General Terms and Conditions of Business and Rental Eurorent GmbH
I. Validity
All our rental and crane services are based on the following conditions,
insofar as there are no mandatory provisions to the contrary. This also applies to future
Rentals.
Should any provision of our GTC be or become ineffective, it shall be replaced by the following
a provision that comes closest to the invalid provision. The effectiveness of the other
provisions shall remain unaffected.
At the same time, the landlord objects to the inclusion of GTCs by the tenant.
II. conclusion of contract
1. requests for quotations and prices which only serve to inform potential customers
shall be clearly marked as such. Offers and price information are
basically non-binding and subject to equipment availability.
In principle, rental contracts can be concluded informally orally, in writing, by telephone or by electronic data transmission. The content of the contract shall then be summarised in our order confirmation and shall be binding on the contracting parties unless it is immediately contradicted.
III Delivery / Collection / Liability
1. the lessor shall keep the unit ready for hire in an operable condition.
In the case of rental equipment requiring transport, the hirer shall be responsible for transport from the hirer to the
place of operation and back. The lessee shall undertake the transports for his own account and
Danger. The lessee shall use recognised and reliable forwarding agents for this purpose.
Insofar as Eurorent GmbH is to carry out delivery and collection of the rental equipment, the
to trigger the intended return transport in such good time that, under
Based on usual response times of up to 5 working days, the rental equipment on time.
arrives back at the landlord.
2. the lessor shall endeavour to provide the rental equipment punctually at the agreed time.
If the landlord defaults in this respect, he shall be liable to the tenant for no more than the amount,
which the tenant would have had to pay as rent for the period of the delay.
Further claims for damages are excluded, with the exception of those based on intent or
gross negligence are excluded. Instead of compensation, the tenant may
also withdraw from the contract after setting a reasonable period of grace with threat of rejection
resign.
3. the lessor shall not be liable for damages and defects caused by improper operation
have been caused by the tenant. Defects occurring by chance entitle the tenant to
only to claim a rent reduction for the period of the unusability of the
device, unless the lessor is guilty of gross negligence or intent in this respect.
Load. Liability for damages, irrespective of the legal grounds, with the exception of
claims for damages arising from injury to life, body or health, is
excluded in the event of simple negligence. Indirect damage and consequential damage,
which are the result of defects in the rental object are also only eligible for compensation insofar as
such damage is typically to be expected when the product is used for its intended purpose.
If, however, the landlord is in default with the rectification of a justified defect, then
the tenant may withdraw from the contract. The above exclusions of liability and
Restrictions shall apply to the same extent in favour of legal representatives, employees
and other vicarious agents of Eurorent GmbH.
4. the lessor assumes no guarantee for the technical feasibility of the
Tenant intended works. The lessor accepts no liability for incorrect orders
due to incorrectly estimated working heights, reaches or loads by the hirer.
5. site inspections only serve to select the right rental equipment.
6. the hirer is responsible for ensuring that the ground, space and other conditions at the
The site of operation as well as the access and departure routes must be properly and
allow the order to be carried out safely, including delivery and collection.
If the tenant does not comply with this, he is in default of acceptance. The tenant is
obliged to inform himself of any restrictions at the place of use, such as passage heights and
widths, sufficient load-bearing capacity of the terrain, existing pipelines, possible
height / weight restrictions etc. prior to conclusion of the contract and to inform the
Landlord without delay. For bringing the equipment into and out of the construction site
or from the construction site is the sole responsibility of the tenant. The landlord is obliged to provide the
The hirer shall provide all technical data such as axle loads, tare weights, etc. upon request,
support pressures and dimensions of the rental equipment. For projects whose
implementation require the permission or approval of the competent authority,
in particular such permits pursuant to § 18 Abs. 1 sentence 2 and § 22 para. 2, 4 and § 29
Abs. 3 and § 46 Abs. 1 No. 5 StVO and § 70 para. 1 StVZO, bears the risk of the
Permission granted by the tenants. This shall also apply if the landlord has
The first step is to have the official take care of the formalities in this regard.
(7) If the main service provided by the landlord is the provision of a movable
hoist including operating personnel to the lessee for the performance of work in accordance with
the instruction and disposition of the latter, the lessor shall be liable for damage caused by the
operators only if he has not carefully selected the operators.
and the tenant proves this. For the rest, the tenant is liable.
IV. Commissioning / handover
IV. Commissioning / handover1. The hirer must satisfy himself of the condition of the unit when handing it over.
A handover protocol shall be drawn up for this purpose. Later complaints are excluded.
If defects in the rental object occur after commissioning, these must be reported immediately.
