Terms & Conditions

(Rental agreement for equipment/vehicles)

1. Worth
   1. These GTC apply to leases between us and our customers, unless otherwise agreed in writing in individual cases.
   2. General terms and conditions of the customer shall not apply, unless expressly agreed otherwise.
2. Offer and conclusion
   1. Our offers are subject to change and non-binding, unless a specific binding period of the offer is guaranteed in writing.
   2. Contracts require our written confirmation in order to be concluded; Orders are also accepted without our written confirmation when we begin to fulfil the obligation to perform, in particular if the customer has received the requested rental items or if they have left the warehouse at the customer’s request.
   3. All agreements after conclusion of the contract, including changes, cancellations or additions, require our written confirmation to come into being. The cancellation of the written form can only be made in writing.
3. Scope
   1. Our scope of services results from the offer accepted by the customer or another written service description. We reserve the right to make minor or customary changes in the design, execution and design of the rental items provided, insofar as these are reasonable for the customer and do not endanger the purpose of the contract.
   2. Deadlines and dates are estimated dates, unless they are expressly agreed as binding.
   3. We are entitled to invoice additional services if they were not foreseen by any party when ordering, but were necessary within the scope of fulfilling the order and an agreement could not be made. If no prices have been agreed for additional services, the prices stated in the price list shall apply.
   4. We are entitled to commission subcontractors with the provision of the agreed service in whole or in part. A contractual relationship between customer and subcontractor does not come into existence as a result, our obligations towards the customer remain in force.
   5. The rented equipment remains our sole property and indirect possession. Any transfer of the equipment to third parties without our express written consent is inadmissible; this does not apply to employees of the customer. When concluding the contract or picking up equipment with a material value of more than EUR 1,000,– we may demand the name of the users of the devices or, in the case of motor vehicles, the driver. Use by unnamed third parties is not permitted. We are entitled to terminate the rental contract immediately and to take back the equipment if a transfer to third parties in breach of contract becomes known.
   6. A re-letting by the customer against payment is only permitted with written approval.
4. Obligations of the customer
   1. The customer is obliged to inform us in detail about the intended use of the rental items.
   2. If the leased item is picked up by the customer or a representative of him, it must still be inspected on site and obvious or recognized defects must be reported immediately to our staff. If an on-site inspection is not possible or only possible with disproportionate effort, the provisions on the obligation to give notice of defects in para. 4.3.
   3. In the case of transmission, the devices must be checked immediately by the customer upon acceptance. Obvious defects or incompleteness must be reported immediately after acceptance. Hidden defects must be reported immediately after the defects have been detected. If the complaint is omitted, any warranty claims shall lapse.
   4. The customer is obliged to treat the items provided to him with the necessary care. Even in the event of the transfer of our equipment to third parties against payment or free of charge, e.g. commercial or non-commercial subletting, the customer is obliged to insure the equipment himself and – without prejudice to his own liability – to settle any damage arising via his own insurance.
   5. The customer is obliged to report any damage occurring (whether through his own fault, coincidence or through the influence of third parties) to us immediately.
   6. The rental items may only be set up, operated and dismantled by competent persons in compliance with the technical regulations. If items are rented without personnel provided by us, the customer must ensure continuous compliance with all applicable safety regulations, in particular the accident prevention regulations of the employers’ liability insurance association and the guidelines of the Association of German Electrical Engineers, VDE. The customer is advised that specifications and operating instructions are usually accessible on the World Wide Web. If these instructions are not available on the net or if the customer cannot find these instructions, we are happy to make them available to him on request.
   7. The customer is obliged to take suitable measures to protect the equipment, in particular to protect against environmental influences such as heat, strong sunlight, sand, dust, moisture, seawater or rain, etc. as well as for protection in air, vehicle, high mountain, underwater, high sea or stationary photographs. The customer must assess possible dangers for the rental objects before use and must therefore inform himself in good time about impending weather changes. The customer is obliged to carefully secure the equipment against loss and theft. During loading, unloading and transport, the equipment must be protected by suitable packaging against impact, fall damage and shock damage.
