These terms and conditions ("Terms and Conditions") apply to every order you make from 25.03.2021. If you have any questions or do not want to accept the terms and conditions, our customer service is always happy to help you by e-mail at email@example.com.
beambar Grabowski Oduntan Schmider Vogt GbR
Rigaer Street 36
10247 Berlin, Germany
Tel: +49 30 419 34 146
(in the following called Lessor)
1. Scope of application
The following conditions regulate the contractual relationship between the lessor beambar Grabowski Oduntan Schmider Vogt GbR (www.beam.bar) and the respective lessee. The subject of the respective contract is the letting of rental articles by the lessor to the lessee. The rental shall take place exclusively on the basis of this rental agreement. The rental terms and conditions shall also apply in their currently valid version to future transactions with the lessee. The Lessor is entitled to amend or supplement these Terms and Conditions at any time with reasonable notice. Deviations from these Terms and Conditions of Hire shall only be binding if they are agreed for each individual transaction and set out in writing. Any conflicting terms and conditions of the Lessee shall expressly not apply unless the Lessor expressly agrees to their application in writing. Tenants or customers within the meaning of these terms and conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or independent professional activity. The contract language is exclusively English.
2. Offer & Conclusion of Contract
The presentation of the rental items on the website as well as on various online portals does not constitute a legally binding offer, but merely a non-binding offer by the lessor with an invitation to book. Errors or mistakes in the online offers of the lessor are reserved. The Hirer makes an offer to conclude a rental contract. The booking is concluded after the Hirer has provided all relevant data and after confirmation by the Rental Firm and can be made by telephone, e-mail, on site or via the Rental Firm's website by clicking on the button [book with obligation to pay]. The Hirer assures that all details provided by him/her for the purpose of the rental transaction (e.g. name, address, e-mail address, telephone number, bank details, etc.) are true and correct. The Lessor must be informed of any changes without delay.
3. Rental price & deposit
The rental price corresponds to the corresponding period stated in the rental offer and may deviate due to an individual offer by the lessor to the lessee (discounts, concessions). The rental price is also to be paid in full if the actual and temporal use by the tenant falls short of the agreed rental period. The only relevant factor here is the punctual handover of the rental item by the beginning of the rental period at the latest. The lessor is entitled to demand a deposit from the lessee in certain cases. This will be recorded in the offer to the Hirer and accepted by the Hirer in the event of an order for the Rental Goods. The deposit must be paid before the start of the rental period. This is done by advance payment. The hirer will receive the deposit back immediately if he/she has returned the rental items to the lessor in an undamaged and clean condition (not objected to by the lessor). Repayment shall be made by the original method of payment. In the case of bank transfers, the hirer must provide his bank details for the repayment of the deposit. All prices are Euro prices and include the statutory VAT.
4. Vouchers & credits
The lessor may provide the tenant with vouchers. These reduce the rental price for the next rental by a percentage or fixed amount. Vouchers are not applicable to delivery charges, subsequent charges, nor to assembly, support, repair and cleaning services. Furthermore, in certain cases, the lessor may deposit a rent credit on the tenant's customer account. The tenant can use this credit for an unlimited period of time on the complete range of products for a future rental and reduce the rental price by the amount of the credit. The Hirer must inform the Rental Firm that he/she wishes to use his/her credit balance before completing the booking. Vouchers and credit balances cannot be paid out.
Payment of the usage fees must be made by Paypal or credit card before the start of the rental period. Payments on account are not possible. If a payment service provider is used, this enables the provider and the tenant to process the payment between themselves. The payment service provider forwards the tenant's payment to the landlord. Further information is available on the website of the respective payment service provider. If payment is made by credit card, the tenant must be the legal cardholder.
The Lessor charges usage fees for the use of the goods. The amount of the usage fees is shown in the offer presentation on the website. All rental prices are final prices and include the statutory value added tax. In addition to the usage fee, the lessor shall charge a one-off fee for the delivery and collection of the goods, which can be found in the offer on the website. Additional charges for late return, repair, cleaning or replacement are generally due immediately, unless otherwise agreed. The lessor will always endeavour to find a fair solution for both parties together with the lessee. However, if the tenant does not show any willingness to cooperate and an outstanding debt remains unpaid even after several reminders, the landlord reserves the right to collect the debt by private law and, in serious cases, also to initiate criminal law measures. If the lessee is in default of payment after a reminder has been served, the lessor shall be entitled to demand the immediate return of the item or to retrieve it at the lessee's expense. The Lessor reserves the right to charge interest on arrears at a rate of 5 percentage points above the base rate.
