Terms and conditions

This is a courtesy translation. The German version is the legally binding one.

These terms apply to the hire of event equipment from nextparty24. No hire contract is concluded via this website: you send a non-binding request, we send you an offer, and the contract is only concluded when you accept that offer. Section 3 sets out the details.

There is no right of withdrawal for our hire contracts (section 5). Before the hire begins you can cancel under section 14. More on the right of withdrawal

§ 1 Scope and definitions

(1) These terms and conditions (the “Terms”) apply to all contracts for the paid hire of event, audio, lighting and party equipment as well as accessories and other event supplies concluded between the lessor and the hirer. They also apply to ancillary services provided by the lessor in connection with the hire, in particular delivery, collection, setup, teardown and instruction.

(2) These Terms apply in the version valid when the contract is concluded. The version sent to the hirer in text form together with the lessor’s offer is the one that governs.

(3) Terms of the hirer that differ from, conflict with or supplement these Terms do not become part of the contract unless the lessor has expressly agreed to them in text form. This also applies where the lessor performs without reservation while aware of such terms.

(4) A consumer for the purposes of these Terms is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession (section 13 of the German Civil Code). A business is a natural or legal person or a partnership with legal capacity acting in the exercise of its trade, business or profession when concluding the contract (section 14 of the German Civil Code). Where provisions of these Terms apply only to consumers or only to businesses, this is stated.

(5) “Hired items” means all items handed over to the hirer, including accessories, cables, adapters, cases, transport containers and documentation. “Hire period” is the period determined under section 6. “Event location” is the place of use of the hired items named in the contract.

(6) Individual agreements between the parties always take precedence over these Terms (section 305b of the German Civil Code).

§ 2 Contracting party and locations

(1) The hirer’s contracting party is exclusively nextparty24, proprietor Thomas Kästner, In den Wiesen 11, 38112 Braunschweig, Germany (the “lessor”). Full details are set out in the legal notice.

(2) The lessor maintains several locations. The location chosen when making a request determines from which depot the hired items are provided and which location-dependent delivery and service prices apply. It does not change the fact that the lessor alone becomes the contracting party.

(3) Where services at a location are performed by a legally independent company, that company acts as the lessor’s agent; the lessor is liable for its fault under section 278 of the German Civil Code. Claims under the hire contract are in all cases directed against the lessor.

(4) Where supplementary records or forms are used at handover at a location, these do not change the content of the hire contract. In the event of discrepancies, the hire contract and these Terms prevail.

§ 3 Conclusion of contract

(1) The presentation of items, packages and prices on the lessor’s website is not a binding offer but a non-binding invitation to the hirer to submit a request.

(2) By submitting the request form the hirer makes a non-binding request. A request is neither an offer nor a booking and creates no obligation to perform for either party. The lessor usually confirms receipt of the request automatically by email; this acknowledgement merely documents receipt and does not constitute acceptance.

(3) On the basis of the request the lessor submits a binding offer in text form stating the items, the hire period, the hire price, ancillary costs including delivery and service charges, any deposit, the payment terms and the period for which the offer is binding. Unless the offer states otherwise, that period is 14 days from receipt by the hirer.

(4) The hire contract is concluded when the hirer accepts the offer unchanged and in text form within the binding period. Acceptance may in particular be declared by email or using the “Accept quote” link in the email with which the lessor sends the offer; the lessor confirms receipt of such an acceptance by email without undue delay. If the hirer accepts the offer with amendments, this counts as a new request; a contract is then only concluded once the lessor confirms again in text form.

(5) If no contract is concluded under paragraph 4 but the items are nevertheless handed over by mutual consent, the contract is concluded upon handover on the terms of the most recent offer and these Terms.

(6) The lessor is not obliged to accept a request or to make an offer. In particular, the lessor may decline requests where the requested items are not available for the desired period, where the event location lies outside the delivery area, where delivery is not possible for operational reasons (for example if a delivery vehicle breaks down), or where in the lessor’s assessment the intended use cannot be carried out safely or technically. The lessor informs the hirer of a rejection by email.

(7) The lessor stores the contract text and sends it to the hirer together with these Terms in text form. The language of the contract is German. English versions of the contract documents and of the website serve comprehension only; in case of doubt or discrepancy the German version alone governs.

