General Terms and Conditions of Business and Rental Eurorent GmbH
I. Validity
All our rental – and crane rental services are based on the following terms and conditions ,
unless they contradict mandatory regulations. This applies also to future
leases.
Should a provision of our GTC be or become invalid,
a provision that comes as close as possible to the invalid provision shall take its place. The validity of the remaining
provisions shall remain unaffected by this.
The landlord also objects to the inclusion of GTC by the tenant.
II. conclusion of contract
1. requests for quotations and prices that are only intended to provide information to potential customers
must be clearly marked as such. Offers and price information are
always non-binding and subject to the availability of equipment.
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 must keep the equipment ready for rental in an operational condition.
In the case of rental equipment that must be transported, the lessee is responsible for transportation from the lessor to the
place of use and back. The hirer undertakes the transportation at his own expense and
risk.
The Lessee shall use recognized and reliable forwarding agents for this purpose.
If Eurorent GmbH is to carry out delivery and collection of the rental equipment, the
Lessee shall initiate the intended return transport in good time so that the rental equipment arrives back at the Lessor punctually
, taking into account the usual response times of up to 5 working days.
2. The Lessor shall endeavor to provide the rental equipment punctually at the agreed time.
If the Lessor is in default in this respect, he shall be liable to the Lessee for no more than the amount
that the Lessee 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. Instead of compensation, the tenant
may also withdraw from the contract
after setting a reasonable grace period with a warning of refusal.
3. the landlord is not liable for damage and defects caused by improper operation
by the tenant. Accidentally occurring defects only entitle the lessee
to claim a rent reduction for the period of non-usability of the
device, unless the lessor is guilty of gross negligence or intent in this respect
. Liability for damages, regardless of the legal grounds, with the exception of
claims for damages arising from injury to life, body or health, is
excluded in the case of simple negligence. Indirect damages and consequential damages,
which are the result of defects in the rental object, are also only eligible for compensation if
such damages are typically to be expected when the rental object is used as intended.
However, if the lessor defaults on rectifying a justified defect,
the lessee may withdraw from the contract. The above exclusions of liability and
limitations shall apply to the same extent in favor of legal representatives, employees
and other vicarious agents of Eurorent GmbH.
4. the lessor accepts no liability for the technical feasibility of the work intended by the
lessee. The lessor accepts no liability for incorrect orders
due to incorrectly estimated working heights, ranges or loads by the lessee.
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 place of use as well as the access and departure routes permit proper and
safe execution of the order, including delivery and collection.
If the hirer fails to comply with this, it shall be in default of acceptance.
The hirer is
obliged to inform himself about any restrictions at the place of use, such as passage heights and widths, sufficient load-bearing capacity of the terrain, existing lines, any
height / weight restrictions, etc. before concluding the contract and to inform the
hirer immediately. The hirer is solely responsible for bringing the equipment into and out of the
construction site. The lessor is obliged to provide the
lessee with all technical data such as axle loads, dead weights,
support pressures and dimensions of the rental equipment upon request. In the case of projects whose
implementation requires the permission or approval of the competent authority,
in particular such approvals pursuant to Art. § 18 Abs. 1 sentence 2 and § 22 para. 2, 4 and § 29
para. 3 and § 46 Abs. 1 No. 5 StVO and § 70 para. 1 StVZO, the hirer bears the risk of
approval being granted. This also applies if the lessor is to take care of the
formalities in this regard.
7. if the main service of the lessor consists of the provision of a mobile
hoist including operating personnel to the lessee for the performance of work in accordance with
its instructions and disposition, the lessor shall only be liable for damage caused by the
operating personnel if it has not carefully selected the operating personnel
and the lessee proves this. For the rest, the tenant is liable.
IV. Commissioning / handover
1. the hirer must check the condition of the appliance when it is handed over.
A handover report will be drawn up. Later complaints are excluded.
2. if defects in the rental object occur after commissioning, these must be reported immediately to
.
3. the lessee undertakes to use the rental item only as intended, to carefully observe the
relevant accident prevention and occupational safety regulations, as well as the
road traffic regulations and relevant technical rules.