The rental price is understood to be the delivery price to the place of residence specified by the lessor. The handover takes place daily between 16:00 and 23:00. The promise of a delivery or rental date is subject to the availability of the rental object and the possibility of delivery. In the event of unforeseeable extraordinary circumstances for which the hirer is not responsible or in the event of a defect in transit, the hirer will be refunded the hire charge and any deposit collected if the hire item could not be used. This shall not apply in the event of late payment. The hirer undertakes to take precautions in the event of non-delivery for the above reasons and to endeavour to find an alternative solution.
7. Rental period & return
The rental period begins on the date of the rental booking and ends on the date specified by the Hirer at the time of booking. On the day of drop-off, the Hirer may specify a time window of two hours during which the Rental Firm will collect the hired item from the drop-off location. The drop-off location is always the same as the location where the Hirer first accepted the item. Extensions of the agreed rental period must be agreed with the Lessor in good time and approved by the Lessor. For this purpose, the lessor shall charge a lump-sum extension fee, which can be found on the company website. If the lessee continues to use the object after the expiry of the agreed rental period, the rental relationship shall be deemed to have been extended by a further day, unless the supplier objects. § Section 545 BGB shall not apply. For the purpose of calculation, the end of the original rental period shall then be deemed to be the new start of the rental period and the respective actual date of return to the Lessor shall be deemed to be the end of the rental period. This shall also apply if the rental item is returned without the accessories provided for use or if the return is not carried out properly through the fault of the hirer. Should the customer fail to return the missing accessory or the missing component despite the supplier's request, the supplier shall be at liberty to demand the replacement value of the missing accessory or the missing component. Delayed returns must also be reported to the Rental Firm without delay. If the Hirer returns the hired item before the agreed end of the hire period, the Hirer shall not be entitled to a refund of the hire charge. For the return, the reusable packaging used by the Rental Firm at the time of delivery must be used and the rental items and accessories must be repackaged exactly as they were delivered by the Rental Firm. Should the shipping and original packaging not be returned by the hirer, the lessor reserves the right to charge the hirer for this.
The Hirer must check the rented items immediately after receipt for completeness, functionality and perfect condition. Damaged cartons or packaging must be reported to the supplier in writing before acceptance and the contents must be checked immediately for completeness and functionality. The rented items shall be deemed to have been taken over in perfect condition if any defects have not been reported to the lessor immediately, at the latest by the end of the day of delivery, by e-mail with corresponding representative proof images. Repairs or services carried out at the Hirer's own instigation are not permitted and require the consent of the Owner. Any defect, damage, loss or destruction of the rented items occurring during use by the Hirer must be reported to the Rental Firm immediately by e-mail or telephone. This also applies if, in the Hirer's opinion, the item is not usable for the intended purpose. In this case, the lessor shall immediately endeavour to find a solution by providing technical assistance or a possible replacement delivery. Defective items as well as accessories are to be returned to the lessor immediately without exception. The theft of the rented items from the tenant's possession must be reported immediately by the tenant to the state investigating authorities as well as to the landlord. It shall be incumbent upon the Hirer to prove the loss or theft of the hired items from his possession. Should a rented item show clear signs of use or damage at the time of rental, but which do not impair its functionality, these shall be documented and recorded by the Lessor.
9. Obligations of the lessor
The Lessor undertakes to hand over the rental items to the Lessee in good time so that a punctual start of the rental period is guaranteed. Furthermore, the Lessor undertakes to provide the rental items in a technically perfect and usable condition, including the agreed accessories. Should problems arise, the lessor undertakes to provide the lessee with advisory support within its business hours after notification by telephone or e-mail and to resolve the matter to the lessee's satisfaction within the scope of its possibilities.
10. Obligations of the lessee
The Hirer undertakes to handle the hired items with care and to use them exclusively for their usual purpose. The lessee has the duty to inform himself about and ensure proper use in accordance with the respective safety requirements before using the rented item. He shall be fully liable for any damage arising as a result of incorrect use, negligence, gross negligence or theft. The hirer is responsible for the security of the hired items and must take appropriate security measures to ensure that the item cannot be stolen. This applies in particular if the item is accessible to third parties. The hirer is responsible for all operating costs during the rental period. Rental items including accessories (also original packaging) are to be returned on the agreed date as originally handed over.
