Terms & Conditions Rental

Section 1 Rental Price and Payment Terms

The rental price is determined according to the Lessor's currently valid price list and the written agreements from the rental contract or acceptance of the offer. Prices are exclusive of the statutory VAT. The rental items are insured. Further details on insurance and deductible are regulated in § 10 of these GTCs. The Lessor issues the rental price invoice. The invoiced amount is to be paid by the payment date stated on the invoice without deduction.

Cancellation Terms:
A cancellation of the rental is free of charge up to 48 hours before the agreed rental start. If the cancellation is made less than 48 hours before the rental start, a cancellation fee of 50% of a daily rental fee will be charged. If a cancellation of the rental is made less than 24 hours before the rental start, a cancellation fee of 80% of a daily rental fee will be charged.

For credit card payments, the rental price, any shipping costs, and the rental deposit are reserved on the credit card. This amount is not available to the renter for further transactions. Upon contract conclusion, the rental price and any shipping costs will be charged. The deposit amount will be canceled after the rental items are returned and inspected without complaints. Unless otherwise agreed, all due amounts will be charged to the renter’s credit card. The renter authorizes the lessor to debit all due claims from the credit card designated for this purpose.

In addition to the rental payment, a deposit in the amount of the market value of the rented items may be required. This deposit will also be reserved on the renter's credit card and refunded after the return and inspection of the rental item. Furthermore, a copy of the renter's identification card is required to complete the rental process.

Discount Scaling:

Note: This discount scaling serves as a general guideline. Deviations may occur depending on individual circumstances, orders, or agreements. Special agreements must always be recorded individually and in writing.

If the payment deadline is exceeded, the Lessor is entitled to charge default interest of 5 percentage points above the base rate of the European Central Bank (ECB) for consumers and 8 percentage points above the respective base rate of the ECB for merchants. The Lessor is entitled to claim a flat rate of 5.00 euros for each reminder that is issued after the payment due date.

The Lessee can only offset or claim a right of retention against the Lessor’s payment claims if the Lessee’s counterclaim is undisputed or legally established.

Section 2 Rental period

The rental period is based on the contractual agreements. The rental period begins at the time the rental items are provided at the Lessor’s warehouse. The rental period ends upon receipt/return of the rental items at the Lessor's warehouse but not before the agreed rental period expires. A minimum rental period of 24 hours applies, regardless of the actual usage duration. If the Lessee continues to use the rental items after the agreed rental period has ended, the rental relationship is not considered extended. § 545 BGB does not apply.

Section 3 Acceptance of Rental Items, Immediate Inspection Obligation of the Lessee

Upon collection or receipt of the rental items by the Lessee, the Lessee must inspect the rental items and accessories. Any visible defects must be reported immediately upon collection/delivery. Otherwise, by accepting the rental items and accessories, the Lessee confirms that the items/accessories are in proper and contractual condition.

If defects/damage occur during the use of the rental items/accessories, these must be reported immediately to the Lessor by email or fax. The type of defect/damage must be described in detail, and the time of occurrence must be specified. The rental item/accessory may not be repaired by the Lessee or a third party. All repairs must be carried out by the Lessor.

The Lessee is not released from payment of the rental fee nor entitled to a rental reduction for late or untimely defect reporting.

The transfer of the rental item to third parties is not permitted without the express written consent of the Lessor. If third parties gain access, for example, through enforcement measures, the Lessee must inform the Lessor immediately in writing by email or fax.

Section 4 Return of Rental Items

The rental items must be returned according to the contractual agreement no later than the day after the rental period ends by 10 AM. For late returns of the rental items, the Lessor is entitled to compensation according to § 546a BGB. A recalculation is made up to the actual day of return. The Lessee must pay a fee equivalent to the agreed daily rental price plus statutory VAT for each day of late return. For any return after 10 AM, the full daily rate will be charged. If the Lessee does not pay the invoice after the second reminder and thus falls into default, any potential discount is forfeited, and default interest will be charged according to legal regulations.

Regardless of the time of return, the full daily rate is always payable for late returns. The rental item must be returned in its original packaging and with all accompanying documents, such as instructions for use, if provided by the Lessor.

Section 5 Shipping, Costs, Transfer of Risk

The Lessor provides the rented items at the agreed warehouse for collection at the agreed time. The risk passes to the Lessee upon acceptance of the items by the Lessee. The transport costs are borne by the Lessee. The risk passes upon leaving the warehouse, even if the Lessee arranges the transport.

If desired by the tenant, they may arrange for a courier to collect the goods. In exceptional cases, such as international productions or next-day deliveries, the lessor may also organize the transport.

If the Lessor ships or delivers the rental item through a third party/another company at the request of the Lessee, the risk, i.e., the risk of deterioration or loss of the rental items/accessories, passes to the Lessee as soon as the rental item has been handed over to the transport company/the person designated for shipping by the Lessor. For a return shipment, the risk passes back to the Lessor upon receipt of the rental item/accessories by the Lessor.