4. the rented items may only be used within the scope of the respective permissible basket loads or
load capacities. The hirer is obliged to use and transport the equipment with the greatest possible
care and to avoid anything that could lead to
excessive strain, wear or damage. Sandblasting work
may not be carried out in the area of the rental device. The hirer may
incur additional costs due to inadequate maintenance work, improper use or
time-consuming cleaning.
5. the hirer is obliged to take note of the entire content of all
documents provided (operating instructions and maintenance instructions) before commissioning and to observe the
instructions. If he violates this obligation, he shall be liable for all resulting
damage.
6. fuel levels must be checked once a day by the Hirer in accordance with the operating instructions at
. Any leaks must be reported to the lessor immediately.
The lessee must take preventive measures to avoid consequential damage
.
7. subletting or other transfer to third parties by the lessee is
excluded. The lessee is responsible for ensuring that the rental equipment is only used by
authorized persons who are in possession of the necessary skills and have been commissioned in writing by
. The rental object is to be secured by the renter against theft,
misappropriation, other loss and damage of any kind
(duty of care).
8. the rental objects may be the property of a leasing/financing company and therefore
not be the property of the lessor. Neither lessor nor sublessee are
authorized to sell, pledge, give away, transfer as security to
or otherwise encumber the property in any way. In cases where a
leasing/financing company is the owner of the respective object, the
respective subtenants are only entitled to a derived right of use. Should a third party
assert rights to the leased property through confiscation, seizure or similar
, the lessee is obliged to inform the lessor of this immediately.
V. Prices and billing
1. the rental equipment is generally only rented for working days (Mon-Fri) with a maximum period of use of
. 8 hours a day. Use in a multi-shift system or at
night times must be stated when the contract is concluded and justifies the invoicing of night or
multi-shift surcharges. If the equipment is equipped with an operating hours recording system,
the lessor is entitled to invoice additional usage on the basis of the
data evaluation after the equipment has been returned. In the case of additional usage not agreed and
in the case of concealed additional usage, such as usage at weekends,
public holidays or in multi-shift operation, the lessor is entitled to base the billing of
additional usage on the highest rental price of the rental scale. When
determining graduated price reductions, periods of unagreed or
concealed additional use are 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 work with the rental equipment cannot be commenced or
continued due to weather conditions, poor ground conditions or inadequate
preparation by the hirer or third parties, the lessor shall nevertheless be entitled to charge the agreed remuneration for
the entire rental period, without the lessor having to allow any expenses saved
to be offset.
4. unless expressly agreed otherwise, all invoices are to be paid immediately after
invoicing
5. the Lessor is generally entitled to demand a
reasonable advance payment before making the rental equipment available or reasonable
interim payments during the rental period.
VI. Lessor’s Right of Retention
1. in the event of non-compliance with payment deadlines, the lessor shall be entitled to withhold any
outstanding services until the outstanding payments have been settled.
Agreed deadlines and dates shall be extended accordingly.
2. the lessor may, at his discretion, either make the further provision of
equipment dependent on full payment of the corresponding order value
or, at his discretion, withdraw from the
fulfillment in whole or in part without any claim for compensation by the lessee and charge a lump sum of 25% of the
order value as compensation. The right to prove a higher or lower
order value remains unaffected.
3. offsetting by the tenant with his own counterclaims against the landlord
is excluded unless the tenant’s counterclaims are undisputed or have been legally established
.
VII Start and end of the rental period
1. the rental relationship ends at the earliest upon expiry of any agreed minimum rental period
and at the earliest upon complete return of the rental equipment to the lessor’s location.
Rental relationships with a specific rental end date (expressly marked as FIX) end automatically upon expiry of the period for which they were entered into
, but also at the earliest upon return of the rental equipment to the lessor
. Unless otherwise agreed, a minimum rental period of one hour applies to
mobile cranes and a minimum rental period of one day applies to work platforms without
operating personnel.
