Table of Contents

1. Scope of ApplicationConclusion of Contract
2. Right of Withdrawal
3. Handover of the Rented
4. roperty
5. Rent and Payment Terms
6. Security Deposit
7. Use of the Rented Property; Subletting to Third Parties
8. Obligations of the Tenant
9. Alterations to the Rented Property
10. Landlord’s Duty of Maintenance; Tenant’s Rights in the Event of Defects
11. Liability
12. Contract Term; Termination of the Tenancy
13. Return of the Rented Property
14. Governing Law
15. Jurisdiction
16. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of vonRock Events GmbH (hereinafter the “Lessor”) apply to all rental agreements concluded by a consumer or entrepreneur (hereinafter the “Lessee”) with the Lessor regarding the rental items presented on the Lessor’s website. The inclusion of any of the Lessee’s own terms and conditions is hereby expressly rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person, or a partnership with legal capacity, who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

The Renter may submit a non-binding inquiry requesting an offer from the Landlord via telephone, fax, email, letter, or the online contact form provided on the Landlord’s website. In response to such an inquiry, the Landlord shall send the Renter—via email, fax, or letter—a binding offer regarding the event previously selected by the Renter. The Renter may accept this offer by submitting a declaration of acceptance to the Landlord via fax, email, or letter, or by paying the rental fee specified in the Landlord’s offer, within 7 (seven) days of receipt of the offer; for the purpose of calculating this time limit, the day on which the offer is received shall not be included. In the event of acceptance by payment, the decisive factor shall be the date on which the payment is received by the Landlord. If the final day of the acceptance period falls on a Saturday, Sunday, or a public holiday officially recognized at the Renter’s place of residence, the deadline shall be extended to the next business day. If the Renter fails to accept the Landlord’s offer within the aforementioned time limit, the Landlord shall no longer be bound by said offer. The Landlord shall explicitly draw the Renter’s attention to this fact once again within the offer itself.

3) Right of Withdrawal

3.1 Consumers are, in principle, entitled to a right of withdrawal.

3.2 Further details regarding the right of withdrawal can be found in the Landlord’s instructions on withdrawal.

4) Handover of the Rented Item

4.1 As a general rule, the rented item is handed over by shipment to the delivery address specified by the Renter. In this regard, the delivery address provided during the Lessor’s ordering process shall be authoritative, unless otherwise agreed.

4.2 If the transport company returns the shipped rented item to the Lessor because delivery to the Renter was not possible, the Renter shall bear the costs of the unsuccessful shipment. This shall not apply if the Renter effectively exercises their right of withdrawal, if the Renter is not responsible for the circumstances that rendered delivery impossible, or if the Renter was temporarily prevented from accepting the offered service, provided that the Lessor had not given the Renter reasonable prior notice of the delivery.

4.3 If the parties have agreed that the Renter will pick up the rented item, the Lessor shall first inform the Renter via email that the rented item is ready for pickup. Upon receipt of this email, the Renter may pick up the rented item at the agreed pickup address, subject to prior arrangement with the Lessor. In this case, no shipping costs shall be charged.

4.4 In the event that the Renter picks up the rented item in person, the Lessor reserves the right to verify the Renter’s identity and age by means of a valid, official photo ID. If the Renter is a minor, the Lessor may make the handover of the rented item conditional upon the provision of written consent from the Renter’s legal representative.

4.5 If the Renter does not pick up the rented item personally but instead arranges for a third party commissioned by the Renter to do so, the Renter must notify the Lessor of the third party’s identity in advance. In the event that a third party picks up the rented item, the Lessor reserves the right to verify the third party’s identity by means of a valid, official photo ID.

5) Rent and Payment Terms

5.1 The prices listed on the Landlord’s website are total prices that include statutory VAT. Any additional delivery and shipping costs incurred, where applicable, are listed separately on the Landlord’s website.