Section 6 Ownership of Rental Items

The rented items remain the property of the Lessor. Pledging, security transfer, or sale of the rental items is not permitted. Any transfer of the rental items to third parties is not allowed without the express and written consent of the Lessor. The Lessee must immediately notify the Lessor of enforcement measures related to the rental items. The costs incurred in this context to protect the Lessor's ownership rights are to be borne by the Lessee. The Lessee must also compensate for any damage caused by the rental items’ unavailability.

Section 7 Lessor’s liability

The Lessor is liable for damages resulting from gross negligence or intentional breach of duty by the Lessor (representatives or agents). Otherwise, liability claims (e.g., for damages due to disturbances/defects in equipment – explicitly including data loss) are excluded. The Lessor is not liable for data loss that occurs during the use of storage media. The Lessee is required to take appropriate measures to safeguard against potential data loss.

This exclusion of liability does not apply in cases of injury to life, body, or health. In the latter case, statutory provisions apply. The claim for damages due to breach of essential contractual obligations is limited to foreseeable damage typical of the contract. If the Lessor is responsible for delivering the rental items to the Lessee and the delivery is delayed for reasons beyond the Lessor's control, no corresponding claims from the Lessee (e.g., claims for damages due to delay) exist. The same applies if the Lessor is responsible for picking up the rental items. The Lessor is not liable for direct or indirect damages resulting from disruptions, failures, etc., of the rented items and accessories. The Lessor's liability for damage to the property and other legal assets of the Lessee or third parties is excluded.

Section 8 Lessee’s Obligations and Liability

The Lessee agrees to handle the rental item and accessories professionally, properly, and carefully. The Lessee is obligated to secure the rental items against damage and theft by third parties. The Lessee guarantees that the rental items will only be transported, stored, set up, and operated by professionally trained persons. Specific instructions and safety regulations from the Lessor regarding the use and transport of the rental item must be followed.

Flash generators without voltage stabilizers may only be operated on generators and generator wagons with Progas2 or an appropriate voltage stabilizer.

In the event of theft, burglary, robbery, or other loss of rental items, the Lessee is obliged to immediately involve the police and have the incident recorded in a report by the police.

The Lessee is liable for damages caused by their fault. The Lessee is responsible for intent and gross negligence, § 276 BGB. The Lessee must also be liable for damage caused by persons in their environment to the rental item. Liability also extends to damages caused by improper packaging, return transport, or culpably delayed return.

For the duration of the repair and in case of loss, the Lessee is required to pay the rental price plus VAT if they or third parties as defined in § 278 BGB are responsible for the loss or damage.

Subleasing is prohibited.

Section 9 Liability for Third Parties

In accordance with their duties of care and reporting, the Lessee is responsible under § 278 BGB for the fault of any persons who come into contact with the rental item at the Lessee's request.

Section 10 Insurance and Deductible

The Lessor has insured the photo rental items against theft and damage. The insurance coverage is worldwide. It is noted that negligence, unattended equipment, overvoltage, moisture damage, and glass breakage are not covered by this insurance. The Lessee may take out such insurance themselves if needed. The Lessee agrees to use the rental items according to the insurance conditions. Otherwise, there is no insurance coverage, and the Lessee is fully liable. The insurance conditions are available at the Lessor's business premises and can be reviewed by the Lessee.

The deductible is:

• € 400.00 net for equipment damage per rental transaction.
• € 1,000.00 net for rental car damage.

In the event of a claim, the Lessee is responsible for at least the above-mentioned deductible, which they must pay or reimburse to the Lessor. It is noted that compensation by the insurance will not occur in cases of intentional or grossly negligent damage. Such damages must be fully compensated by the Lessee to the Lessor.

The equipment is insured by the Lessor. However, if the value of a single film camera set exceeds €70,000, it is not covered by the Lessor’s insurance. In this case, the Lessee is required to take out their own insurance for the film camera set before the rental begins and to provide the Lessor with proof of this insurance. Without this proof, the set cannot be rented. The Lessee is fully responsible for all damages to this equipment. In the event of a claim, the Lessee must immediately provide a written report to the Lessor by email.

In the case of theft, burglary, robbery, or other loss of the equipment, the Lessee is required to immediately contact the police and have the incident recorded in a police report.

Section 11 Miscellaneous

There are no verbal side agreements, and such agreements are not valid. Any changes or additions to the contract must be made in writing.

Section 12 Jurisdiction

In the event of disputes arising from the contract, the law of the Federal Republic of Germany applies exclusively.

The Lessor has multiple business locations – currently in Berlin, Stuttgart, and Marbella. The place of jurisdiction is the location of the Lessor's business that is responsible for the respective contract, provided the Lessee is a merchant.

Section 13 Severability Clause

If any provision of this contract or these general terms and conditions is or becomes invalid or unenforceable, the validity of the remaining provisions remains unaffected. A valid provision that comes as close as possible to the intent and purpose of the invalid or unenforceable provision will replace it. The same applies to any gaps in the contract.