General Terms and Conditions
MY SPACE EVENT SARL
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1. Scope of Applicability
- The general conditions apply to all rental agreements for tents and the associated material between the contracting parties
- The lessee’s purchasing conditions do not apply, even if the lessor does not expressly object to such conditions in individual cases.
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2. Offers and conclusion of contract
- Our offers are non-binding. We expressly reserve the right to rent the offered material to other parties until the contract is concluded.
- Verbal agreements or changes of any kind require written confirmation by the landlord to be effective.
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3. Prices
- The rental prices include transport, assembly and dismantling, insofar as transport and assembly are carried out by the lessor or these costs are not shown separately.
- The rental period begins with the loading of the material at the lessor’s and ends with the return delivery to the lessor after the agreed rental period has expired. If the agreed rental period is not adhered to, the lessor is entitled to continue to charge the agreed rental price pro rata temporis until the material has been returned in full. Further claims for damages are not affected by this.
- All prices are increased by the applicable VAT
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4. Renter’s Obligations
- The renter must ensure that the building site is suitable for erecting the rented tent. The floor must be flat and level. Any unevenness that needs to be leveled out and the associated costs are borne by the tenant. Furthermore, the area must be sufficiently large, taking into account escape routes, bypasses and officially required distance areas.
- The lessee must ensure that access roads and the construction site are accessible for trucks with a permissible total weight of up to 38 t. The material must be able to be loaded and unloaded directly where the tent is erected, if necessary using a forklift or truck-mounted crane.
- The lessee is obliged to inform the lessor’s responsible foreman of all lines laid in the ground as well as other underground systems without any doubt before the start of construction. If the tenant does not meet this obligation, he is liable for all damage caused by the tent anchoring to lines or other underground facilities that are not indicated, including consequential damage. He already releases the landlord from third-party claims.
- In the event of snowfall, the renter must ensure that no snow remains on the tent roof; damage related to snow loads is at the expense of the renter.
- If there is a risk of storm or bad weather, the tenant must ensure that all entrances and exits of the tent are tightly closed. If damage to the tent is imminent or occurs, the renter must do everything reasonable to prevent further damage or to keep it to a minimum. The landlord must be informed immediately.
- The lessee may not make any changes to the rented material without the prior consent of the lessor, except in the cases mentioned under point 5.
- After the order has been confirmed, the following cancellation fees will be charged to the tenant:
- up to 12 weeks before the start of the rental period 25%,
- up to 6 weeks before the start of the rental period 50%
- up to 1 week before the start of the rental period 75%
- and the last 6 days before the start of the rental period, 100% cancellation fees are due for payment by the renter.
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5. Building inspection
- The tenant is obliged to inform the local building control authority about the planned tent construction. The acceptance date with the authorities is to be chosen in such a way that the foreman of the lessor can take part in the acceptance.
- The landlord provides the valid test book belonging to the tent for the building inspection. If a test book has not yet been issued, a provisional test certificate is sufficient. The documents may only be used in connection with the acceptance as they are protected by copyright.
- The lessee must fulfill all of the conditions required by the building inspectorate, unless they relate to the tent construction. Necessary fire extinguishers, signs for emergency lighting and exits are to be kept ready for use or attached by the tenant. IV. The tenant bears the fees incurred for the building inspection.
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6. Liability
- The lessee shall bear the costs for impairments which go beyond normal wear and tear and which arise during the rental period. This also includes applying paint or sticking foils to the material that cannot be removed without leaving any residue. The lessee shall bear the costs for restoring the material or replacing parts that are no longer usable.
- Due to violation of contractual or non-contractual obligations, the landlord is only liable in the case of intent and gross negligence, limited to the foreseeable and contract-typical damage at the time of conclusion of the contract. Liability is excluded for goods or other items brought into the tent and for consequential damage.
- The lessee is liable for all damage to property and personal injury caused by the operation of the tent and already exempts the lessor from third-party claims.
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7. Payment
- Unless otherwise expressly agreed, all invoices from the landlord are to be paid immediately and without deduction.
- With regard to the consequences of default, the statutory provisions shall apply.
- Counterclaims that are disputed by the lessor or have not been legally established do not entitle the lessee to retention or offsetting.
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8. Special Right of Termination
- In the case of long-term tenancies longer than one year, the landlord is entitled to terminate the contract without notice if the tenant is in arrears with the payment of a not inconsiderable part of the rent for two consecutive dates or with the payment in a period that extends over more than two dates the rent is in arrears by an amount equal to the rent for two months.
- In the case of long-term tenancies of more than one month but less than one year, the landlord is entitled to terminate the contract without notice if the tenant is more than one month in arrears with paying the rent.
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9. Jurisdiction and Applicable Law
- The place of jurisdiction for merchants is the registered office of the lessor. The tenant can also be sued at his general place of jurisdiction.
- German law applies exclusively to the conclusion and implementation of the contracts concluded with the inclusion of these general rental conditions