(8) The hirer must be of full age and have unlimited legal capacity when the contract is concluded. The lessor is entitled to have identity proven at handover by a valid official photo ID; no copy is made. If a person other than the hirer collects the items, that person must be named to the lessor in advance in text form; they prove their identity at handover with their own valid official photo ID.

(9) Instead of under paragraph 4, the hire contract may also be concluded in writing, in particular where the hire was not arranged via the website, for example by telephone, via a classified ads portal or in person. For this purpose the lessor presents the hirer with a written hire contract showing the hired items with their replacement value, the hire period, the prices and ancillary costs and the deposit; these Terms have been handed to the hirer before signing. The contract is concluded when both parties sign it; acceptance under paragraph 4 is then not required. The hirer receives a copy. The written hire contract also contains the handover record under section 9.

§ 4 Reservation, option and advance payment

(1) At the hirer’s request the lessor may provisionally note a date before a contract is concluded (option). The option creates no claim to the conclusion of a hire contract and no claim to the availability of the noted items.

(2) The option is free of charge and ends automatically when the binding period stated in the offer expires, at the latest 14 days after it was granted, without any declaration being required. The lessor will remind the hirer once in text form before the option expires but is not obliged to do so.

(3) If another party makes a binding request for the noted items for the same period, the lessor will inform the hirer and set a period of two working days for binding acceptance of the offer. If the hirer does not accept within that period, the option lapses and the lessor may dispose of the items otherwise.

(4) A binding reservation of the date and of the requested items going beyond paragraph 1 requires a hire contract to be concluded under section 3 and an advance payment to be made. If the lessor waives the advance payment under paragraph 5, the reservation is binding as soon as the hire contract is concluded.

(5) The advance payment amounts to 10 euros. It is stated in the offer. It is due within seven days of the conclusion of the contract, at the latest upon handover of the hired items. The lessor may waive the advance payment in individual cases; it informs the hirer of this in text form. If the hirer then pays it voluntarily, paragraphs 6 and 8 apply accordingly.

(6) The advance payment is not an additional charge but a part payment towards the total price. It is credited in full when the final account is drawn up.

(7) If the hirer does not make the advance payment within the period stated in paragraph 5, the lessor may request payment and set a reasonable additional period. Once that period has expired without result, the lessor may withdraw from the contract and dispose of the items otherwise.

(8) If the hire does not take place, the advance payment is refunded in full without undue delay. If the hirer withdraws under section 14, the advance payment is credited against any compensation owed there; any excess is refunded without undue delay.

§ 5 No right of withdrawal

(1) Consumers have no right of withdrawal for hire contracts with the lessor. The lessor provides a service in connection with a leisure activity, and the contract provides for a specific date or period of performance. For such contracts the right of withdrawal is excluded under section 312g(2) no. 9 of the German Civil Code. The items are reserved for the agreed date and cannot be hired out to anyone else for it.

(2) Before the contract is concluded, the lessor informs the hirer in the offer or in the written hire contract under section 3(9) that there is no right of withdrawal.

(3) Before the hire period begins, the hirer may withdraw from the contract under section 14. The compensation set out there applies.

(4) Irrespective of paragraph 1, businesses within the meaning of section 14 of the German Civil Code have no right of withdrawal.

(5) The hirer’s statutory rights, in particular in respect of defects in the hired items, are not affected.

§ 6 Hire period

(1) The hire period follows from the contract. It is stated with a date and time for its start and end. If no time is stated, a hire day is a period of 24 hours from handover. Any part of a hire day counts as a full hire day. The minimum hire period is one hire day.

(2) The hire period begins with the handover of the items to the hirer or a person instructed by the hirer, in the case of delivery by the lessor with their provision at the event location, and in the case of setup and teardown by the lessor with the start of the setup work. It ends with the complete return of the items to the lessor, in the case of collection by the lessor with the completion of teardown and loading.

(3) If the hirer collects or accepts the items later than agreed, the hire period nevertheless begins at the agreed time. If the hirer returns the items early, the hire period nevertheless ends only at the agreed time; this does not reduce the hire price.

(4) The hire price is owed irrespective of whether and to what extent the hirer actually used the items.

(5) Any extension of the hire period requires the lessor’s prior consent in text form. There is no claim to an extension. If it becomes apparent that the items cannot be returned on time, the hirer must inform the lessor without undue delay and in any event before the hire period ends.

