Akari Audio event technology

General Terms and Conditions (GTC)

I. Scope

Contracts of the company Henning Vana – Veranstaltungstechnik (hereinafter referred to as the Lessor) shall only be concluded subject to the following General Terms and Conditions (hereinafter referred to as GTC), unless otherwise agreed in detail.

Counter-confirmations of the lessee with reference to the lessee’s terms and conditions are hereby objected to. The Lessee’s general terms and conditions of contract shall only become the subject matter of the contract insofar as they have been expressly recognized by the Lessor.

II. conclusion of the contract

The offers of the lessor are always subject to change and non-binding.

The respective rent of the lessor applies, which is communicated on request or by offer or website. The rent is calculated for each commenced day of the surrender of the leased property with a full day’s rent. An increase of the rent during the contractual rental period is excluded.

Contracts are concluded only by written order confirmation or fulfillment on the part of the lessor with the content of these GTC. The lessee is bound to his placed order for a period of two weeks from the signing of the order. After written confirmation of the order by the lessor, the regulations according to VI. of these GTC apply.

1. collection

If the Lessee has specified a collection date in the order, this shall only become binding upon written confirmation by the Lessor. The rent is payable for the entire rental period in advance by bank transfer, cash on collection or electronic payment via Paypal, unless otherwise agreed.

In case of agreed collection, the Lessee is obliged to collect the rental object from the Lessor at his own expense.

2. delivery

If the Lessee has specified a delivery date in the order, this shall only become binding upon written confirmation by the Lessor. The rent for the entire rental period must be paid no later than two days before the binding delivery date by bank transfer or upon delivery in cash or electronic payment via Paypal.

In case of agreed delivery, the delivery shall be made to the address specified by the Lessee in the order, unless otherwise agreed.

3. delivery with installation

If the Lessee has stated in the order that he wishes the delivery of the rental object with installation, II. 2. of these GTC shall apply accordingly. Installation is carried out by the lessor upon delivery.

III Provisions upon handover of the rental object

The lessee is obliged to check the rental object for proper functioning by commissioning it before the start of the absence or the planned use. If the tenant discovers defects in the process, he is obliged to notify the landlord immediately. This does not apply if delivery with installation (II. 3. of these GTC) has been agreed.

If the Lessor is responsible for the defects, the Lessor shall be obligated and entitled to remedy defects essential to the contract at any time or to have them remedied and to bear the costs incurred in doing so. During the repair of defects, the tenant is exempt from paying the rent. If the lessor fails to remedy the defect, the lessee may demand a reduction of the rent or rescission of the contract.

IV. Rental period

The rental relationship begins on the day on which the rental object is collected from the lessor or the lessor delivers the rental object. The rental relationship shall end at the earliest upon expiry of the contractual rental period (VI. para. 1 p. 2 of these GTC). The return of the rental object by the Lessee can only take place during the Lessor’s business hours at the Lessor’s registered office. The rental fee is payable regardless of whether the equipment was actually used. Early return of the equipment will not result in a reduction of the rental fee.

At the Lessor’s request, the leased property shall also be returned to a place other than the Lessor’s registered office.

If the rental object is not returned in accordance with the contract or if the rental object is not ready for collection by the lessor on the agreed collection date, a full day’s rent shall be payable to the lessor for each day or part thereof. Extensions of the rental period must in any case be agreed with the lessor and require written confirmation. A tacit extension of the lease pursuant to. § 545 BGB is excluded. In addition, § 546a of the German Civil Code (BGB) shall apply with the proviso that the right to claim further damages is reserved.

V. Prohibition of set-off

The lessee shall not have a right of set-off in the case of disputed counterclaims or counterclaims that have not been legally established.

VI Termination / Withdrawal

The lease is for a definite period of time. The contractual rental period runs from the pick-up or delivery date confirmed in writing by the Lessor to the final date specified by the Lessee in the order. During the contractual rental period, ordinary termination of the rental relationship is excluded for both contracting parties. The right to extraordinary termination remains unaffected.

If the renter withdraws from the rental agreement up to seven days before the beginning of the contractual rental period, 30 % of the rent will be charged according to the rental agreement. of the contractual rental period is calculated. If the cancellation is made less than seven days before the start of the contractual rental period, 50% of the rent will be charged, if less than two days, the full rent according to. of the contractual rental period is calculated. If the tenant cancels up to 14 days or more, the cancellation is free of charge. The regulations VI. par. 2 S. 1 u. 2. of these GTC shall not apply if the Lessee proves that the Lessor has incurred no damage at all or significantly lower damage.

VII Liability of the Lessee

The renter is liable for damages to the rental object for which he is responsible with the repair costs. In the event of loss, misplacement or theft of the rental object for which he is responsible, the renter shall be liable for the replacement value. In the event that the leased property or any part thereof is stolen, the Lessee shall immediately file a police report and notify the Lessor.

For the time of a breakdown of the rental object in case of necessary replacement or repair due to damage, loss, loss or theft of the rental object for which the Lessee is responsible, the Lessor is entitled to charge the Lessee for the costs and loss of sales resulting therefrom.

Note: The liability of the renter can be limited to a general deductible of 250,- EUR by paying a fee of 5% of the order value. This includes compensation for destruction or damage due to unforeseeable events, loss of insured property due to burglary, theft, robbery or looting.

Further insured perils are:

  • Negligence, improper handling, intent by third parties
  • short circuit, overvoltage, induction, fire, lightning, explosion or implosion or byextinguishing, demolition, evacuation or loss during these events
  • Storm, hail, water, moisture or flooding
  • Force majeureRestrictions on insurance cover: In the event of simple theft or theft from or of the vehicle, a deductible of 25% also applies.

VIII Duties of the tenant

The lessee undertakes to treat the rental object carefully and expediently. All obligations associated with the possession, use and maintenance of the leased property shall be observed. The maintenance, care and use recommendations of the lessor must be followed. The tenant has confirmed that he or a person authorized by him is familiar with the proper use of the rental object. In particular, the relevant regulations for events must be observed.

In particular, the tenant must ensure a trouble-free power supply. The tenant is liable for any damage caused by power failures, interruptions or fluctuations.

The rented equipment is and remains the property of the lessor. The lessee shall leave the equipment in his immediate possession and use it only at suitable locations.

The Lessee is not entitled to sublet the leased property to third parties, to assign rights arising from the contract or to grant rights of any kind to the leased property. In the event that a third party asserts rights to the leased property by way of seizure or attachment, the Lessee is obligated to immediately notify the third party in writing of the fact of the Lessor’s ownership and to immediately inform the Lessor in writing.

IX. Liability of the lessor

The tenant’s no-fault claim for damages due to a defect in the leased property pursuant to Sec. 536 a para. 1 BGB is excluded.

The Lessor’s liability for damages in the event of a breach of material contractual obligations and in tort shall be limited to typically occurring and foreseeable damages, unless the Lessor is guilty of gross negligence or intent. The same applies if legal representatives or vicarious agents of the lessor act and cause damage. The liability for damages of the lessor as well as his legal representative or vicarious agent in case of breach of collateral duties is excluded, unless the lessor, his legal representative or vicarious agent is guilty of gross negligence or intent. The limitation and exclusion of the Lessor’s liability for damages shall not apply in the event of damage to body, health or loss of life.

X. Other provisions

1. applicable law

The law of the Federal Republic of Germany shall apply exclusively. Duty to inform acc. Consumer Dispute Settlement Act (§ 36 VSBG): The landlord is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

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