Terms and Conditions Rental
as of 21.05.2018
General Business Terms and Conditions of gotvintage GmbH; Division: Rental of Articles in the field of Non-Food Catering (Dishes, Furniture, Deco, etc.)
1. Sphere of validity
1.1 The following Terms and Conditions of gotvintage GmbH, Schoenhauser Allee 84, 10439 Berlin, Germany (hereafter, “gotvintage”) shall be valid for all contractual agreements for the rental of articles in the field of non-food catering which are concluded between gotvintage and the lessee. Upon the issuance of an order, the lessee hereby declares himself to be fully in agreement with these general business terms and conditions.
1.2 The lessee, in accordance with these business terms and conditions, shall refer to both consumers as well as also entrepreneurs. Even if gotvintage is aware of them, any deviating, opposing or supplemental general business terms and conditions shall not become a contractual component unless their validity has been expressly approved in writing.
1.3 In this regard, a consumer shall be considered to be each natural person who concludes a legal transaction for purposes which are primarily attributable neither to his commercial business activities nor his independent professional work activities.
1.4 Entrepreneurs shall be considered to be natural or juridical persons or a partnership with the capacity to conduct legal dealings which, when concluding a legal transaction, act within the parameters of the implementation of their commercial business or independent professional work activities.
1.5 The version which is respectively valid at the point in time that the contractual agreement is concluded shall be prevailing. The contractual agreement shall be concluded in the German or the English language.
1.6 The contractual text shall be saved by gotvintage. gotvintage shall send the lessee the order data and the general business terms and conditions via e-mail. Moreover, the Lessee may, at any time, demand the personal and order data via e-mail. The lessee can, at any time, review the current data protection declaration on the website www.gotvintage.de.
2. Conclusion of the contractual agreement
2.1 All offers shall be considered to be non-binding with regards to delivery options, availability and design.
2.2 The depiction of the leasing object on our website shall constitute no legally-binding offer, but rather merely a non-binding online catalogue.
2.3 The lessee may, either via the contact data published on the website or via the contact form, submit a non-binding inquiry for the conclusion of a rental agreement or a booking inquiry to gotvintage.
2.4 A contractual agreement shall then be considered to have been concluded by the lessee confirming the received order orally, in writing or via e-mail.
3. Object of the service
The scope of the services owed by gotvintage shall be stated in the respective order confirmation, the offer and these Contractual Terms and Conditions.
4. Leasing prices
4.1 Exclusively the leasing prices on gotvintage’s respectively current price lists shall be valid. Any deviations in this regard shall require a special individual agreement.
Insofar as nothing to the contrary is specified in the order confirmation, all prices for entrepreneurs shall be considered to be strictly net plus the respectively-valid statutory VAT.
4.2 Fee-based supplemental services such as for set-up and dismantling, decoration, carrying and collection of the leasing object shall not be included in the rental price.
4.3 gotvintage shall demand a security deposit. This security deposit shall amount to at least 10% of the total replacement value of the leasing object and may be increased to 20%-depending on the event. The security deposit shall be payable before the leasing object is handed over and shall be precisely specified to the lessee.
4.4 Any claims for damage to or the loss of leasing objects or outstanding payment claims shall be offset against the security deposit after the leasing object is returned. The differential amount shall be reimbursed to the lessee’s account within seven days after such an offsetting is made.
5. Leasing timeframe
5.1 The leasing relationship shall begin and end on the dates specified in the respective order confirmation. The leasing timeframe shall be calculated by days. The leasing timeframe shall amount to at least three days and include respectively the date of receipt and the date of return.
5.2 gotvintage shall make the leasing object with the accessories available for pick-up by no later than the beginning of the leasing timeframe at the address specified in the order confirmation.
5.3 Insofar as the delivery of the leasing object by gotvintage or a third party to be commissioned by gotvintage has been agreed, the leasing relationship shall begin to run upon the delivery of the leasing object to the lessee. If the lessee commissions the third party, the leasing relationship shall begin to run when the leasing object is handed over to the third party.
5.4 The leasing relationship shall end when pick-up is made by gotvintage or a vicarious agent or by the return delivery by the lessee.