(6) Continued use after the hire period has ended does not result in a tacit extension of the hire; section 545 of the German Civil Code does not apply. Section 20 governs the consequences of a late return.

§ 7 Delivery, collection, travel costs

(1) The items are handed over, at the hirer’s choice, either by collection from the depot of the agreed location or by delivery to the event location named in the contract. The offer states which options are available at the chosen location.

(2) Collection by the hirer is free of charge. It takes place within the collection times stated in the offer and in the agreed time window. The hirer must provide a suitable, sufficiently large and dry vehicle and must secure the load properly. The lessor may refuse to hand over the items if the vehicle is evidently unsuitable or safe transport does not appear to be ensured.

(3) If the lessor delivers, delivery costs are charged separately. They follow from the distance between the depot of the agreed location and the event location and from the per-kilometre rate stated in the offer. The amounts shown in the request form are non-binding advance estimates based on the postcode given by the hirer; only the offer is binding.

(4) Delivery is made to the first lockable door on the ground floor, provided there is access passable by a van and a level, unobstructed route. Carrying items inside the building, transport over stairs or between floors, as well as setup and teardown, are not included in delivery and are agreed and charged separately under section 8.

(5) The hirer must ensure that access to the event location is clear and passable at the agreed times and that a free stopping and parking space is available nearby for the duration of delivery, setup, teardown and collection. Costs incurred by the lessor due to a lack of parking (in particular parking fees, the cost of no-stopping zones and fines resulting from missing stopping areas) are borne by the hirer to the extent the hirer is responsible for them.

(6) If delivery or collection is impossible or only possible with considerable additional effort for reasons for which the hirer is responsible (in particular because nobody is present, the access route does not meet the requirements of paragraph 4, the address was given incorrectly, or the items are not complete and ready for collection), the lessor may refuse delivery or collection or charge the additional effort actually incurred. The offer states the applicable rates for labour and travel. The hirer remains free to prove that no additional effort or substantially less was incurred.

(7) If the hirer does not appear at the agreed handover or return appointment, the first 30 minutes are free of charge. The lessor charges waiting time beyond that according to the effort actually incurred at the rates stated in the offer. After 90 minutes the appointment counts as missed; a replacement appointment is agreed and charged separately. The hirer remains free to prove that no effort or substantially less was incurred.

(8) Collection by the lessor takes place at the agreed time, otherwise within 48 hours after the end of the hire period. The hirer must have the items ready for collection at the handover point, complete, sorted, cleaned and ready for transport.

§ 8 Setup and teardown

(1) Setup and teardown as well as cabling, configuration, operation and supervision of the items are the hirer’s responsibility unless expressly agreed otherwise.

(2) Setup and teardown by the lessor are an additional service to be agreed and paid for separately. They are charged at the flat rates or hourly rates stated in the offer. Times stated in the offer are estimates; additional effort for which the lessor is not responsible is charged in addition.

(3) For some items, setup by the lessor’s trained staff is mandatory; this is marked in the product catalogue and in the offer. Setup by the hirer is excluded for those items. Where the lessor sets up such an item, it also carries out the teardown.

(4) Where the lessor carries out setup or teardown, the hirer must ensure at its own expense that, at the agreed time, the event location is accessible and the installation area is clear, level, load-bearing and suitable; that a sufficient and properly fused power supply under section 16 is available; that a contact person of the hirer with authority to give instructions is reachable on site; that all necessary permits and consents under section 18 are in place; and that sufficient lighting is available for work outside daylight hours.

(5) Delays and additional costs caused by the conditions in paragraph 4 not being met are borne by the hirer and charged at the rates in paragraph 2. The hirer remains free to prove that less effort was incurred.

(6) If it turns out on site that a safe setup is not possible (in particular because of unsuitable ground, insufficient space, missing anchoring options or weather-related hazards), the lessor may refrain from setting up or may stop the work. The hirer is informed without undue delay. If the impossibility is due to circumstances for which the hirer is responsible, in particular incorrect or incomplete information about the installation site, the lessor’s claim to payment remains in place under section 14. If it is due to circumstances for which the lessor is responsible, the claim to payment for the services not provided lapses; payments already made are refunded.

(7) Work requiring special expertise (in particular rigging, suspensions, load attachment, truss and stage construction and work on the electrical installation) may only be carried out by suitably qualified persons. If the hirer carries out such work itself or through third parties, the hirer is responsible for their qualification and for compliance with the applicable rules.