   8. In the event of accidents or damages, the customer is obliged to take all measures necessary to defend or enforce the claim and to support our interests and those of the insurance company in the best possible way (e.g. determination of the identity of the parties involved, their insurance, damage assessment by the local police, etc.). In the event of an accident, the customer must inform us immediately, as far as possible from the scene of the accident, and follow the appropriate instructions of our employees to safeguard our interests.
   9. The use of the devices in troubled areas, in particular in civil war zones and war zones as well as in disaster areas and areas with radioactive radiation is prohibited.
   10. Vehicles may not be used to transport passengers or objects for remuneration in order to tow, push or otherwise move a vehicle or trailer.
   11. As soon as a vehicle is not in use, it must be kept locked and the steering wheel lock snapped into place.
   12. The customer undertakes to observe the applicable legal provisions (e.g. StVO, Road Haulage Act), such as those for the use of the tachograph (chart recorder) and, if necessary, to carry proper loading documents.
   13. The customer must inform us immediately of any judicial enforcement measures in our equipment. He shall bear the costs of all intervention measures to protect our property and possession rights as well as any damage caused by loss of rent due to enforcement measures.
5. Rental period,
   cancellation and termination
   
   1. The rental period begins on the day of provision and ends on the day of return to our warehouse, unless otherwise agreed. Minimum rental period is in any case the contractually agreed.
   2. The transport time is considered the rental period. If equipment is picked up before 3:00 p.m., the full daily rate for the day of collection must be paid. The same applies to return deliveries after 12.00 noon. If devices are returned after 12.00 noon, the agreed additional price must be paid or, if there is no agreement, the daily price.
   3. If an order is cancelled within 48 hours before the start of the agreed rental period, a distance fee of 85% of the total agreed rental fees must be paid. The customer is entitled to prove significantly less or no damage. The customer is given the opportunity to cancel the order at any time; in this case, we can demand the agreed remuneration as follows:
   4. up to 7 days before the start of performance: 30% of the total order value
   5. within 48 hours before the start of the service: 75% of the total order value
   6. within 24 hours before the start of the service: 100% of the total order value
   7. The amount of the cancellation fee takes into account that we have to work before the rented items are delivered or picked up. The customer is responsible for proving that we have saved deductible expenses exceeding the payment claims to which he is entitled by terminating the contract. If proof is successful, these additional savings must be deducted from the above-mentioned payment claims.
   8. The right to extraordinary termination for good cause remains unaffected for both parties. For us, there is an important reason if
   9. the performance of the contract becomes legally or factually impossible for reasons for which we are not responsible;
   10. the customer is in default of payment;
   11. the customer repeatedly fails to comply with his obligation to cooperate despite being requested to do so by setting a deadline;
   12. the customer has filed an application for the opening of insolvency proceedings against his assets;
   13. insolvency proceedings have been opened against the assets of the customer;
   14. the country in which the customer has its registered office or head office becomes involved in civil war or armed hostilities with another country, even if war has not been declared and it is partly or wholly occupied by another power.
   15. if the customer endangers operational safety or undertakes actions that are likely to endanger our employees, and he does not cease these actions despite a warning with a reasonable deadline.
   16. If we terminate the contractual relationship extraordinarily for an important reason for which the customer is responsible, the customer is obliged to compensate for the damage incurred. We may demand lump-sum damages in the amount of the order value or the agreed remuneration for the agreed term of the contract. The customer is entitled to prove that we have incurred no or less damage as a result of the termination. If we are in default with the service owed, the extraordinary termination of the customer, regardless of the further conditions, requires in any case that we do not comply with a grace period of at least ten working days set by the customer. Any termination must be in writing.
   17. In the event of termination in the event of impossibility through no fault of both parties, the customer shall reimburse us for the third-party costs already incurred up to that point and the claims of third parties against us with regard to the respective order.
   18. The transport costs shall be borne by the customer. He also bears the transport risk (regarding destruction, delayed delivery, etc.), even in the event that the transport was organized by us at the request of the customer. This also applies in the case of dispatch by us or our representative. Packaging costs shall be borne by the customer; they are charged at cost price.
   19. When sending the rented items abroad, the customer undertakes to properly handle the customs procedure and also bears costs and possible risks, e.g. import restrictions.
6. Rent payment
   1. The rent for the provision of our equipment including accessories is determined according to our price list valid at the time of conclusion of the contract, unless a deviating agreement is made in text form.