5.2 The rent covers the remuneration for the provision of the leased item as well as for its maintenance and repair.

5.3 Adjustments and/or modifications to the leased item made at the Tenant’s request shall be remunerated separately, insofar as they are not required for the maintenance or repair of the leased item, or for ensuring its contractual use.

5.4 The rent shall be billed as follows:

– The rent is payable in advance for the entire contract term, unless otherwise agreed. For the payment of rent, the Tenant may choose from various payment methods listed on the Landlord’s website. Any additional delivery and shipping costs incurred, where applicable, must be paid together with the rent.

6) Security Deposit

6.1 To secure his claims, the Landlord reserves the right to require the Tenant to provide security in the form of a monetary sum (security deposit), the amount of which is specified in the offer on the Landlord’s website. The amount of the security to be provided by the Tenant is determined based on the market value of the rental item. The security deposit must be paid by the Tenant in advance, using the same method as for the payment of the rent.

6.2 If the Tenant returns the rental item in proper condition and with all accessories upon termination of the rental relationship, the Landlord shall refund the security deposit paid by the Tenant within seven calendar days. For the repayment of the security deposit, the Landlord may use the same payment method that the Tenant used to pay the deposit.

6.3 If the Tenant fails to return the rental item in its entirety or in proper condition, or if the rental item has been permanently lost, the Landlord shall retain the corresponding amount from the security deposit to cover his damages, provided that the Tenant is responsible for such loss or damage. The Landlord reserves the right to claim further damages should the security deposit prove insufficient to cover the full extent of the damage.

7) Use of the Leased Property; Transfer of Use to Third Parties

7.1 The leased property may be used only for the purposes contractually agreed upon.

7.2 The leased property is provided for the exclusive use of the Tenant. Without the Landlord’s permission, the Tenant is not entitled to transfer the right to use the leased property to any third party—specifically, the Tenant may not rent it out or lend it to others.

8) Obligations of the Tenant

The Tenant shall treat the leased property with care and protect it from damage. The Tenant shall comply with the Landlord’s instructions regarding maintenance, care, and use to the extent that such compliance is reasonable. Any markings on the leased property—specifically signs, numbers, or inscriptions—may not be removed, altered, or rendered illegible.

9) Alterations to the Leased Premises

9.1 The Landlord is entitled to carry out alterations to the leased premises, provided that such alterations serve the purpose of preservation. Measures intended for improvement may only be carried out if they are reasonable for the Tenant and do not impair the contractual use of the leased premises. The Landlord shall notify the Tenant of any such measures sufficiently in advance. Should the Tenant incur expenses as a result of these measures, such expenses shall be reimbursed by the Landlord.

9.2 Alterations and additions to the leased premises by the Tenant require the prior written consent of the Landlord. This applies in particular to additions or fixtures, as well as to the attachment of the leased premises to other objects. Upon the return of the leased premises, the Tenant shall, at the Landlord’s request, restore the premises to their original condition.

10) Landlord’s Duty of Maintenance; Tenant’s Rights in the Event of Defects

10.1 The Landlord is obliged to maintain the leased property in a condition suitable for its contractual use throughout the entire term of the lease and to carry out the maintenance and repair work required for this purpose. The corresponding measures shall be carried out at regular maintenance intervals as well as upon the occurrence of defects, malfunctions, or damage. The Landlord shall be granted the necessary access to the leased property for this purpose.

10.2 The Tenant shall notify the Landlord immediately of any defects, malfunctions, or damage that may arise.

10.3 Defects shall be remedied by means of cost-free rectification or repair of the leased property. The Landlord shall be granted a reasonable period of time to effect such remedy. With the Tenant’s consent, the Landlord may replace the leased property or individual components thereof for the purpose of remedying defects. The Tenant shall not unreasonably withhold such consent.

