General Terms and Conditions B&B Technik + Events GmbH
§1 General and Scope of Application
(1) These Terms and Conditions of B & B Technik + Events (hereinafter referred to as “B&B”) shall apply to the rental of event technology by B&B as well as to the support of the rented event technology by B&B technicians. Separate Terms and Conditions shall apply to activities of B&B in the areas of event management and hostess service, which the customer may request from B&B at any time.
(2) These Terms and Conditions shall apply exclusively. Any terms and conditions of the customer that conflict with or deviate from these GTC shall not be recognised unless B&B has expressly agreed to their validity in writing. These GTC shall also apply if B&B performs the service to the customer without reservation in the knowledge of terms and conditions of the customer that conflict with or deviate from these GTC.
(3) These GTC shall also apply to all future transactions with the customer.
(4) All agreements between B&B and the customer that deviate from these GTC must be made in writing or text form.
§2 Conclusion of contract
Upon request of a customer, B&B shall send a non-binding offer. The customer’s subsequent order shall constitute a binding offer which B&B may accept within 2 weeks by sending an order confirmation or, if the service is to be provided at short notice, also verbally or by performing the service.
§3 Subject matter of B&B’s services in the area of event technology
(1) B&B shall provide the customer with the equipment and parts listed in detail in the order confirmation for use at the customer’s event specified in the order confirmation in return for the agreed fee (rental). The date under the heading Dates in the offer or order shall be decisive for the commissioning.
(2) If separately agreed, B&B shall be responsible for the assembly and disassembly and/or operation of the rented event technology for a separate fee.
§4 Prices and terms of payment
(1) Unless otherwise stated in the order confirmation, all prices are net plus the applicable statutory value added tax.
(2) The rental rates for event equipment shall generally be charged on a daily basis for the booked period. In case of late return of the rented items, B&B shall be entitled – without prejudice to its further rights arising from default – to charge the rental price in accordance with the daily rates estimated for the rental period for each additional day or part thereof (cf. also §6 para. 7 of these Terms and Conditions).
(3) If the customer requests that the event equipment should be set up, dismantled or operated by a B&B technician, B&B shall base its offer on practical knowledge for the time spent by the technician. If the time spent by the technician exceeds the costs calculated in the offer, the additional working time shall be charged subsequently.
(4) Unless otherwise stated in the order confirmation, the rent plus ancillary costs shall be due for payment net within 10 days of the invoice date.
(5) The customer shall only be entitled to set-off rights if its counterclaims have been legally established, are undisputed or have been acknowledged by us.
§5 Withdrawal of the lessee – cancellation of the order / partial cancellation
(1) B&B plans the use of its event technology and its technicians on a long-term basis and issues cancellations to other interested parties who are also planning their events on a long-term basis if a customer has already rented the technology for the period in question. Any cancellation of a booking results in administrative expenses for B&B, possible payment and compensation obligations towards the technicians commissioned, and, in the case of rental of technology by B&B, cancellation fees for third parties. It entails the risk that the event technology can no longer be rented to other parties, or can only be rented to other parties on less favourable terms, particularly in the case of cancellations at short notice.
(2) Taking into account the fact that events may also have to be rescheduled or cancelled at the customer’s premises, B&B grants its customers the right to cancel at any time up to one day prior to the commencement of the rental period against payment of the aforementioned cancellation fees.
(3) B&B shall charge flat-rate cancellation fees in case of withdrawal from the contract by the customer. The cancellation fees shall cover the damages incurred by B&B in case of a withdrawal from the contract, such as loss of profit, administrative expenses, B&B’s own obligations to pay damages to technicians and subcontractors, etc., and are based on empirical values. In case of cancellation up to two weeks prior to the commencement of the rental period, the cancellation fees amount to 80% of the order sum as per the offer or order confirmation (rental costs plus ancillary services and costs for technicians). Cancellation fees shall be reduced by 10 percentage points for each week that the withdrawal occurs earlier.
(4) Upon commissioning by the customer, B&B shall make a binding reservation of technology and personnel in accordance with the offer or order confirmation. In case of cancellation of parts of the reserved equipment or personnel (partial cancellation), B&B may, in deviation from the above cancellation conditions, charge a flat-rate processing fee of 20% of the cancelled order value as early as 4 months prior to commencement of the rental period. From 6 weeks before the start of the rental period, the cancellation costs specified in §5 (3) shall also apply to the cancelled parts in case of a partial cancellation.
(5) In individual cases, the customer shall be free to prove that B&B has actually incurred a lesser loss. In this case, only the proven lesser damage shall be reimbursed.
(6) Withdrawal from the contract must be declared in writing.