   2. Without prejudice to para. 5.2 In case of doubt, rental fees will be charged according to full daily rates. Saturdays, Sundays and public holidays are also charged in full.
   3. Prices quoted to entrepreneurs are net prices plus VAT. of the statutory value added tax.
   4. For equipment sets that are rented according to the valid price list with accessories at lump sums or at a separately agreed flat rate, the full rental price according to the price list or agreement must be paid even if individual accessories are not supplied at the customer’s request.
   5. In all other respects, the type, duration and provision of equipment and motor vehicles are generally governed by the individual contract.
   6. Mileage charges for vehicles are calculated according to the kilometres calculated on the installed meter. In case of failure of the odometer, the fees will be charged for the distance covered on the road map plus VAT. 20%. Motor vehicles are handed over to the customer with a full tank of fuel and must be returned by the customer with a full tank. If the route is not known, a flat rate of 200 km per day shall be used for motor vehicles. The customer has the right to prove a lower number of kilometers driven.
7. Terms of payment
   1. If delivery is made against invoice, the invoice amount is due and payable without deduction within 14 days of the invoice date. We are not obliged to accept cheques or bills of exchange. Cheques or bills of exchange are always accepted only on account of performance, discount and bill charges shall be borne by the customer and shall be due immediately.
   2. We are entitled to charge a fee of EUR 40.00 per reminder from the 2nd reminder letter. The customer is entitled to prove that no or significantly less damage has occurred. If the customer is in default, we are entitled to demand the statutory default interest, but at least interest in the amount of 8% above the base interest rate. The assertion of further claims remains unaffected.
   3. If we become aware of circumstances that call into question the solvency or willingness to pay of the customer, in particular if cheques are not cashed or payments are suspended or if payments due are in default, we shall be entitled to demand immediate payment of the entire remaining debt, even if cheques have been accepted beforehand, payment terms and deferrals have been granted. In this case, we are also entitled to demand advance payments or securities or to withdraw from the contract after setting a reasonable deadline.
   4. If the customer is an entrepreneur, he is only entitled to set-off, retention or reduction, even if notices of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
   5. In the event of termination, the customer hereby authorizes us to enter any room in which the rental items are stored, waiving his domiciliary right to repossess our property.
   6. In the event of default of payment by the customer – regardless of the reason – we shall also be entitled to satisfy ourselves from such securities which the customer has transferred to us from other business relationships with our company. This refers in particular to the exploitation of objects handed over or transferred as security and transferred exploitation rights.
   7. In the event of insolvency of the customer (application for insolvency, opening or rejection of insolvency proceedings), we are entitled to realise any securities within the framework of the Insolvency Code.
   8. In the event of default in payment, out-of-court settlement proceedings or judicial collection of the due claim by us, approved discounts shall subsequently lapse. We are then entitled to demand the list prices valid at the time of conclusion of the contract.
8. Bail
   We are entitled to charge a deposit in the amount of the replacement value of the equipment before handing over the equipment. We alone are entitled to interest from the deposit amount. Instead of a deposit, the customer can alternatively provide a directly enforceable guarantee from a major German bank.
9. Liability / Warranty
   1. The strict liability for initial defects according to § 536a BGB is excluded.
   2. We do not guarantee that the rented equipment will satisfy the customer’s intended use. It remains the responsibility of the customer that the desired result can also be achieved with the rented equipment.
   3. We shall only be liable for damages without limitation, irrespective of the legal grounds, in the event of intent and gross negligence as well as in the event of personal injury. In the event of a negligent breach of a material contractual obligation (cardinal obligation – i.e. obligations on the observance of which a customer could rely and whose fulfilment makes the proper execution of the contract possible in the first place), our liability is limited to compensation for the foreseeable, typically occurring damage in the amount of EUR 10,000,–. In all other respects, liability for negligently caused damage is excluded. Liability under the Product Liability Act remains unaffected by the above provisions. The limitation of liability also applies in particular to damage to image and sound material, e.g. caused by data loss or corruption.
   4. The same applies to the fault of our employees, employees or vicarious agents.
   5. Towards companies, legal entities under public law and special funds under public law within the meaning of § 310 para. 1 BGB, we are also not liable for gross negligence on the part of our vicarious agents with the exception of executives or our organs.