6. Payment Terms and Conditions
6.1 Insofar as no other payment date is started in the order confirmation, payments must be settled immediately upon the receipt of the invoice without any discounts.
6.2 In the event of payment default, gotvintage reserves the right to assert a claim for the statutory payment default interest. In this regard, the debtor must pay all additional costs such as warning letter fees in their full amount in accordance with the statutory provisions.
6.3 The lessee shall not be entitled to make an offsetting, settlement or assert a right of retention. Bill transactions or the possibility of making partial payments shall also not be permitted.
7. Rescission of the lessee/cancellation of the order
7.1 If an already-issued order is cancelled before the leasing timeframe begins, a cancellation fee shall be charged. A cancellation must always be in text form. Oral ancillary agreements shall have no validity.
7.2 The following costs shall be charged:
• 25% of the leasing price up to 61 days before the pick-up or delivery
• 50% of the leasing price up to 14 days before the pick-up or delivery
• 90% of the leasing price from the 14th day before the pick-up or delivery
7.3 The lessee shall be at liberty to document in the individual case that gotvintage has actually suffered lower damages. In this case, compensation must be paid only for the documented lower damages.
8. Delivery terms and conditions
8.1 The standard delivery terms and conditions prescribed by gotvintage shall apply to an overland, direct rollable, barrier-free delivery route without waiting times from Monday to Friday during the timeframe from 09:00 a.m. to 8:00 p.m. Deviations from the standard delivery terms and conditions must be announced by the lessee in advance.
8.2 In the event that gotvintage makes the delivery, it shall be granted a grace period of two hours–even if fixed times have been agreed.
8.3 In the event of a delayed delivery arising from one of the following reasons, the lessee shall be entitled to a maximum compensatory amount of 30% of the leasing price. Services and transport and/or handling positions shall be excluded from this:
• The leasing object cannot be used based upon a prior order.
• The leasing object has been burned, otherwise damaged or lost.
• The grace period of two hours lapses and the leasing object is no longer needed and/or is not handed over to the lessee.
• The leasing object was damaged on the transport route or the delivery vehicle cannot reach the delivery destination in a timely manner owing to traffic disruptions.
8.4 For a seamless arrival to and departure from the installation site of the leasing object, the lessee must ensure unimpeded access and/or arrival to the delivery destination and, as required, promptly provide corresponding entry permits.
8.5 Moreover, the lessee must ensure that there are no waiting timeframes for the arrival and departure. If an immediate, agreed arrival or departure, access road or entrance route and, where applicable, installation is not possible, waiting times shall be billed at 72.00 Euro including VAT per hour.
8.6 The delivery and set-up costs that have been estimated in the order shall contain a maximum distance of 50m between the delivery vehicle and the installation site and a one-time set-up at the previously-designated installation site. No claim shall exist to a later re-installation at another installation site. If a later re-installation should be done by gotvintage, gotvintage reserves the right to charge 25.00 Euro for this including VAT per half-hour begun and employee and/or vicarious agent.
8.7 In the event of deployments to trade fair grounds, the entry and deposit policies prescribed by the lessee shall be considered to be binding. In the event that a delay is caused owing to incorrect information having been provided, the lessee shall assume responsibility for this.
9. Pick-Up by the customer
9.1 If the lessee himself makes pick-up, the lessee must ensure that the transport is done in accordance with the valid guidelines and he himself shall be liable for any damages.
9.2 The leasing object should be transported only in a vehicle which is suitable for the transport based upon the size, weight and quality features. The leasing object must be secured in the vehicle through appropriate measures to prevent sliding and tipping over.
9.3 Any transport damage must be immediately reported to gotvintage in writing. If the leasing objects are taken back, they shall be inspected for damage by gotvintage.
9.4 The leasing object must be returned to gotvintage on the agreed return date/time and place in the contractual condition (time window +1 hour).
10. Warranty from gotvintage
10.1 When leasing the objects, the Lessee shall be granted the option to inspect the leasing object, or have them inspected by a third party, upon receipt. Insofar as he is an entrepreneur, the lessee must notify gotvintage in text form of any obvious defects in the leasing object immediately after conducting the inspection. If he does not do this, he may therefore no longer make notification of obvious defects. In these cases, we request that consumers, insofar as this is possible, immediately make notification of these defects and to please immediately contact gotvintage. The failure to lodge a complaint or initiate contact shall have no consequences whatsoever for the statutory claims of the consumers and the implementation thereof.
