Turmservice.de GmbH

General rental agreement conditions for the rental of work platforms, construction machinery, construction equipment and industrial machinery (as of May 2023)

General – scope and conclusion of contract

1.1 These general rental contract conditions of the landlord apply to all offers and rental contracts for the rental of work platforms, construction machinery, construction equipment and industrial machinery. The tenant’s general terms and conditions are hereby expressly contradicted.

1.2 These general rental contract conditions also apply to future contracts for the rental of movable property with the same tenant, provided that the tenant is an entrepreneur according to Section 1.5.

1.3 Individual agreements with the tenant (including additional agreements, additions and changes) always take precedence over these rental agreement conditions. Only agreements made in writing apply.

1.4 Legally relevant declarations and notifications that must be made by the tenant to the landlord after the conclusion of the contract must be in text form to be effective.

1.5 The underlying rental agreement and these general rental agreement conditions apply to both a consumer (hereinafter referred to as “consumer”) as well as an entrepreneur, a legal entity under public law or a special fund under public law in accordance with Section 310 Paragraph 1 Sentence 1 BGB (hereinafter “ called “entrepreneur”.

1.6 All offers from the landlord are non-binding and subject to appropriate availability.

Additionally in the online shop:

1.7 The offers in the online shop represent a non-binding invitation to submit an inquiry to rent the respective technical equipment. The potential tenant submits a binding offer to conclude a rental agreement. When the potential tenant places an order with the landlord, the landlord sends a message confirming receipt of the order and listing its details (order confirmation).

1.8 In the event that the potential tenant’s offer is accepted and the rental agreement is concluded, the landlord will send the tenant an order confirmation accepting the offer and clarifying the contractual conditions.

1.9 If one of the general rental agreement conditions is or becomes ineffective, the regulation that comes closest to the economic purpose intended by the effective provision in a legally permissible manner is deemed to have been agreed. The effectiveness of the remaining provisions remains unaffected.

General rights and obligations of landlords and tenants

2.1 The landlord undertakes to leave the rental property to the tenant for the agreed rental period. Upon handover, additional operating and maintenance instructions will be handed over together with the vehicle documents and the operating instructions. The landlord is also obliged to provide the tenant with the load capacity tables and support pressure tables of the rental item necessary to assess the use, as well as to disclose any dimensions, weights, axle loads and wheel pressures, provided that these comply with the legally permissible construction and operating regulations of Sections 32, 34 ff Exceed StVZO.

2.2 The tenant is obliged to take note of the entire contents of all documents handed over and to observe the instructions before putting the rental property into operation. He must also inform the people he employs about the information and the documents handed over to him and document the briefing in writing. If the tenant violates the aforementioned obligations, he is liable for all resulting damage.

2.3 The tenant undertakes to only use the rental item as intended, in particular to carefully observe the relevant accident prevention and occupational safety regulations as well as road traffic regulations, in particular with regard to loading and transport of the rental item, to pay the rent as agreed, to treat the rental item properly and upon expiry of the rental item To be returned cleaned and with a full tank during the rental period.

2.4 The tenant is obliged to inform the landlord immediately upon request of the respective location and place of use of the rental item as well as any intended change of location or place of use. In addition, before the start of the operation, the tenant is obliged to inquire about obstacles in the swing area such as buildings, systems, neighboring machines, underground floor risks such as sewers, manhole covers, underground car parks, possible weight restrictions of road structures or floor ceilings as well as current-carrying systems and cables and that Inform operating personnel of such existing risks and dangerous situations before starting the operation. The checklists of the Federal Office for Occupational Safety and Health (BAUA) No. 1: Construction site inspection and No. 2: Construction site equipment must be adhered to by the tenant on his own responsibility.

2.5 The landlord’s prior written consent must be obtained if the tenant is using the rental item in a dangerous working environment, e.g. locks, at hydraulic construction sites and during floods, in salt mines or for sandblasting, concrete, plastering, painting and varnishing work or for use with hazardous substances ( e.g. asbestos, insecticides, etc.). At the end of the rental agreement, he must clean/decontaminate the rental property properly and professionally. He also bears all resulting downtime costs for the rental property.

Transfer of the rental property, default by the landlord

3.1 The landlord must hand over the rental item to the tenant in a perfect, operational and fully fueled condition with the necessary documents.