(8) Where the offer provides for the hirer to assist with setup or teardown, the hirer must provide the number of suitable helpers stated there at the agreed time.

§ 9 Handover, handover record, passing of risk

(1) A handover record is drawn up at handover listing the items provided, including accessories and, where available, serial numbers, together with their condition. Both parties confirm the record; the hirer may have its own remarks added. The hirer receives a copy in text form.

(2) The hirer must check the items at handover for completeness and apparent defects so far as this is possible and reasonable in the circumstances. Any discrepancies found must be noted in the handover record. Section 24 applies to defects that become apparent later.

(3) If, exceptionally, a handover record cannot be drawn up, in particular because the items are provided in the hirer’s absence, the list prepared by the lessor serves as the basis unless the hirer objects to it without undue delay after receipt.

(4) The risk of accidental loss and accidental deterioration passes to the hirer upon handover of the items to the hirer or a person instructed by the hirer. In the case of delivery by the lessor, risk passes on provision at the event location; in the case of setup and teardown by the lessor, on completion of the setup. Risk passes back to the lessor upon return to the lessor, and in the case of collection by the lessor on completion of loading.

(5) If the hirer transports the items itself, it bears the transport risk from handover. If the hirer engages a haulage company, that company counts as the hirer’s agent.

(6) Once the hirer has reached a loyalty level under section 11, that is from its second hire, it may on request collect the items contactless, without a personal handover. A personal handover under paragraphs 1 and 2 remains available at any time. The lessor states the place and time window in text form before collection. On arrival the hirer calls the lessor, who then opens the access remotely. This requires the hire price and the deposit to have been received by the lessor in full before collection. The list under paragraph 3, which the lessor sends when the items are made available, takes the place of the handover record. The hirer checks the items on collection in accordance with paragraph 2 and reports missing parts and apparent defects without undue delay, at the latest before first use, in text form. Risk passes to the hirer when the hirer takes the items. The lessor may refuse a contactless handover in individual cases, in particular for items that only specialist staff set up (section 8), or if the loyalty level has been reset under section 11(7).

§ 10 Hire price, ancillary costs, due date, payment

(1) The prices stated in the lessor’s offer apply. Prices shown on the website are non-binding and serve as guidance; only the offer governs.

(2) For consumers all prices are final prices. The lessor is a small business within the meaning of section 19 of the German VAT Act; no VAT is charged and none is shown. This also applies to business customers.

(3) In addition to the hire price the following may arise: delivery and collection costs under section 7, payment for setup and teardown and other services under section 8, the cost of consumables (in particular fog fluid, batteries, lamps and adhesive tape), a deposit under section 13 and other ancillary costs stated in the contract. All ancillary costs are shown separately in the offer.

(4) The hire price, less any advance payment already made under section 4, is due for payment at the latest upon handover of the items. Section 4(5) governs when the advance payment itself is due. For a hire period of more than 14 days the lessor may issue interim invoices.

(5) The payment methods offered are cash on handover and bank transfer before handover. Payment by bank transfer is only deemed made once the amount has been credited to the lessor’s account without reservation; it must therefore be initiated early enough for the credit to arrive before handover. No additional charges are made for using one of the payment methods offered.

(6) Services whose extent is only established after the contract is concluded (in particular additional effort under sections 7 and 8, compensation for use under section 20 and cleaning and repair costs under sections 19 and 21) are invoiced afterwards and are due within 14 days of the invoice date.

(7) The lessor may refuse to hand over the items as long as an agreed advance payment or deposit has not been made.

(8) Discounts and price reductions only apply if they are stated in the offer and only under the conditions stated there.

§ 11 Loyalty levels

(1) The lessor grants hirers who hire repeatedly a discount on the hire price and on the deposit, tiered by loyalty level. There is no claim to being granted or keeping a loyalty level; the lessor may change or end the loyalty system for future contracts at any time. Contracts already concluded are not affected.

(2) The loyalty level corresponds to the number of hire contracts already completed between the hirer and the lessor, up to a maximum of level 15. A hire contract counts as completed once the items have been returned in full and the hire price has been paid in full. There is no loyalty level for a first hire; hire price and deposit are charged in full. Cancelled contracts are not counted.