10.2 gotvintage shall be obliged to promptly eliminate defects which have been immediately reported by the lessee during handover and instead shall entitle the lessee to receive a comparable leasing object.
10.3 Insofar as the leasing object is defective, the lessee shall have a claim to a reduction of the leasing price in accordance with the statutory directives.
10.4 The lessee has been instructed that the flawed transport/set-up and dismantling/connection/servicing of the leased products shall constitute no defect in the leasing object. Thus, gotvintage recommends having the transport as well as set-up and dismantling of the leasing objects done by gotvintage.
10.5 Insofar as he is an entrepreneur, contractual damage compensation claims of the lessee owing to an initial defect or a defect which is created later in the leasing object shall be excluded as long as the defect has not been created owing to a circumstance for which gotvintage is responsible owing to its intentional wrongdoing or gross negligence.
11. Lessee’s obligations
11.1 The delivered leasing object shall remain gotvintage’s property. The lessee shall not be entitled to make modifications to the leasing object. The lessee shall not be entitled to grant rights to the leasing object to a third party. If an object is seized or confiscated from the lessee, then the lessee must promptly notify gotvintage of this in writing. The lessee shall be obliged to notify the third party of gotvintage’s ownership rights.
11.2 The usage of the leasing object shall be done at the lessee’s own risk. The lessee himself shall conclude a corresponding event liability insurance policy.
11.3 The lessee shall be obliged to handle the leasing object with due care. In the event that any defects are discovered, the lessee must grant gotvintage the opportunity to immediately have repairs done by gotvintage itself or by a third party.
11.4 The lessee shall not be entitled to clean the leasing object in a dishwasher–particularly vintage and PVD-coated cutlery, dishes and glasses with gold-plating.
11.5 The lessee must follow all guidelines for the usage of the leasing object. This shall include particularly measurements, weights, installation sites, hygiene, fire prevention, etc. Where applicable, the corresponding permit shall be obtained by the lessee.
11.6 The lessee shall be obliged, particularly during events in which the leasing objects are exposed to special risks (open air, dance events, film shoots, trade fairs and expositions, etc.), to undertake the precautionary measures required in the individual case in order to protect the leasing objects (e.g. protection from rain, theft, vibration, etc.) and, as required, to monitor them. In the event that the leasing object is lost, damaged or stolen, the leasing object must be replaced. If an object of the same age and wear level should be found on the market, then the fair value must be reimbursed. Otherwise, the replacement value must be reimbursed.
11.7 The lessee shall assume the responsibility for the leasing object from the handover to the return of the leasing object to gotvintage. The return shall be done conditionally because exact broken and missing quantities can only then be determined after the entire cleaning process has been done. The price for broken and missing quantities as well as damaged objects shall be calculated as follows: Replacement price plus replacement value less final cleaning. In addition, the lessee shall remain obliged to pay the previously-agreed leasing price until the leasing object has been replaced. Repairs may be done exclusively by gotvintage.
11.8 gotvintage shall provide the lessee with the leasing object for its unrestricted usage. However, modifications shall not be permitted. The affixation of advertising signage to the leasing object shall be permitted only if this has been agreed in advance with gotvintage and can be removed with no residual effects. If gotvintage must do additional work belatedly owing to the affixation of advertising signage, then such work shall be billed at 75.00 Euro including VAT per hour.
11.9 If, upon delivery, it is discovered by gotvintage that the installation site is not suitable for the safe and proper operation of the leasing object (e.g. extremely high humidity, no protection of the effects of weather), gotvintage reserves the right to refuse to install the leasing object and/or to demand the enabling of safe and proper operation.
12. Special provision regarding the return of the leasing object
12.1 Insofar as nothing to the contrary has been agreed, the lessee must return the leasing object in the condition in which it was received and to the agreed address.
12.2 If the leasing object is damaged, then the lessee shall be obliged to pay damage compensation if and insofar as he has culpably caused the damage. This shall be valid accordingly insofar as the lessee cannot return the delivery object or only partially return it. Any substantial contamination of the leasing object shall equate to damage insofar as the return in the condition in which it was received has been excluded.