3.2 If the landlord defaults on the rental at the start of the rental period, the tenant can demand compensation if it can be proven that he has suffered damage due to the delay. Without prejudice to Section 8.1, in the event of slight negligence, the compensation to be paid by the landlord for each working day is limited to a maximum of 10% of the net individual order value. After setting a reasonable deadline, the tenant can withdraw from the contract if the landlord is still in default at this point.

3.3 If the tenant is an entrepreneur, in the event of default, the landlord is also entitled to provide the tenant with a functionally equivalent rental item to repair the damage, if this is reasonable for the tenant.

Defects when handing over the rental property

4.1 The tenant is entitled to inspect the rental property in good time before the start of the rental period and to report any defects. The tenant bears the costs of an examination.

4.2 If the renter is a consumer, the statutory provisions apply to defects in the rental item. If the tenant is an entrepreneur, the following applies: Defects that are apparent upon transfer and which have a significant impact on the intended use can no longer be reported if they have not been reported to the landlord in text form immediately after inspection. Any other defects already present upon delivery must be reported in text form immediately upon discovery. Otherwise, numbers 4.3 and 4.4 apply.

4.3 The landlord must, at his own expense, rectify any legitimate defects that were reported when the property was handed over in a timely manner. At the landlord’s discretion, he can also have the tenant carry out the removal; he then bears the necessary costs. The landlord is also entitled to provide the tenant with a functionally equivalent rental item if this is reasonable for the tenant. In the event of significant impairments to the rental property, the tenant’s obligation to pay is postponed until the property is no longer fit for use in accordance with the contract. For the period during which the fitness is reduced, the tenant only has to pay an appropriately reduced rent. An insignificant reduction in fitness is not taken into account. Otherwise, Section 536a Paragraph 1 of the German Civil Code (BGB) applies unless the landlord ensures repairs or an equivalent replacement within 24 hours.

4.4 The tenant has the right to withdraw from the contract if the landlord, through his fault, allows a reasonable grace period set for him to remedy a defect that existed at the time of rental to expire without result. The tenant’s right of withdrawal also exists in other cases where the landlord fails to remedy a defect that existed during the rental.

Rental price and payment, assignment to secure the rental debt

5.1 The calculation of the rent is based on a working time of 8 hours per day. Billing is carried out for every hour begun. Billing is based on a five-day week (Monday to Friday). Weekend and public holiday work, additional working hours and assignments or shift work must be reported to the landlord; they are charged additionally.

5.2 Unless otherwise stated, all prices are exclusive of VAT.
5.3 The landlord is entitled to demand an appropriate advance payment of the rental price or security (deposit) from the tenant at any time.

5.4 If the tenant is an entrepreneur, he only has the right to withhold payments or offset them against counterclaims to the extent that his counterclaims are undisputed or have been legally established or to the extent that they are such counterclaims that are ready for a decision in pending proceedings.

5.5 If the tenant is in arrears with the payment of an amount due for more than 14 calendar days after a written reminder, the landlord is entitled to return the rental item after notice without going to court at the expense of the tenant, who will enable access to the rental item and removal has to collect and otherwise dispose of it. The claims to which the landlord is entitled under the contract remain valid; However, the amounts that the landlord has earned within the agreed contract period, for example through renting to someone else, will be taken into account after deducting the costs incurred by the retrieval and re-letting.

5.6 If the tenant is an entrepreneur, amounts due will be included in the current account with regard to a current account retention of title agreed for deliveries between the contractual partners.
5.7 The landlord is entitled to demand an appropriate non-interest-bearing (if the tenant is an entrepreneur) or interest-bearing (if the tenant is a consumer) deposit from the tenant as security at any time.

 

Dormitory clause

6.1 If the work at the workplace for which the device is rented is suspended due to circumstances for which neither the tenant nor his client are responsible (e.g. frost, floods, strikes, civil unrest, war events, official orders or other unforeseeable events [epidemic or pandemics]) for at least 7 consecutive days, then from the 8th calendar day this time is considered as idle time.

6.2 The agreed rental period is extended by the idle time. Otherwise, Section 313 of the German Civil Code (BGB) applies.
6.3 The tenant must pay the agreed percentage of the agreed monthly rent corresponding to this time for the idle period, based on a daily shift time of 8 hours; unless otherwise agreed, the standard commercial percentage of 75% applies; If the tenant is a consumer, he is entitled to prove that this percentage did not arise or was not incurred to this extent.

