GENERAL TERMS AND CONDITIONS (AGB)-LETTING valid from 01.01.2020
I. Subject of the GTC:
1 The following terms and conditions of business cover the rental of items, in particular of aircraft trolleys and their accessories. They form the basis of this contract.
Not affected by the underlying rental contract and these terms and conditions are the transport as well as assembly and disassembly of items which are not the subject of the rental contract.
II General Information:
1. rental and delivery are exclusively subject to the following conditions. Deviations and additional agreements require the written confirmation of the lessor.
2. any terms and conditions of hire of the hirer are hereby expressly contradicted. They do not bind the lessor even if they are not even rejected at the time of conclusion of the contract.
Should individual provisions of these General Terms and Conditions of Business be wholly or partially invalid or have not become part of the contract in whole or in part, the rest of the contract shall remain valid. In case of invalidity or non-inclusion of provisions, the content of the contract shall be governed by statutory provisions.
In the event of non-compliance with the conditions, in particular in the event of payment arrears on the part of the Lessee, the Lessor shall be entitled to suspend the execution of existing orders in whole or in part until the conditions are fulfilled. In case of default of payment, the lessor is entitled to withdraw from unfulfilled contracts.
III. conclusion of contract:
1. an order shall be deemed to have been accepted when it has been confirmed in writing by the lessor or when the goods have been handed over. Likewise, additions and amendments require the written confirmation of the lessor to be legally effective. The offers of the lessor are subject to change without notice.
2. illustrations, dimensions and weights shall not become part of the contract or part of the contract. A guarantee for their compliance is not assumed.
3. fees and other costs connected with the fulfilment of official requirements shall be borne by the hirer.
4. all prices are subject to the statutory value added tax.
1. the lessor shall fulfil the rental agreement by making the goods available at his production facility, even if he moves the goods to another location. The transfer of risk to the lessee shall take place when the goods are separated and made available in the production facility by the lessor.
2. if the lessor is unable to procure a particular item, he may perform the contract by providing another item for which the difference from the equipment specified in the contract is to be regarded as insignificant.
V. Terms of payment:
1. invoicing shall take place at the latest when the equipment is made available, i.e. when it is segregated The lessor is entitled to demand advance payment or the deposit of a security. The invoices are payable free of postage and expenses. A right of retention based on claims against the lessor arising from contracts not related to the lessor, as well as set-offs against claims arising from such contracts that are undisputed and legally binding, are excluded.
2. cheques are only accepted by the lessor on account of payment. Payment instructions and cheques shall only be considered as payment on the day of the irrevocable credit entry. Bank charges shall be borne by the lessee.
VI Warranty and liability of the lessee/landlady:
1. the lessee declares that the leased object is free of defects when it is handed over by the lessor. The lessee shall have the opportunity to inspect the items for defects when the items are handed over. The surrender of the leased item shall take place when the lessee acquires the actual power of disposal over the leased item, but at the latest when it is put into operation. From this time on, the lessee shall bear the burden of proof that a defect existed prior to the surrender of the leased item.
2. in the event of a defect before or at the time of conclusion of the contract, the lessor shall only pay damages to the extent that he is guilty of intent or gross negligence. Otherwise, any warranty claims, in particular rent reductions or claims for damages, in particular due to consequential damages, are excluded or limited to the amount covered by the business liability insurance.
3. the warranty claim against the lessor shall not apply if a. it is not asserted with the lessor within 8 days after the defect has been determined, or b. the lessee does not fulfil the contractual obligations incumbent on him, in particular does not fulfil his payment obligations in good time, or c. the leased object has been altered by third parties or by the installation of parts of foreign origin, and the damage is causally connected with the alteration, or d. the lessee has not fulfilled the contractual obligations incumbent on him, in particular does not fulfil his payment obligations in good time. the lessee does not comply with the regulations concerning the treatment of the leased object, or e. wear and tear or damage is due to negligent or improper treatment, or f. the lessee does not grant the lessor the reasonable time or opportunity to carry out all repairs and replacement deliveries which the lessor deems necessary.
4. in the event of late delivery or provision of the rental object by the lessor, the lessee may only demand compensation for the replacement, but not for loss of profit.
5. the lessee is obliged to take out all the usual insurance policies for the leased item.
6. if the lessee withdraws from the rental agreement or refuses to accept the lessor's performance for any other reason, the lessee shall pay compensation for the expenses incurred and reduced possibilities of another rental in accordance with the following provisions 100 % of the performance owed shall be understood to be the total contract volume, which is composed of the rent plus any agreed wages for work and services of subcontractors commissioned by the Lessor. All prices are exclusive of statutory value added tax. The calculation of the following periods shall be based on the date on which the Lessor receives the written declaration of withdrawal from the rental agreement between the parties. Thereafter, the Lessee shall pay the following cancellation fees upon withdrawal:
up to 8 weeks before the start of the rental period 10 % of the order volume
up to 4 weeks before the start of the rental period 20 % of the order volume
up to 2 weeks before the start of the rental period 35 % of the order volume
up to 1 week before the start of the rental period 50 %. of the order volume
up to 3 days before the start of the rental period 75 % of the order volume
If the rental object is not collected after the due date, the renter shall owe compensation amounting to 75% of the order volume. The Lessor shall be entitled to set the Lessee a short period of grace after the due date and, if this period expires without result, to rent out the leased object to another party.
7. the lessee shall treat the goods handed over to him with care. The rental objects are to be handed over to the lessee in the same condition as the lessee received them.
8. if the goods are soiled, pasted over or otherwise altered and handed over to the lessor, the hire item shall be restored to its original condition by the lessor at the lessee's expense. The expenditure shall be charged according to time. Should special aids be necessary, these will also be listed separately and invoiced. Each hour or part thereof shall be invoiced at EUR 60 plus VAT at the statutory rate.
9. the hirer shall carefully repack the hired object in its original packaging after the end of the agreed hire period. Care must be taken to ensure that no objects can come into direct contact during transport.
10. if collection is organised by the lessor, this is a service which the lessor is prepared to provide at the risk of the lessee. The Rental Firm shall ensure that access to the hired object is possible for the person collecting it. Delivery of the goods to the Lessor shall also be at the risk of the Lessee.
VII. impossibility, adaptation of the contract:
1. if it becomes impossible for the lessor to provide the service incumbent on him, the general principles of law shall apply with the following proviso: if the impossibility is due to the fault (intent and gross negligence) of the lessor, the lessee shall be entitled to demand compensation, but the lessee's claim for compensation shall be limited to 10% of the value of that part of the hire or service which cannot be taken into useful operation due to the impossibility.
If unforeseen events beyond the control of the lessor (force majeure) considerably change the economic significance or the content of the service or have a considerable effect on the lessor's operations, the contract shall be adjusted accordingly. If this is not economically justifiable, the lessor may withdraw from the contract.
VIII. Place of performance and jurisdiction:
The place of jurisdiction for any disputes arising from the business relations between the parties to the contract shall be exclusively the court having jurisdiction for the district of Cologne. German law shall apply to the business relations between the contractual parties.
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