   6. We shall not be liable in cases of force majeure, strikes, lockouts or for the conduct of suppliers and suppliers in comparable cases.
   7. The warranty claims of the customer initially consist of the right to rectification and replacement delivery within a reasonable period of time. If the repair fails or the replacement delivery is also unsuccessful, the customer can demand a reduction of the rent, terminate or withdraw from the contract.
   8. The place of performance for remedying defects is our company headquarters in Cologne. If, at the customer’s request, we remedy the situation at another location, the customer shall bear the additional costs incurred as a result.
   9. The customer is obliged to regularly check the sound and image quality of digital cameras for possible defects. He is expressly made aware that the technical success of the sound and image recordings can be assured.
10. Insurances
    1. In principle, the rented equipment must be insured by the customer by means of a film apparatus or transport insurance at the current replacement value. Before delivery of the rented items, the customer must present a certificate of the insurance taken out (policy), which identifies us as the beneficiary. On special request, the customer can take out film equipment and transport insurance through us in Germany. This insurance will be invoiced separately. Insofar as we take over the insurance in Germany at the request of the customer, the customer bears a deductible of € 500.00 for each damage.
    2. Significant changes in the hazard situation and all special features that go beyond the usual scope of use of the devices (risk-increasing risks) must be reported and reported separately before filming begins. The costs for any additional insurance required shall be borne by the customer, regardless of whether he insures the devices himself or through us. In the event of theft, embezzlement, embezzlement by third parties and other loss of the leased item, the customer shall be liable regardless of fault. Changes and/or repair interventions on the rented equipment are generally not permitted. In exceptional cases, they can only be carried out with our prior written consent.
    3. Unless the customer proves before conclusion of the rental contract or on delivery an insurance taken out by him or taken out by us for him, which identifies us as the beneficiary, the rental equipment will be insured by us at the expense of the customer in accordance with the general insurance conditions for the insurance of film cameras of the German Film Insurance Association. The insurance conditions of Gothaer Versicherung are available at our business premises and can be handed out at any time on request and are www.findertv-kameraverleih.de available for download on the website. The insurance cover is valid worldwide. For the customer, in particular, notification obligations apply to the responsible police stations in the event of damage caused by theft, robbery, etc. as well as the aforementioned notification obligations and damage mitigation obligations to the extent possible. In the event of non-compliance with these obligations of the customer, the insurance cover may be waived. In the case of approved commercial subletting of our equipment by the customer, a claim against our insurance is excluded.
11. Failure damage
    1. The customer undertakes to pay compensation in the amount of the lost rental fee for the duration of the removal of the damage caused by him or until replacement in the event of total loss or loss.
    2. The rental period for equipment and motor vehicles is generally determined by individual contract according to the date and, if applicable, the time. If the customer exceeds the specified rental periods without our prior written consent and therefore makes it impossible for us to transfer the rented object to use to a follow-up customer, we have the right to demand damages at least in the amount of the claims of the connecting customer addressed to us.
12. Return of rental items
    By taking back the devices and motor vehicles, we do not confirm that they have been handed over without defects. We expressly reserve the right to inspect the equipment and motor vehicles in detail and to report any defects and losses (shortages) up to 4 weeks after return. At the latest when returning the devices, the customer is obliged to draw our attention to any damage to the devices without being asked. This also applies if the customer considers damage only possible.
13. Place of performance, place of jurisdiction, applicable law, final provision
    1. If the customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, […] Venue. In this case, we are also entitled to sue the customer at our discretion at his general place of jurisdiction. The same shall apply mutatis mutandis in the event that the customer does not have a general place of jurisdiction in Germany, moves his domicile or habitual abode outside Germany after conclusion of the contract or his domicile or habitual abode is unknown at the time the action is brought.
    2. The contract in accordance with these General Terms and Conditions of Business and Delivery is subject exclusively to the law of the Federal Republic of Germany. The validity of the UN Convention on Contracts for the International Sale of Goods and the conflict of law provisions of international private law is excluded. If the customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory consumer protection provisions of this state remain unaffected.
    3. Should any provision of these terms and conditions or a provision within the framework of other agreements between us and the customer be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions or agreements. Invalid provisions or agreements shall be replaced by effective ones that come closest to the intended economic purpose.