6.4 The tenant must notify the landlord immediately in writing of both the cessation of work and its resumption and, upon request, provide evidence of the idle time with documents.

Tenant’s maintenance obligation

7.1 the tenant is obliged to

a) to protect the rental item from overuse in every way;

b) the daily visual and functional inspection of the rental item must be carried out in accordance with the instructions in the operating instructions and the relevant accident prevention regulations before the machine is used; Report any defects to the landlord immediately and refill missing operating fluids (e.g. battery water, engine oil) with the appropriate operating fluids or, if necessary, inform the Turmservice.de service;

c) to announce necessary inspection and repair work in good time and have it carried out immediately by the landlord. The landlord bears the costs if the tenant and his assistants can prove that they have taken all due care.

7.2 The landlord is entitled to inspect the rental property at any time and, after prior agreement with the tenant, to examine it himself or have it examined by a representative. The tenant is obliged to make the investigation easier for the landlord or his representative in every way. The landlord bears the costs of the examination.

Limitation of liability of the landlord

8.1 Further claims for damages against the landlord, in particular compensation for damage that did not occur to the rental property itself, can only be asserted by the tenant- an intentional breach of duty

the landlord;- a grossly negligent breach of duty by the landlord or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the landlord;
– the culpable violation of essential contractual obligations and the achievement of the purpose of the contract are jeopardized, with regard to the foreseeable damage typical of the contract;
– Damages resulting from injury to life, body or health that are based on a negligent breach of duty by the landlord or an intentional or negligent breach of duty by a legal representative or vicarious agent of the landlord;
– if the landlord is liable under the Product Liability Act for personal injury or property damage to privately used items.

Moreover, the liability for damages is excluded. This applies in particular to the landlord’s liability for financial loss to the tenant caused by a material defect in the rental property that was present or created when the rental agreement was concluded, unless (a) he is at fault or (b) he does not remedy the defect immediately and the tenant suffers damage as a result.

8.2 If, through the fault of the landlord, the rental item cannot be used by the tenant in accordance with the contract due to failure or incorrect execution of suggestions and advice before or after the conclusion of the contract as well as other contractual ancillary obligations – in particular instructions for the maintenance of the rental item – then further claims of the rented item are excluded The tenant applies the provisions of Sections 4.3 and 4.4 (if the tenant is an entrepreneur) and Section 1.5 (if the tenant is an entrepreneur or consumer) accordingly.

8.3 The landlord’s no-fault guarantee liability for initial defects in accordance with Section 536a Paragraph 1 Alt. 1 BGB is excluded – unless it involves injury to life, body or health.

Liability of the tenant when renting with or without operating personnel

9.1. When renting without operating personnel (pure machine rental), the tenant is liable for the proper and undamaged return of the rented item after the end of the rental period in accordance with the statutory provisions. During the rental period, he may only commission personnel to operate the rental item who comply with the relevant statutory occupational health and safety regulations and the accident prevention regulations of the trade association and in particular are qualified to operate the work equipment provided in accordance with part of TRBS 1203 (e.g. DGUV Principle 308-008 Operators of aerial work platforms , DGUV Principle 308-003, qualification for crane drivers and/or DGUV Principle 308-009 drivers of telescopic machines. If necessary, the operators must also have a valid driving license to take part in public road traffic. The BetrSichV is at the place of operation, in particular, to comply with TRBS 2111-Part 1 for mobile work equipment and, if necessary, the construction site regulations on your own responsibility.

9.2. If the rental property is rented with operating personnel, the provisions in No. 9.1 above apply. the landlord must fulfill the obligations mentioned above with regard to the provision of services for the staff provided. The tenant may use the landlord’s operating staff within the scope of his disposition and instruction authority exclusively to operate the rented item and not for other work. In the event of damage caused by the operating personnel, the landlord is only liable if he has not properly selected the operating personnel. Otherwise, the tenant bears liability in accordance with Section 278 of the German Civil Code (BGB) in accordance with the principles of a genuine temporary employment relationship.