(3) For each loyalty level the hire price is reduced by one per cent and the deposit by two per cent. The following discounts apply:

(4) The discount under paragraph 3 is calculated on the hire price under section 10 and on the total deposit under section 13(2). Ancillary costs, in particular delivery, collection, setup and teardown charges, are excluded from the discount. The discount is applied before any rounding down under section 13(4).

(5) The loyalty level at the time the contract is concluded is decisive. It is shown separately in the offer and in the hire contract, in each case broken down into base amount, loyalty level, discount and final amount. It is not applied retrospectively to contracts already concluded.

(6) The loyalty level is tied to the person and is not transferable. It cannot be paid out in money. It applies equally to consumers and businesses and across all locations, because under section 2 the lessor is always the contracting party.

(7) The lessor may reset the loyalty level if the hirer has breached contractual obligations to a significant extent. This applies solely in the following cases:

• repeated return of the items after the agreed return time, provided the hirer is responsible for the delay,
• damage to or loss of the items for which the hirer is responsible,
• default in payment of a sum due under a hire contract with the lessor.

The lessor notifies the hirer of the reset in text form, stating the reason. The reset is to the level the hirer would have reached without the hires concerned, and takes effect only for future contracts. After three further hires without objection the hirer moves up again in accordance with paragraph 2.

(8) In order to maintain the loyalty level, the lessor stores which hire contracts have been concluded and completed with the hirer, together with the resulting level. The legal basis is Article 6(1)(f) GDPR; the legitimate interest lies in customer loyalty. The hirer may object to a loyalty level being kept at any time in text form; future hires are then charged at full rates. If the hirer has not hired for three years, the lessor deletes the hire history including the loyalty level, unless statutory retention obligations prevent this. Details and the hirer's further rights are set out in the privacy policy.

§ 12 Default of payment

(1) If the hirer does not pay a due claim, the statutory rules on default apply. In relation to consumers, default occurs at the latest if payment is not made within 30 days of the due date and receipt of an invoice and the consumer was specifically informed of this in the invoice (section 286(3) of the German Civil Code); in all other cases, default by reminder or on a date fixed by the calendar remains unaffected.

(2) Interest is payable on the debt during default. The default interest rate is five percentage points above the base rate for consumers and nine percentage points above the base rate for businesses (section 288(1) and (2) of the German Civil Code). The right to claim further damages caused by the default is reserved.

(3) For each reminder sent after default has occurred, the lessor may charge the costs actually incurred, to the extent reasonable, but no more than 5 euros per reminder. Costs of returned direct debits are passed on in the amount actually incurred. In both cases the hirer remains free to prove that no damage or less damage was incurred.

(4) In relation to businesses the flat sum under section 288(5) of the German Civil Code applies in addition.

(5) If the hirer is in default with a payment amounting to a not insignificant part of the hire price, the lessor may, after setting a deadline without success, terminate the hire for good cause and demand the return of the items. The hirer bears the cost of recovery to the extent it is responsible for the default.

§ 13 Deposit

(1) A deposit is charged for the provision of the items. Whether and in what amount a deposit applies to an item is stated with each item in the product catalogue and follows bindingly from the offer; a deposit not shown in the offer cannot be demanded afterwards. No deposit applies to items that are sold.

(2) The deposit is calculated per item. The total deposit for an order is the sum of the individual deposits of all requested line items, each multiplied by the quantity ordered, but no more than 300 euros per order, even if the sum of the individual deposits is higher. It is independent of the hire period and is charged once per hire. No deposit applies to items for which none is shown. The total deposit is stated separately in the request basket, in the offer and in the hire contract and must be paid at the latest upon handover.

(3) The deposit discount under section 11(3) is applied to the sum under paragraph 2 if the hirer has reached a loyalty level.

(4) The amount shown in the request basket is a calculation based on the individual deposits stored and on the loyalty level. Only the total deposit stated in the offer is binding. The lessor may set it below the calculated amount or round it down to a round figure. An increase beyond the amount under paragraph 2, that is beyond the sum of the individual deposits and beyond 300 euros per order, is excluded.

(5) The deposit secures all claims of the lessor arising from the hire, in particular for payment of the hire price and ancillary costs, for compensation for damage and loss including the amounts calculated under section 22, for cleaning costs and for compensation for use in the event of a late return.

(6) The deposit does not bear interest.