Display.
3. the lessee undertakes to use the leased property only for the intended purpose, to
relevant accident prevention and occupational safety regulations, as well as the
carefully observe road traffic regulations and relevant rules of technology.
4. the rented items may only be used within the scope of the respective permissible basket loads or
loads can be used. The hirer is obliged to use the unit with the greatest possible
and transport them with care and to avoid anything that could lead to a
excessive stress, wear or damage. Sandblasting
may not be carried out in the area of the rental unit. For the tenant can
additional costs due to inadequate maintenance work, improper use or
expensive cleaning process.
5. the lessee shall be obliged to inspect the entire contents of all handed over
to take note of the documentation (operating instructions and maintenance instructions) and to observe the
Notes to follow. If he breaches this obligation, he shall be liable for all resulting
Damage.
The tenant must check the fuel level once a day in accordance with the operating instructions.
check. Any leaks that occur must be reported to the landlord immediately.
Preventive measures to avoid consequential damage from this are to be taken by the tenant.
take hold.
7. subletting or other transfer to third parties by the tenant is not permitted.
excluded. The hirer is responsible for ensuring that the rental equipment is only used by
The use of the equipment by authorised persons who are in possession of the necessary skills and who have been
are instructed in writing. The rental object is protected against theft by the tenant,
to secure misappropriation, other loss or damage of any kind
(duty of care).
8. the rental properties may be owned by a leasing / financing company and may be
are therefore not the property of the landlord. Neither landlord nor subtenant are
to sell, pledge, give away or pledge the object as security.
nor to encumber them in any other way. In cases where a
leasing/financing company is the owner of the respective property, the
The respective subtenants are only entitled to a derived right of use. Should a third party
by seizure, attachment or the like, assert rights to the leased property.
the Tenant shall be obliged to inform the Landlord thereof without delay.
V. Prices and billing
1. the rental equipment is generally only rented for working days (Mon-Fri) with an
Operating time of max. 8 hours a day. The use in a multi-shift system or for
Night times must be stated when the contract is concluded and justify the charging of night or daytime rates.
Multi-shift surcharges. If the units are equipped with an operating hours logging system, the
After the return of the unit, the lessor shall be entitled, on the basis of the
Data evaluation to account for multiple uses. In the event of non-agreed additional uses and
in the case of concealed additional uses, such as uses at weekends,
On public holidays or in multi-shift operation, the lessor shall be entitled, when invoicing the
The highest rent in the rent scale shall be used as a basis for multiple uses. At the
Determination of graduated price concessions remains periods of non-agreed or
The additional use that was not disclosed is not taken into account.
2. in the case of daily rental, the day of delivery and collection shall also be deemed to be the rental period.
3. if, for reasons of weather, poor ground conditions or defective
preparation of the hirer or third parties does not commence work with the hired equipment, or
the landlord shall be entitled to demand the agreed remuneration for the
the entire rental period, without the lessor being able to recover saved expenses.
must be credited.
4. unless expressly agreed otherwise, all invoices shall be payable immediately after
Invoicing to be paid
5. the lessor is in principle entitled, prior to making the rental equipment available, to carry out a
appropriate advance payment or, during the rental period, appropriate
to demand interim payments.
VI. Lessor’s Right of Retention
1. in the event of non-compliance with payment deadlines, the lessor shall be entitled to demand any
withhold any outstanding payments until the outstanding payments have been settled.
Agreed deadlines and dates shall be extended accordingly.
2. the lessor may, at his option, either refuse to continue to provide
Equipment dependent on full payment of the corresponding order value
or, at its option, without any claim for compensation on the part of the tenant, from the
fulfilment in whole or in part and to pay a lump sum of 25 % of the
calculate the value of the order. In this context, proof of a higher or lower
value of the order shall remain unaffected.
3. a set-off by the tenant with his own counterclaims against the landlord shall be excluded.
is excluded, unless counterclaims of the tenant are undisputed or legally binding.
are established.
VII Start and end of the rental period
1. the tenancy ends at the earliest with the expiry of any agreed minimum tenancy period
and at the earliest with the complete return delivery of the rental equipment to the lessor’s location.
Tenancies with a fixed end of tenancy (expressly marked as FIX) end with
expiry of the period for which they were received, automatically, but also at the earliest on
Return delivery of the rental unit to the lessor. Unless otherwise agreed, the following shall apply to
A minimum operating time of one hour for mobile cranes and one hour for working platforms without
Operating personnel a minimum deployment time of one day.
