address, telephone number or e-mail address.
The data is used to process the contracts concluded with the tenant.
If the tenant requests goods or services, further details about the contract, bank details or customer number are stored. If necessary, all data provided in this context will be transmitted by the landlord to third-party companies working with the landlord, such as franchise partners, banks or savings banks, debt collection agencies or lawyers, in order to be used to process the landlord’s orders. If the tenant wishes to retrieve, change or delete the data stored by the landlord, the tenant can inform the landlord of this at any time by post, e-mail or telephone.
OBLIGATIONS OF THE TENANT
Collection, delivery and returns
If the tenant collects the rental property himself, he must check the order for completeness and suitability himself.
In addition, the tenant must ensure proper transportation. The rental equipment must be transported in a closed vehicle. Unless expressly agreed otherwise, the goods shall be collected and returned by the hirer himself. From a minimum order size of EUR 200.00, transportation by the rental company is possible for an additional charge. Delivery is then scheduled so that the rental property is available to the customer before the start of the event. The lessor cannot be held liable for late delivery due to force majeure. The rental property will be delivered to behind the first door on the first floor if an access route is available that is suitable for transport by van (up to 3.8 tons). The required minimum door width is 1 meter, the minimum height is 2.00 m and access and the transport route within the event premises must be passable with transport systems with a total weight of up to 100 kg. If these transportation conditions are not met (e.g. because the ground is not suitable, the access road is too narrow, parked cars prevent delivery and removal, the rental object has not yet been properly sorted for collection), the lessor has the right to charge the extra costs incurred as a result. Upon delivery of the goods, the tenant must check the rented property immediately. Any omissions must be reported to the lessor by telephone or e-mail within 1 hour of handover of the goods. At the agreed collection time, the rental property must be sorted and neatly stacked behind the first door on the first floor.
On collection, the rental equipment is immediately checked and counted as far as possible. If the material consists of crockery, cutlery, cloths and/or other small materials, it cannot be checked immediately upon loading.
The Lessee agrees that the final count and inspection will only take place at the Lessor’s warehouses. The lessor guarantees that no loss or damage will occur in the period between collection and counting in the warehouse. The rental property will be collected within 48 hours of the end of the event, unless another collection date has been agreed.
CLEANING
The hirer must handle the rental equipment with care. Crockery, cutlery, kitchen equipment etc. will be cleaned by the landlord after return; they must be returned to the landlord by the tenant (sorted, without food residues, grease residues etc.) in such a way that they can be machine-cleaned immediately. If the rented property is extremely dirty, the landlord has the right to charge the tenant for the additional costs incurred. Textiles (e.g. tablecloths) must be returned dry to the landlord after use. Stains on textiles that cannot be removed by cleaning are considered to be damage. In the case of flooring, tiles/slabs that have been cut, chipped or heavily soiled (chewing gum, burn holes e.g. from cigarettes) are no longer usable.
TENTS
The tenant’s obligations
- The tenant determines the location where the rental object is installed. He shall examine whether the rental object can be installed safely at the place of installation without causing damage to the property of others and/or without impairing the rights of others, and shall vouch for this fact. He informs the landlord of the presence of lines, cables, pipes and other devices on or in the floor. The ground on which the rental object must be set up must be horizontal and leveled. The Lessee shall be responsible for ensuring that on the day agreed for the delivery and/or assembly of the rental object, the site in question is free, clear and easily accessible, even by a delivery van with a gross weight of 3.8 tons. Measures that are necessary for one or the other shall be taken by the tenant and shall be borne entirely by the tenant. Damage to the premises and/or to the buildings, cables, pipes or other objects on or in the ground as a result of the installation of the rental property shall be borne by the tenant.
- In the case of agreed transportation of the rental property by the lessor, the lessee is responsible for ensuring that the lessor can use an access route that is suitable for delivery vans of 3.8 tons. Damage to the grounds and/or buildings shall be borne by the tenant.
- In the event of snow, the tenant must ensure that the tent roof remains free of snow. Damage caused by snow load shall be borne by the tenant.
- In the event of storms and/or severe weather, the tenant is responsible for ensuring that all entrances and exits to the tent are kept sealed. If damage to the rented property is imminent or occurs, the tenant must do everything possible to prevent or minimize the damage. The tenant is obliged to keep the landlord informed.
- The tenant may not make any changes to the rented property without the landlord’s consent (except in the cases mentioned under point 4).
- The tenant may only use the rented property in accordance with the agreed purpose. The tenant will not make any changes in or to the rented property. It is not permitted to stick, paint or otherwise modify the rented property.
- If the consent of a third party is required for the installation of the rented property, the tenant shall ensure that this consent is obtained in good time. He shall inform the landlord in writing of the existence of this consent. Failure to obtain the required consent(s) shall be entirely at the tenant’s risk. Any fees payable to a third party for the installation and maintenance of the rented property, of whatever nature, shall be borne in full by the tenant, even if they have already been paid by the landlord.
Disputes
The court at the landlord’s registered office has jurisdiction for any disputes.
Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Validity of the conditions
These rental conditions are valid from 01.09.2024. All old rental conditions will automatically become invalid from this date.