(7) The lessor settles the deposit after the items have been returned and checked and repays the amount not used without undue delay, at the latest 14 days after return. If the lessor retains part of the deposit, it informs the hirer of the reasons and the calculation in text form. If the amount of damage cannot yet be determined at the time of settlement, the lessor may only retain the amount likely to be required and settles without undue delay once the amount has been established.

(8) Set-off against the claim for repayment with claims from other contracts is only permitted to the extent that those claims are undisputed or have been established by a final court decision.

§ 14 Cancellation, withdrawal, non-acceptance

(1) The hirer may withdraw from the contract at any time before the hire period begins by a declaration in text form. Receipt of the declaration by the lessor is decisive for calculating the deadlines. An existing right of withdrawal under section 5 remains unaffected and takes precedence over this provision.

(2) If the hirer withdraws, the lessor may claim liquidated compensation instead of the hire price. Based on the agreed total price excluding the deposit, this amounts to: 0 per cent if the declaration is received 14 days or more before the start of the hire period; 25 per cent from 13 to 7 days before; 50 per cent from 6 to 2 days before; and 80 per cent less than 2 days (48 hours) before the start of the hire period.

(3) In every case the hirer remains free to prove that the lessor suffered no damage or substantially less damage. The lessor remains free to prove higher damage; in that case it must substantiate the damage specifically. Section 4(8) governs how an advance payment already made is credited.

(4) Expenses saved and other uses of the items must be taken into account when calculating the compensation. If the lessor can hire out the items to someone else for the same period, the compensation lapses to that extent.

(5) In addition to the compensation under paragraph 2, the hirer must reimburse expenses incurred by the lessor at the hirer’s express request for sub-hire, special procurement or custom-made items which cannot be used otherwise. The lessor must prove these expenses.

(6) If the hirer does not appear at the agreed collection appointment and does not take the items within the agreed time window, or refuses to accept delivered items without a defect being present, this is equivalent to a withdrawal at the time of the agreed start of the hire. Paragraphs 2 to 4 apply accordingly. In addition the lessor may charge the additional costs of a wasted journey under section 7(6) and (7).

(7) The lessor may withdraw from the contract if performance becomes impossible for reasons for which it is not responsible, in particular if the intended items fail because of damage caused by a previous hirer, in the event of illness or unavailability of the intended staff, or in the event of force majeure under section 27. The lessor will inform the hirer without undue delay and, where possible, offer an equivalent alternative. Payments already made are refunded in full without undue delay. Any further claims of the hirer are governed by section 26.

(8) The hire period may be rescheduled once free of charge up to 14 days before it begins, provided the items are available in the desired new period. Within that period, rescheduling counts as a withdrawal followed by a new booking.

§ 15 Obligations of the hirer, instruction and operation

(1) The hirer must treat the items with care, use them only as intended and within the agreed use, and protect them from damage, loss, theft, weather and unauthorised access. The hirer must observe the operating instructions, safety notices and the relevant technical rules.

(2) The items may only be operated by persons familiar with their handling. At handover the lessor instructs the hirer in their operation so far as the nature of the items requires and provides the available operating instructions. If the hirer uses helpers, it must instruct them accordingly.

(3) The hirer may not modify the items. In particular, opening housings, interfering with the electrics, attaching stickers, labels or fixings and removing or obscuring type plates, serial numbers, markings and the lessor’s ownership marks are prohibited.

(4) Attempts to repair the items or to clean them with agents other than those approved by the lessor are prohibited. If a defect or malfunction occurs during the hire period, the hirer must notify the lessor without undue delay using the contact details stated in the contract and await the lessor’s instructions, unless immediate action is required.

(5) The hirer must secure the items against theft and unauthorised access throughout the hire period, including setup and teardown times, breaks in use and night-time. If the hirer is not present, it must appoint suitable persons for this. The lessor’s staff do not provide security unless expressly agreed.

(6) In the event of theft, loss, damage by third parties or seizure, the hirer must report the matter to the police without undue delay and send the lessor a copy of the report or the file reference without undue delay.

(7) Before the contract is concluded the hirer must inform the lessor of the circumstances relevant to selecting and safely using the items, in particular the type and location of the event, the nature of the installation site, the available power supply, the expected number of people and any particular risks.

(8) The lessor may inspect the items during the hire period at a reasonable time after prior notice, provided there is a legitimate interest in doing so. The legitimate interests of the hirer must be respected.