12.3 If damage has been caused by vicarious agents and auxiliary personnel as well as additional third parties whose handling of the leasing object is attributable to the lessee, the lessee shall be liable in the event of the violation of his custodial and due care obligations.
12.4 If the lessee cannot return the leasing object at the agreed time, the lessee must notify gotvintage of this by no later than 24 hours before the lapsing of the agreed leasing timeframe.
12.5 If the lessee continues to use the leasing object after the leasing timeframe lapses, the leasing relationship shall not be considered to have been extended. § 545 of the German Civil Code shall not be applicable. However, gotvintage reserves the right to subsequently assert a claim for damages owing to a loss of usage.
12.6 The provisions in Point 11.6 shall remain unaffected.
13. gotvintage’s liability
13.1 For claims owing to damages which have been caused by gotvintage, its legal representatives or vicarious agents, gotvintage shall always be liable in unrestricted fashion in the event of contractual violations based upon intentional wrongdoing or gross negligence, in the event of the loss of life, physical injury or damage to health, for warranties, insofar as agreed. Claims in accordance with the German Product Liability Act shall likewise remain unaffected.
13.2 In the event of a violation, based upon simple negligence upon the part of gotvintage, its legal representatives or vicarious agents, of essential contractual violations whose fulfilment only then makes possible at all the proper implementation of the contractual agreement and upon whose fulfilment the Lessee may regularly rely (cardinal obligations), the amount of the liability shall be limited to the damages which were foreseeable upon the conclusion of the contractual agreement, the creation of which must typically be anticipated. Otherwise, claims for damage compensation shall be excluded.
13.3 Insofar as liability for damages, which are not based upon the loss of life, physical injury or damage to health upon the part of the Lessee, is not excluded for simple negligence, these claims shall become statute-barred within one year’s time beginning with the creation of the claim and/or in the event of damage compensation claims owing to a defect, upon the handover of the object.
14. Inspection right
gotvintage shall, at any time, be entitled to inspect the leasing object or, by prior mutual agreement with the lessee, to examine it or to have it inspected and examined by a commissioned third party. The lessee shall be obliged to make his best efforts to support gotvintage in this regard.
15. Offsetting and right of retention
The lessee shall not be entitled to offset with his own claims against gotvintage’s payable claims or to assert a right of retention owing to such claims. Rather, the lessee may declare the offsetting only with undisputed or legally-upheld claims.
16. Termination of the contractual agreement
16.1 gotvintage shall be entitled to extraordinarily terminate the contractual agreement if the justified fear exists that the leasing objects are not being used contractually and are thus being damaged. In this case, the lessee shall be obliged to pay the agreed leasing fee.
16.2 The Lessee shall be entitled to extraordinarily terminate the contractual relationship if gotvintage, in violation of the contractual agreement, cannot completely provide the leasing object or is not able to replace leasing objects not in stock with leasing objects of a similar type and quality.
17. Colour deviations
Colour deviations between the supplied leasing object and photos in printed materials and/or in the Internet catalogue are technically required and shall constitute no defect.
gotvintage reserves the right to create photos and videos of the leasing object on-site in consultation with the lessee.
19. Dispute resolution
19.1. The European Commission shall provide a platform for online dispute resolution (OD) which you can find here www.ec.europa.eu/consumers/odr/.
19.2. We shall not be obliged, and are also not willing, to participate in dispute resolution proceedings before a Consumer Arbitration Board.
20. Final provisions
20.1 For entrepreneurs, German law shall be valid subject to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
20.2 For contractual claims arising from the contractual relationship with entrepreneurs, juridical persons under public law or special foundations under public law–including bill of exchange and check claims, exclusively the legal venue for gotvintage’s commercial residence shall be valid. The same legal venue shall be valid if the lessee has no general legal venue in Germany, relocates his place of residence or customary abode from Germany after the conclusion of the contractual agreement or his place of residence or customary abode is not known at the point in time that legal action is taken. Otherwise, in the event that gotvintage asserts claims against the lessee, his place of residence shall be considered to be the legal venue.
20.3 In the event that individual provisions of the general business terms and conditions should be or become invalid, this shall not affect the validity of the provisions as a whole.