2. in the case of rental relationships without a specific end of rental period, the lessee must notify
of the end of the rental period in writing in good time (notification of release) and organize the return delivery in good time
beforehand. As long as no written notification of release has been received, the
rental relationship shall be tacitly extended by one day if the rental price per day has been agreed, by
one week if the rental price per week has been agreed, or by one month,
if the rental price per month has been agreed. In any case, the rental relationship shall only end upon
complete return of the rental object to the Lessor. The landlord is generally
entitled to invoice the period between notification of release and return of the rental object in accordance with the
originally agreed rental prices.
3. the return delivery shall only be deemed complete when the rental equipment arrives at the
lessor’s premises / storage area with all
required parts and in the condition stipulated in the contract. If collection is not possible for reasons for which the hirer is responsible
, the rental agreement shall be extended at the previous conditions until the obstacle to collection
has been removed. Any additional costs for empty runs shall be borne by the hirer
.
The Lessee’s duty of care shall only end at this time, even in the event of agreed collection by the
Lessor. The rental equipment shall only be taken back during
the lessor’s normal business hours, unless other return dates
were expressly agreed at the time of handover.
4. the rental equipment must be returned to the lessor in a fully functional, proper, cleaned and undamaged condition in accordance with the
dedication.
5. if the lessee or his personnel acting on his behalf discovers circumstances before returning the equipment which call into question the
continued use of the equipment, he is obliged to inform the
lessor of this when returning the equipment.
VIII. Insurance cover/ loss of the rental object/ damage settlement
If the rental item is rented with insurance, the lessor is covered by
machine insurance. In the event of damage to the machine that exceeds the agreed deductible
, we will charge the agreed deductible per loss event. In the case
of theft and misappropriation, different excess rates apply in accordance with
the respective insurance, up to unlimited liability. In all other respects, however,
the renter is liable without limitation for damage resulting from the following causes:
a) improper use
b) unauthorized subletting of the machine or transfer to a third party not authorized by
c) grossly negligent or intentional causation of damage
d) damage to the tires Damage to the tires
e) Damage due to special hazards such as water construction sites, on floating
equipment or in the vicinity of bodies of water
When calculating the damage, the Rental Firm may, at its discretion, perform an abstract
damage calculation on the basis of an expert opinion or
perform a concrete damage calculation on the basis of the necessary
repair work carried out.
If the repair is carried out by a specialist repair company or a third-party company, the damage calculation shall be based on their repair invoice. The lessor is entitled to charge a processing fee of €25.00 plus VAT for each
case of damage to compensate for the
increased expense.
However, the Lessor may also choose to have the repairs carried out by its own
staff in its own workshop. In this case, the Hirer 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. a
processing fee in the amount of € 25.00 plus VAT
The following additional hourly rates and prices apply for installation work on construction sites to repair damage for which the lessee is responsible
:
– Arrival and departure times € 58.00 per hour plus VAT. VAT
– each kilometre driven at € 1.20 plus VAT. VAT
IX. Termination
1. the rental agreement concluded for a specific rental period is generally non-cancellable for both
contracting parties. Such contracts are identified separately by the wording “FIX”
.
Contracts with a minimum rental period can also not be terminated during the minimum rental period
.
2. in the case of rental agreements for an indefinite period or after the expiry of a minimum rental period, the notice period is
:
– 1 day to the end of the day, if the rental price per day
– 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 rental price per month
is agreed.
3. the landlord is entitled to terminate the tenancy agreement extraordinarily after giving notice without
observing a period of notice if
– the Lessee is more than 14 calendar days in arrears with the payment of an amount due to
.
– the Lessor becomes aware of facts after the conclusion of the contract according to which the
creditworthiness of the Lessee deteriorates significantly.
– the Lessee does not use the rental object or parts thereof as intended or moves it to a location unknown to the Lessor.
§ X Prohibition of assignment / No cooperation with factoring companies
(1) The assignment or transfer of claims of the contractual partner against us, regardless of the legal basis, to third parties – in particular to factoring companies – is excluded without our prior express written consent.
(2) An assignment made without this consent is invalid in accordance with § 399 BGB.
(3) We reserve the right to grant consent only in exceptional cases and at our own discretion.