§ 16 Installation site, weather, power supply

(1) The hirer determines the installation site and is responsible for its suitability. The hirer must ensure that the installation area is level, load-bearing, sufficiently large and suitable for the intended use, that escape routes, emergency exits and passages are not blocked, and that the items pose no danger to people or property.

(2) The hirer must provide, at its own expense, a power supply that is sufficient for operating the items and properly installed and fused. The connection values stated in the contract or in the equipment documentation must be observed. If electrical installation work going beyond connection to existing, properly fused sockets is required, it must be carried out by a qualified electrician. The hirer bears the cost of electricity consumed.

(3) The hirer is liable under section 21 for damage to the items caused by an insufficient, faulty or improperly fused power supply at the event location, to the extent the hirer is responsible for it. If the lessor planned or installed the power distribution itself, the hirer is not liable for damage resulting from it.

(4) Outdoor use is only permitted if the items are expressly suitable for it or suitable protective measures are taken. Outdoors, the hirer must protect the items against precipitation, ingress of water, condensation, dust, sand, extreme temperatures, storms and toppling. If precipitation or water ingress is imminent, the items must be switched off and secured without undue delay.

(5) The hirer must choose and secure the installation site so that the items remain stable under expected wind loads. If a storm is forecast, the hirer must take the necessary protective measures and, where required, stop operation.

(6) If tents or comparable textile items cannot be dismantled because they are wet and mould damage would otherwise result, a new teardown appointment is agreed. No additional hire charge is made for the resulting extension; the hirer’s obligations under section 15 continue during that period.

(7) The hirer must inform the lessor of underground cables and pipes and other hidden hazards at the installation site so far as it knows or ought to know of them.

§ 17 Sub-hire and letting others use the items

(1) The hirer may not sub-hire the items, let third parties use them for payment or free of charge, or assign rights under the hire contract, unless the lessor has consented in advance in text form. Use by the hirer’s agents, staff and guests in the context of the agreed event does not count as letting third parties use the items.

(2) The hirer may only use the items at the event location agreed in the contract. Changing the place of use requires the lessor’s prior consent in text form. Use outside the Federal Republic of Germany is not permitted without a prior separate agreement.

(3) Selling, pledging, transferring by way of security or otherwise disposing of the items is excluded.

(4) If the lessor consents to third-party use, the hirer remains responsible for fulfilling all obligations under this contract; it is liable for the third party’s fault as for its own.

(5) If the hirer lets a third party use the items for payment without the lessor’s consent, it must hand over to the lessor the payment received to the extent it exceeds the agreed hire price. Further claims of the lessor remain unaffected. In such a case the lessor may terminate the hire without notice.

§ 18 Permits, music royalties, noise protection, safety duties

(1) The hirer is the event organiser. It is solely responsible for registering and carrying out the event.

(2) The hirer must obtain in good time and at its own expense all official permits, notifications and consents required for the event and for the use of the items, and must comply with official conditions. This concerns in particular requirements of assembly-venue, building, fire-safety, pollution-control, licensing and road-traffic law as well as any consent required from the property owner. The lessor gives no assurance that the event or the use of the items can be permitted.

(3) Registering and paying for uses relevant under copyright law, in particular to the German collecting society GEMA, and any contributions to the artists’ social insurance fund are the hirer’s responsibility. Such fees are not included in the hire price.

(4) The hirer must comply with the applicable noise protection rules and official noise conditions. It must ensure that sound levels do not exceed a level that is harmless to the health of those present.

(5) From handover onwards the hirer is responsible for safety at the event location and for the items installed there. It must secure hazards, in particular cable runs, standing areas and suspensions.

(6) The hirer indemnifies the lessor against third-party claims arising from the hirer’s breach of the obligations under paragraphs 2 to 5. The indemnity covers the necessary costs of legal defence. This does not apply to the extent that the lessor is itself responsible for the claim.

(7) If the lessor asks for proof of required permits before setup begins, the hirer must provide it without undue delay. If required permits are missing or if carrying out the event is evidently unlawful, the lessor may refuse to perform or stop performing; in that case its claim to payment remains in place under section 14.

§ 19 Return, completeness, cleaning

(1) At the end of the hire period the hirer must return the items complete, in the condition in which they were received, cleaned, sorted and properly packed. The obligation to return covers all accessories including cables, adapters, power supplies, remote controls, cases and transport containers, as well as defective parts.

(2) Changes corresponding to normal wear and tear are not damage. Usual signs of use are not a defect.

