General Terms and Conditions of Rental

I.Scope

1. Contracts between Akari Events, owner Henning Vana (hereinafter „the Lessor“), are concluded exclusively on the basis of the following General Rental and Business Conditions (hereinafter „the GTC“), unless otherwise agreed in individual cases.
2. Any counter-confirmation by the tenant, referring to their terms and conditions, is hereby rejected. The tenant’s general terms and conditions are only binding if expressly accepted by the landlord.

II.Conclusion of the contract

1. The offers of the landlord are always open to change and non-binding.
2. The respective rental fee of the landlord applies, which is communicated upon request, by Quote, or via the website. The rental fee is calculated as a full daily rental for each day the rental item is made available. An increase in the rent during the contractual rental period is not permitted.
3. Contracts are only concluded through written confirmation of the order or compliance by the landlord with the contents of these terms and conditions. The tenant is bound by their given order for a period of two weeks from the signing of the order. Following written confirmation of the order by the landlord, the provisions set out in VI of these terms and conditions apply.

1. Pick-up

If the tenant has specified a pickup date on behalf of the landlord, this will only become binding upon the landlord’s written confirmation. The rent is due in advance via bank transfer for the entire rental period, in cash upon Pick-up, or electronically via PayPal, unless otherwise agreed.

The tenant is obliged, upon agreed Pick-up, to pick up the rental property at the landlord’s expense.

2nd delivery

If the tenant has specified a delivery date on behalf of the landlord, this will only become binding upon the landlord’s written confirmation. The rent for the entire rental period must be paid by wire transfer or in cash or electronically via PayPal no later than two days before the binding delivery date.

If agreed upon, delivery will be made to the address specified by the tenant on behalf of the owner, unless otherwise agreed upon.

3rd delivery with installation

If the tenant has indicated, on behalf of the landlord, that he/she wishes the delivery of the rental item with installation, then II. 2. of these terms and conditions applies accordingly. The installation is carried out by the landlord upon delivery.

III.Provisions regarding the handover of the rental property

1. The tenant is obliged to check the property before the planned start of the rental period by commissioning it for proper operation. If the tenant detects any defects during commissioning, he is obliged to immediately notify the landlord thereof. This does not apply if delivery includes installation (II. 3 of these terms and conditions).
2. If the landlord is responsible for the defects, the landlord is obliged and entitled to rectify or have rectified any material defects at any time and to bear the costs incurred in doing so. During the rectification of the defects, the tenant is exempt from paying the rent. If the landlord is unable to rectify the defect, the tenant may demand a reduction in the rent or the termination of the contract.

IV.Rental period

1. The lease begins on the day the rental item is picked up by the landlord or delivered by the landlord. The lease ends at the earliest upon expiration of the contractual rental period (VI. Section 1 of these terms and conditions). The return of the rental item by the tenant can only be made during the business hours of the landlord at its registered office. The rental fee must be paid regardless of whether the equipment has actually been used. Early return of the equipment does not result in a reduction of the rental fee.
2. At the landlord's request, the rental property can also be returned to a location other than the landlord's registered office.
3. If the rental property is not returned in accordance with the agreement or the rental property is not available for Pick-up by the landlord on the agreed pickup date, a full daily rental fee must be paid to the landlord for each day that has begun. Extensions of the rental period must be agreed upon with the landlord in each case and require written confirmation. A tacit extension of the rental agreement in accordance with § 545 BGB is excluded. In addition, § 546a BGB applies, with the proviso that the assertion of further damages remains reserved.

V.Right of set-off

The tenant does not have a right of set-off with respect to counterclaims that are disputed or that have not been legally established.

VI.Termination and resignation

1. The tenancy agreement runs for a certain period of time. The contractual rental period runs from the pick-up or delivery date confirmed in writing by the landlord until the end date specified by the tenant upon request. During the contractual rental period, a proper termination of the tenancy agreement is excluded for both parties. The right to terminate the tenancy agreement without notice remains unaffected by this.
2. If the tenant withdraws from the rental agreement, depending on the date of withdrawal before the start of the contractual rental period, the following amounts of the rent shall be calculated according to the contractual rental period:
   

   14 days or more in advance	free of charge
   7 to 13 days in advance	30 %
   2 to 6 days in advance	50 %
   less than 2 days before	100 %

3. The provisions in paragraph 2 do not apply if the tenant proves that the landlord suffered no damage at all or a substantially lower amount of damage.

VII.Liability of the lessee

1. From the time of handover (Pick-up or delivery) until the complete return to the landlord, the tenant bears responsibility for the rental property. During this period, they are liable for damage, destruction, loss, disappearance, and theft of the rental property, even if the damage is caused by a third party, unless they prove that they are not responsible for the damage.
2. In the event of damage, the tenant is liable for the repair costs. In the event of loss, destruction, theft, or damage for which repair is not economically feasible, the tenant is liable for the replacement value.
3. Should the rental property or part of it be stolen, the tenant is obliged to immediately file a police report and notify the landlord immediately.
4. For the period during which the rental property is unavailable due to the necessary replacement or repair due to damage, loss, destruction, or theft of the rental property by the tenant, the landlord is entitled to charge the tenant the costs and sales losses resulting from this.

VIII.Obligations of the Lessee

1. The tenant undertakes to treat the property with care and expediency. All obligations related to the possession, use and maintenance of the property must be observed. The maintenance, care and usage recommendations of the landlord must be followed. The tenant confirms that he or an authorized person on his behalf is familiar with the proper use of the property. In particular, the relevant regulations for events must be observed.
2. The tenant is responsible for ensuring a fault-free power supply. The tenant is liable for damages that occur as a result of power outages, interruptions, or fluctuations.
3. The rented equipment is and remains the property of the lessor. The lessee must keep the equipment in his immediate possession and use it only in appropriate places of use.
4. The transfer of the rental property to third parties is not permitted., Neither for a fee nor for free. In particular, the tenant is not entitled to sublet the rental property, lend it, or assign rights to third parties for independent use, or to assign rights of any kind to the rental property. Persons who work with the rental property under the responsibility of the tenant during the event (e.g., DJs or technicians) are not considered third parties within the meaning of this provision; the tenant is liable for their actions as if they were their own.
5. Should a third party claim rights in the rental property through seizure or attachment, the tenant is obliged to immediately notify the third party in writing of the landlord’s ownership and to inform the landlord in writing immediately.

IX.Liability of the landlord

1. The non-debt-related claim for damages by the tenant due to a defect in the rental property under § 536a, paragraph 1, BGB is excluded.
2. The liability of the landlord for damages in the event of breach of essential contractual obligations and for unlawful acts is limited to typically occurring and foreseeable damages, provided that the landlord is not at fault for gross negligence or intent. The same applies if statutory representatives or agents of the landlord act and cause damage. The liability of the landlord and his statutory representatives or agents for damages in the event of breach of subsidiary obligations is excluded if the landlord, his statutory representatives or agents are not at fault for gross negligence or intent. The limitation and exclusion of the liability of the landlord for damages in the case of damage to body, health or loss of life do not apply.

X.Other provisions

1. Applicable law

The law of the Federal Republic of Germany applies exclusively.

2. Consumer dispute resolution

Information obligation pursuant to § 36 of the Consumer Dispute Resolution Act (VSBG): The landlord is neither prepared nor obliged to participate in dispute resolution procedures before a consumer arbitration body.