2. in the case of tenancies without a specifically determined end of tenancy, the tenant shall
to notify the customer in writing in good time of the time of use (notification of release) and the return delivery in good time.
to organise beforehand. As long as there is no written notification of exemption, the
rental relationship tacitly by one day, if the rental price per day is agreed, by
one week at a time if the rental price is agreed per week, or by one month,
if the rental price is agreed per month. In any case, the tenancy only ends with
complete return of the rental object to the lessor. The landlord is in principle
entitled to determine the period between the release and the return of the rental object according to the
originally agreed rental prices.
3. the return delivery shall only be deemed to be complete when the rental equipment has been returned with all the
required parts and in a condition in accordance with the contract on the premises / storage yard of the
landlord arrives. If a collection is not possible for reasons for which the Hirer is responsible, the
possible, the tenancy shall be extended until the obstacle to collection has been removed.
at the previous conditions. Any additional costs for empty runs shall be borne by
The tenant shall bear the costs.
The duty of care of the hirer shall also end in the event of agreed collection by the
Landlord only with this date. The rental equipment will only be taken back during
the usual business hours of the lessor, unless other return dates have been agreed.
expressly agreed at the time of handover.
4. the rented equipment is to be returned in a fully functional, properly cleaned and
The rental object shall be returned to the Lessor in the condition in which it was given to the Lessor without damage.
5. if the hirer or his staff working for him discovers circumstances prior to return that could affect the
If the customer questions the continued use of the appliance, he is obliged to return the appliance.
Landlord to point this out.
VIII. Insurance cover/ loss of the rental object/ damage settlement
If the rental object is rented out with insurance, the lessor shall have a
Machinery insurance. In the event of damage to the appliance that exceeds the agreed excess
we will charge the agreed deductible per loss event. In the case
of theft and embezzlement, deviating deductible rates apply according to
The insurance policy in question provides for unlimited liability. For the rest, the following shall be liable
However, the hirer shall be liable without limitation for damage resulting from the following causes:
a) improper use
b) unauthorised subletting of the machine or handing over to a person who is not
authorized third parties
(c) causing damage by gross negligence or wilful misconduct
d) Damage to the tyres
e) Damage due to special hazards such as hydraulic construction sites, on floating
Equipment or in the vicinity of water bodies
When calculating the damage, the lessor may, at his option, use an abstract
Calculate the damage on the basis of an expert opinion or
a concrete calculation of the damage on the basis of the necessary
Carry out repair work.
If the repair is carried out by a specialist repair company or a third party company, the damage calculation is based on their repair invoice. The lessor is entitled to charge for each
In the event of a claim, a processing fee of € 25.00 plus VAT will be charged. VAT to compensate for the
increased expenditure.
However, the landlord may also, at his option, carry out the repair himself by his own
The work can be carried out by personnel in your own workshop. In this case the tenant accepts
the following hourly rates and prices:
– Wage workshop € 58.00 per hour plus VAT. VAT
– Painter’s wage € 75.00 per hour plus VAT. VAT
Spare parts costs will be invoiced according to the purchase invoices plus VAT. of a
processing fee in the amount of € 25.00 plus VAT. VAT
For installation work on the construction sites to repair damage that the tenant is responsible for.
the following additional hourly rates and prices shall apply:
– Arrival and departure times € 58.00 per hour plus VAT. VAT
– each kilometre driven at € 1.20 plus VAT. VAT
IX. Termination
1. the tenancy agreement concluded for a certain rental period is in principle binding for both parties.
Contractual partner irrevocable. Such contracts shall be separately identified by the wording “FIX”.
marked.
Contracts with a minimum rental period are also subject to a minimum rental period during the term of the contract.
irredeemable.
2. in the case of tenancy agreements for an indefinite period or after the expiry of a minimum tenancy period, the following shall apply
the notice period:
– 1 day at the end of the day if the rental price per day is
– 2 days to the Friday of the current week, if the rental price per week and
– 1 week to the end of the current month if the rent per month is
is agreed.
3. the landlord is entitled to terminate the tenancy agreement extraordinarily after giving notice without
to terminate the contract with a period of notice if
– the tenant is more than 14 calendar days late with the payment of a due amount.
is in arrears.
– facts become known to the lessor after conclusion of the contract, according to which the
creditworthiness of the tenant deteriorates significantly.
– the Hirer does not use the hired object or parts thereof for the intended purpose or takes it to a place not known to the Owner.
X. Other
The head office of the lessor is Wendelstein. The place of jurisdiction for both contracting parties is the
Head office of the lessor.
These GTC and the contractual relationship between the landlord and the tenant shall be governed by the law of the
Federal Republic of Germany to the exclusion of international uniform law, in particular
of the UN Sales Convention.