11. Liability of the lessee
The lessee shall be liable for any deterioration, loss or destruction of the rented items culpably caused by him during the contractually agreed possession period or in the event of an unauthorised extension of the possession period by the lessee. The hirer shall also be liable for damage caused by improper packaging or culpably delayed return. The lessee shall be liable for the rental item itself and for lost accessories as well as the original and shipping packaging at the price of a new purchase. If a rental item is no longer usable through the fault of the hirer, the hirer will be sent a corresponding subsequent invoice including proof images. In this case, the hirer has no claim to the return of the defective item. The hirer must clarify any possible assumption of costs with his liability insurance. The rented items shall be deemed to have been taken over in perfect condition unless any defects are expressly reported upon receipt.
12. Transfer of risk
The risk shall pass to the Hirer as soon as the Hirer leaves the Rental Firm's business premises or receives the parcel from the delivery service. If the parcel is returned, the risk shall pass to the delivery service when the parcel is handed over. If the lessee does not hand over the item to the delivery service and through the lessor, but uses his own transport service provider, the transfer of risk shall only occur upon arrival at the lessor's business premises. Furthermore, in this case the lessee shall bear the return costs himself and shall not be entitled to reimbursement thereof.
13. Delivery problems
If an item cannot be delivered or if there are other delivery problems, the hirer will be refunded his money. However, there will be no additional/further assumption of damages/payment by the lessor. If the hirer gives a wrong address which cannot be delivered or does not accept the parcel, no refund will be made. This does not apply if a refusal of acceptance has been agreed with the lessor.
14. Claims for damages & exclusions of liability
The statutory provisions shall apply. The liability of the Lessor is limited to the rent paid by the Lessee. This applies to all claims against the Lessor, irrespective of where these claims originate. Claims for damages on the part of the lessee, irrespective of the legal grounds, in particular due to poor performance, breach of ancillary obligations and culpa in contrahendo as well as tort, shall be excluded unless the damage was caused intentionally or by gross negligence. The lessor shall not assume any liability or obligation to pay damages for damage and consequential damage, irrespective of the legal grounds. The exclusion of liability shall apply in particular to non-conclusion of the rental agreement due to damage to or total failure of the rental item in transit or at the Hirer's premises, as well as to non-availability due to late return of items from previous Hirers. Likewise, the Lessor shall not assume any liability in the event of malfunctions or total failure of the rented item and any consequential damage resulting therefrom, whether of a direct or indirect nature, including loss of earnings or loss of profit. Any liability on the part of the lessor for damage to property or personal injury which may result from the use of the hired object is excluded. Likewise, the lessor shall not accept any claims for damages in the event of late delivery or non-delivery by the carrier. The lessor shall not be liable if, after advice from the lessor, a rental item proves not to be usable for the purpose intended by the lessee. After consultation, the Hirer must inform himself/herself once again whether the hired item booked is really usable and compatible for his/her intended purpose. The Lessor shall not be liable for any loss of data that may occur when using the rented items. The lessee shall ensure adequate data backup.
The lessee shall indemnify the lessor against all claims asserted by third parties against the lessor due to improper use of the leased property, use contrary to the contract or use contrary to the law, unless the lessee is not responsible for such use. In the event of an indemnification pursuant to sentence 1, the lessee shall compensate the lessor for any damage incurred by the lessor due to the improper use, use in breach of contract or illegal use, including any costs of legal defence. The user shall inform the lessor without delay if third parties assert claims due to the improper use, use contrary to the contract or illegal use of the goods and shall support the lessor in the legal defence.
15. Use of the website
The provider expressly points out that the use of web services involves risks. This concerns in particular risks caused by the sending of malware, spamming (unsolicited sending of advertising e-mails), theft of passwords, electronic intrusion as well as manipulation, hacking as well as other forms of unauthorised disclosure of users' data, harassment and forgery. The provider will make reasonable efforts to minimise these risks. This shall not constitute any obligation to indemnify. In this respect, the use of the website is at the user's own risk. Maintenance work, upgrades or retrofits, errors or "bugs" as well as other causes or circumstances may lead to interruptions or errors in the operation of the platform. The Provider shall remedy technical disruptions without delay within the scope of technical possibilities.
If the Hirer returns the hired object defective or without the accessories essential for its use, the deposit, if any, shall initially be retained. The lessor has the right to have the rented item professionally repaired or, in the event that repair is impossible or uneconomical, to purchase replacement equipment. If the repair is carried out by the lessor, the total costs for this shall be charged to the lessee or deducted from any security deposit. If the security deposit exceeds the repair costs or the replacement value of the rented property, the tenant shall be reimbursed the difference. This does not apply if the lessee reports the defect to the lessor directly after receipt and is therefore not responsible for it (see point Defects).