10.4 Termination by the Tenant pursuant to Section 543 Para. 2 Sentence 1 No. 1 of the German Civil Code (BGB) on the grounds of failure to grant contractual use shall be permissible only if the Landlord has been afforded a sufficient opportunity to remedy the defects and such remedy has failed. A failure to remedy defects shall be deemed to have occurred only if such remedy is impossible, if it is refused by the Landlord or unreasonably delayed, if there are well-founded doubts regarding the prospects of success, or if, for other reasons, the situation is deemed unreasonable for the Tenant. 10.5 The Tenant’s rights regarding defects are excluded insofar as the Tenant undertakes, or causes to be undertaken, alterations to the leased premises without the Landlord’s consent, unless the Tenant demonstrates that such alterations do not have any effects—unreasonable for the Landlord—on the analysis and rectification of the defect. The Tenant’s rights regarding defects shall remain unaffected, provided that the Tenant is entitled to undertake such alterations—in particular within the scope of exercising the right to self-remedy pursuant to Section 536a Para. 2 BGB—and that such alterations have been executed in a professional manner and documented in a verifiable way.

11) Liability

11.1 The Landlord’s strict liability pursuant to Section 536a Para. 1 of the German Civil Code (BGB) for defects that already existed at the time the contract was concluded is excluded.

11.2 In all other respects, the Landlord shall be liable to the Tenant for all contractual, quasi-contractual, and statutory claims—including tortious claims—for damages and reimbursement of expenses as follows:

11.2.1 The Landlord shall be liable without limitation on any legal grounds:

in cases of intent or gross negligence;
in cases of intentional or negligent injury to life, body, or health;
based on a guarantee, unless expressly stipulated otherwise in this regard;
based on mandatory statutory liability, such as under the Product Liability Act.
11.2.2 If the Landlord negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes upon the Landlord—based on its content—in order to achieve the purpose of the contract; the fulfillment of such obligations is a prerequisite for the proper execution of the contract and is something upon which the Tenant may regularly rely.

11.2.3 In all other respects, any liability on the part of the Landlord is excluded.

11.2.4 The foregoing provisions regarding liability shall also apply with respect to the Landlord’s liability for its vicarious agents and legal representatives.

12) Contract Term; Termination of the Tenancy

12.1 The tenancy is concluded for a fixed term and terminates automatically upon the expiration of the agreed rental period. The rental period is communicated to the Tenant on the Landlord’s website.

12.2 The tenancy commences upon the handover of the leased property to the Tenant.

12.3 The Tenant’s right to extraordinary termination pursuant to Section 543 Para. 2 Sentence 1 No. 1 of the German Civil Code (BGB) due to the failure to grant contractual use, as well as the right of either party to extraordinary termination for good cause, shall remain unaffected.

12.4 Terminations may be effected in writing, in text form (e.g., via email), or in electronic form using the termination tool (termination button) provided by the Landlord on their website.

13) Return of the Leased Item

13.1 Upon termination of the contractual relationship, the Lessee shall return the leased item to the Lessor in proper condition.

13.2 The Lessee shall reimburse the costs of restoration in the event of damage to or defects in the leased item for which the Lessee is responsible.

13.3 If, pursuant to the contract, the Lessee is obliged to return the leased item, the Lessee shall bear the costs of the return transport of the leased item, unless otherwise agreed.

13.4 In the event that the agreed rental period is exceeded, the Lessee shall be obliged to pay the Lessor, for each day of such excess, an amount corresponding to the agreed rental fee. The Lessor expressly reserves the right to claim damages exceeding this amount.

14) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the laws of the state in which the consumer has their habitual residence is not thereby withdrawn.

15) Place of Jurisdiction

If the Tenant acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Landlord’s place of business. If the Tenant has its registered office outside the territory of the Federal Republic of Germany, the Landlord’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract—or claims arising therefrom—can be attributed to the Tenant’s professional or commercial activity. However, in the aforementioned cases, the Landlord shall in any event be entitled to bring proceedings before the court at the Tenant’s registered office.

16) Alternative Dispute Resolution

The Landlord is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.