§6 Use and return of the rental object – liability of the renter
(1) The customer shall be obligated to treat the rented items with care and to return them undamaged upon termination of the rental relationship. The customer shall be liable to B&B in accordance with the statutory provisions for any deterioration of the rented item for which the customer is responsible that is not due to wear and tear caused by proper use.
(2) The items rented by B&B are predominantly sensitive event equipment requiring professional operation. Damage to the equipment may already result from improper connection and improper operation. The customer must therefore ensure the professional installation, dismantling and operation of the rented equipment. The customer shall always be responsible for any damage resulting from a breach of this obligation. B&B therefore offers to provide the customer with technical support, including assembly and disassembly, at a charge.
(3) The customer shall be obligated to use the rented items only within the scope of the event specified in the offer. Any other types of use shall be agreed with B&B in advance. In particular, subletting of the rented items shall require the prior written consent of B&B.
(4) The Lessee shall have no right of retention to the leased property.
(5) Particularly in the case of events during which the rented items are exposed to special risks (open air, dance events, fairs and exhibitions, etc.), the Lessee shall be obliged to take the necessary precautions to protect the rented items in the individual case (e.g. protection against rain, vibrations, etc.) and to guard them if necessary. In case of loss or theft, the goods must be replaced. If there are goods of the same age and wear and tear on the market, the current value is to be reimbursed. Otherwise, the replacement value is to be reimbursed.
(6) If the customer returns the leased property in a condition that has deteriorated not only as a result of its intended use, the customer shall bear the burden of proof that the deterioration of the leased property is not attributable to it.
(7) The statutory provisions shall apply to the delayed return of the rented item, according to which the customer shall owe B&B compensation in the amount of the agreed rent or the customary local rent for comparable items for the duration of the withholding of the rented item.
§7 Warranty by B&B
If the rented items are defective, the customer shall be entitled to a reduction of the rent in accordance with the statutory provisions.
The customer is advised that faulty installation/connection/operation of the rented equipment does not constitute a defect in the rented equipment. B&B therefore recommends that the rented equipment be set up and operated by B&B.
There shall be no defect in the rented items if they are not suitable for the event planned by the customer, e.g. due to incorrect dimensioning according to the customer’s specifications. It shall be the customer’s responsibility to inform himself/herself about the performance capability of the event technology and its suitability for the planned event. B&B shall only be liable for the suitability of the rented event technology if the customer has precisely specified the external circumstances such as the size of the event room and the number of participants and the parties conclude a consultancy agreement in this respect.
The Lessee is aware that technical problems can regularly occur during the set-up of technical equipment, such as due to the wear and tear of accessory parts. The Lessee shall ensure that the set up of the event technology begins in good time so that technical defects can be remedied in good time before the start of the event.
Contractual claims for damages on the part of the customer due to an initial defect or a defect in the rented item arising at a later date shall be excluded, provided that the defect did not arise due to a circumstance for which B&B is responsible on the basis of intent or gross negligence.
§8 Limitation of Liability
(1) Any further liability of B&B for breaches of contractual obligations other than those regulated in § 5 and those arising from tort shall be limited to intent and gross negligence. This shall not apply in the case of injury to the customer’s body, life or health, in the case of claims arising from the breach of cardinal obligations (other than those regulated in § 7) and for compensation for damage caused by default pursuant to § 286 BGB. In these cases, B&B shall be liable for any degree of fault. In the event of a breach of cardinal obligations, B&B’s liability shall be limited to the foreseeable, typically occurring damage.
(2) The exclusion of liability pursuant to para. 1 shall also apply to minor negligent breaches of duty by vicarious agents of B&B.
(3) Mandatory liability under the Product Liability Act shall remain unaffected.
(4) Insofar as liability for damages that are not based on injury to the body, life or health of the customer is not excluded for slight negligence, these claims shall become statute-barred within one year beginning with the accrual of the claim or, in the case of claims for damages due to a defect, from the handover of the item.
(5) Insofar as liability for damages against B&B is excluded or limited, this shall also apply with regard to the personal liability for damages of B&B’s employees, representatives and vicarious agents.
§9 Place of Jurisdiction – Place of Performance
(1) If the customer is a merchant, the place of jurisdiction shall be B&B’s place of business; however, B&B shall also be entitled to sue the customer at the court having jurisdiction over its place of business.
(2) The laws of the Federal Republic of Germany shall apply; the UN Convention on Contracts for the International Sale of Goods shall not apply.
(3) Unless otherwise stated in the order confirmation, the place of performance shall be B&B’s place of business.
§ 10 Severability clause
Should individual provisions of these conditions be or become invalid, the validity of the remaining provisions shall not be affected.
Valid from 1.1.2023