If the hirer returns the rental item or essential accessories in an unacceptable condition, in which a further rental to a subsequent hirer is not possible without cleaning, drying or further measures to make it usable again, the hirer must pay for this expense, unless this condition already existed on delivery (see point Defects). This also applies if the instructions for use, cleaning and maintenance on the booking or in the operating instructions are disregarded. The expenditure will be calculated according to the time and material required and will be invoiced at an hourly rate of 38€ gross per hour for an expenditure of more than 10 minutes. In this case, pictures will be taken for documentation purposes and sent to the hirer as evidence together with the subsequent invoice. The lessee must settle this immediately. If a possible deposit is available, the amount will be deducted from it.
18. Cancellation & Changes
If a booking has already been paid for, a refund will be made in the event of cancellation by the hirer less a cancellation fee. This is a flat rate of 10€ handling fee plus 50% of the total amount minus any deposit. The remaining difference will be refunded to the hirer immediately after cancellation by way of the original payment. Alternatively, the hirer can have the rental period changed free of charge subject to availability or have the full amount credited to their customer account as a credit for future rentals. (see point Vouchers & Credit). Furthermore, bookings that have already been transferred or sent cannot be cancelled. Changes to bookings are usually possible without problems and free of charge after timely consultation. However, if the changes are massive or repeated, the landlord reserves the right to charge additionally for this effort.
If the lessee fails to comply with essential contractual obligations, the lessor may terminate this agreement without notice. This applies in particular if he does not comply with the request for identification and thus the commencement of the lease requested by the tenant is no longer feasible. This also applies if insolvency proceedings are opened against the lessee's assets or if there is a justified suspicion of insolvency or fraud. If the lessor does not fulfil his contractual obligations, the tenant may terminate the contract without notice. This applies in particular in the event of failure to deliver the rental item on time.
20. Lessee & Identification
The lessee assures that all data provided by him during registration or ordering (e.g. name, address, e-mail address, bank details, VAT ID if applicable) are correct and that he has not used any data provided by third parties. The lessee undertakes to inform the lessor immediately of any changes to the data. The customer shall be liable for misuse of the access data by third parties, insofar as he is responsible for this. This may also result in him being obliged to pay usage fees for goods which he has not ordered himself. The lessee must have full legal capacity and be registered in Germany with a fixed address. A valid identity card or other legally valid proof of identity and registration address (e.g. confirmation of registration) must be presented when goods are accepted for rental in order to prevent possible attempts at fraud (see data protection information).
When orders are placed via the website, the provider only enters into contractual relationships with natural persons who are of full legal age. We ensure the minimum age by using a reliable procedure involving a personal identity and age check.
21. Retention of title
The rental items with all their components remain the unrestricted property of the lessor. Pledging, transfer by way of security, sale or transfer of the rented items is expressly not permitted. The lessee shall inform the lessor immediately of any judicial enforcement measures. The costs of intervention measures to protect the possession and ownership rights of the lessor shall be borne by the lessee. The customer may not modify the goods. No alteration of the goods shall be deemed to be a rectification of a defect in accordance with the provisions of Section 536a (2) of the German Civil Code (BGB) or wear and tear of the goods as a result of their use in accordance with the contract within the meaning of Section 538 of the German Civil Code (BGB). The customer is not entitled to reimbursement of expenses for changes made by him in accordance with § 539 para. 1 BGB. The supplier is entitled to restore the original condition after the end of the contract at the customer's expense.
22. Applicable law & place of jurisdiction
The law of the Federal Republic of Germany shall apply to these Terms and Conditions and the entire legal relationship between the Lessor and the Lessee. If the Lessee is a merchant or a legal entity under public law, the place of performance and jurisdiction for all disputes and liabilities shall be the Lessor's registered office, 10247 Berlin. All amendments and/or supplements must be made in writing.
23. Severability clause
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the rest of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision.
24. Data protection
25. Final provisions
Should individual provisions of the GTC be invalid, this shall not affect the validity of the remaining provisions of the GTC. If the Lessee is a merchant within the meaning of the German Commercial Code, the place of jurisdiction for all disputes arising between the Lessee and the Lessor shall be Berlin. The Provider is entitled to transfer the rights and obligations arising from the contract with the Hirer in whole or in part to another company. The Lessee shall receive a notification from the Lessor regarding the transfer of the contract by a third party company, which shall also specify a period within which the customer may terminate the contract and request the deletion of the customer account if he does not agree to the transfer to the third party company.