Termination of the rental period and return delivery of the rental item

10.1 The tenant is obliged to notify the landlord of the intended return delivery of the rental item in good time and in advance (clearance notification).
10.2 The rental period ends on the day on which the rental item with all parts required for its commissioning arrives in a proper and contractual condition at the landlord’s storage location or at another agreed destination, but at the earliest upon expiry of the agreed rental period; Section 6.5 sentence 2 applies accordingly.

10.3 The renter must return the rental item in a safe, operational, full and cleaned condition or have it ready for collection; Section 8.1 letters b) and c) apply accordingly.
10.4 The return delivery must be made during the landlord’s normal business hours (from 7:00 a.m. to 6:00 p.m.) in a timely manner so that the landlord is able to inspect the rental item on that day. If the work platforms are not returned outside of business hours as agreed, the tenant is liable for damage that occurs in the period between the return and the start of opening hours – even through no fault of the tenant.

Breach of maintenance obligation

11.1 If the rental item is returned in a condition that shows that the tenant has not fulfilled his maintenance obligation as set out in Section 8, the tenant is obliged to pay the amount of the maintenance costs in accordance with the construction equipment list 2007 as compensation until the repair work that has been omitted in violation of the contract has been completed . If the tenant is a consumer, this only applies if the breach of the maintenance obligation provided for in Section 8 was culpable on the part of the tenant. The tenant is at liberty to provide evidence of missing or minor damage.

11.2 The extent of the defects and damage for which the tenant is responsible must be communicated to the tenant and he must be given the opportunity to check. The landlord must pay the tenant an estimated amount of the costs of the repair work required to remedy the defects and damage, if possible before the repair work begins.

11.3 The proper return delivery of the rental item is deemed to have been acknowledged by the landlord if noticeable defects in the case of timely return delivery within the meaning of Section 10.4 have not been reported immediately and, otherwise, and in the case of other defects, not within 14 calendar days of arrival at the destination.

Further obligations of the tenant

12.1 The tenant may neither transfer the rental item to a third party nor assign any rights from this contract or grant any rights of any kind to the rental item without the landlord’s prior written consent.

12.2 If a third party asserts rights to the rented item through confiscation, seizure or the like, the tenant is obliged to notify the landlord immediately in text form and verbally in advance and to notify the third party immediately by means of verifiable notification in text form.

12.3 The tenant is obliged to take appropriate measures against theft, embezzlement, vandalism or manipulation of the rental item. In the event of loss or damage to the rented item, the tenant must inform the landlord and the responsible police authorities without undue delay and immediately and report the damage or loss to the landlord within 24 hours. A copy of the police report must be sent to the landlord without being asked.

Termination

13.1
a) The rental agreement concluded for a specific rental period cannot be properly terminated by either contracting party.
b) The same applies to the minimum rental period within the framework of a rental agreement concluded for an indefinite period. After the minimum rental period has expired, the tenant has the right to terminate the rental agreement concluded for an indefinite period with one day’s notice.
c) For rental agreements for an indefinite period without a minimum rental period, the notice period is
– one day if the rental price is per day
– two days if the rental price is per week
– one week if the rental price is per month
is agreed.
13.2 The landlord is entitled to terminate the rental agreement after giving notice without notice or to terminate it without notice
a) in the cases of Section 6.5;
b) if after conclusion of the contract it becomes apparent to the landlord that the right to rent payment is jeopardized by the tenant’s inability to pay;
c) if the tenant does not use the rental item or part of it as intended without the landlord’s consent or moves it to another location outside the Federal Republic of Germany without the landlord’s prior written consent;
d) in cases of violations of Section 8.1 and Section 12.1.
13.3 If the landlord makes use of the right of termination to which he is entitled in accordance with Section 13.2, Section 6.5 in conjunction with Sections 10 and 11 shall apply accordingly.
13.4 The tenant can terminate the rental agreement after notice without notice if the use of the rental property is not possible in the long term for reasons for which the landlord is responsible.

Applicable Law and Jurisdiction

14.1 This contract is subject to the law of the Federal Republic of Germany.
14.2 The place of performance for all services arising from or in connection with the contract is the landlord’s place of business or the headquarters of its branch that concluded the contract.
14.3 If the tenant is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the landlord’s place of business or – at his discretion – the headquarters of his branch office which enters into the contract has completed. The landlord can also appeal to the court responsible for the tenant.