(3) Cleaning by the hirer is limited to removing loose dirt. Devices must be wiped dry; the use of water, solvents or aggressive cleaning agents is prohibited. Textiles, tents and tarpaulins must be returned dry; if this is not possible, the lessor must be informed before return.

(4) If the items are soiled beyond normal wear and tear, the lessor may charge the necessary cleaning costs according to the effort actually incurred. This applies in particular to adhesive and paint residues, confetti, dried liquids and grease or soot residues. The hirer remains free to prove that no effort or substantially less was incurred. Where the same cleaning effort is already covered by a damage tier under section 22, no charge is made under this paragraph; there is no double charging.

(5) The lessor checks the returned items for completeness and condition within five working days of return. Taking the items back without objection at handover does not confirm that they are complete and free of defects. If the lessor finds missing items or damage, it informs the hirer without undue delay in text form, stating the items affected.

(6) The lessor must show and, in the event of a dispute, prove that damage or a shortfall found is attributable to the hire with that hirer. It ensures that the items are not used otherwise between return and inspection.

(7) If the hirer does not take part in a joint inventory although the lessor gave it the opportunity to do so, the lessor may carry out the inventory alone; the hirer remains free to prove a different state of affairs.

(8) If the hirer collected the items contactless (section 9(6)), it may return them the same way; the lessor opens the access remotely for this too when the hirer calls. Return has taken place as soon as the items have been left complete at the agreed place and in the agreed manner. The hirer notifies the lessor of the return without undue delay in text form. Risk passes back to the lessor when the items are left there. The lessor carries out the check under paragraph 5 alone; paragraph 6 applies unchanged.

§ 20 Late return

(1) If the hirer does not return the items on time, it must pay compensation for use for the period of withholding amounting to the agreed daily hire price for each day or part thereof. If no daily hire price has been agreed, the agreed total hire price is divided by the number of days of the original hire period.

(2) No compensation for use is payable to the extent that the hirer is not responsible for the delay.

(3) The right to claim further damages is reserved. These include in particular the cost of a necessary replacement hire for a follow-up order already agreed and lost hire income where the lessor was unable to hire the items out otherwise because of the delay. The lessor must substantiate the further damage specifically. The hirer remains free to prove that no damage or less damage was incurred.

(4) If it becomes apparent that the items cannot be returned on time, the hirer must inform the lessor without undue delay. If it fails to do so, it must compensate any additional damage caused thereby.

(5) If the hirer does not return the items despite a deadline being set, the lessor may collect them at the hirer’s expense. Collection costs are calculated under section 7(6). The hirer remains free to prove that no effort or substantially less was incurred.

§ 21 Hirer’s liability for damage, loss and theft

(1) The hirer is liable for damage to, or loss, theft or destruction of, the items for which it is responsible. It is also liable for the fault of persons to whom it gives the items or access to them, in particular staff, agents and guests.

(2) The hirer is not liable for changes and deterioration caused by use in accordance with the contract (section 538 of the German Civil Code), nor for damage for which it is not responsible, in particular not for accidental damage or damage caused by force majeure.

(3) If the items are damaged and can be repaired, the hirer must reimburse the necessary repair costs. These comprise spare parts, labour at the lessor’s applicable hourly rate, a function test and any remaining loss in market value.

(4) In the event of loss, theft or total damage the hirer must pay the replacement value of an equivalent item at the time of the damaging event, plus necessary acquisition costs. The relevant value is that of an item of the same type, quality and age. If such an item is no longer available, the value of a technically comparable successor model applies, with a “new for old” deduction in the amount of the benefit the lessor gains from the item being new. If the repair costs under paragraph 3 exceed the replacement value, only the replacement value is owed.

(5) If the lessor cannot hire out the items during repair or replacement because of damage for which the hirer is responsible, it may claim loss of use. The claim exists only for the period required for prompt repair or replacement and only in the amount of the profit lost. In relation to consumers the claim is limited to the typical, foreseeable damage. The lessor must substantiate the loss specifically.

(6) The hirer must report damage, loss and theft without undue delay. In the event of theft, robbery or misappropriation it must report the matter to the police without undue delay and give the lessor the file reference.

(7) The hirer is not liable for damage that already existed at handover or that is based on a defect in the items. The lessor must show and prove that damage claimed arose during the hire period and is attributable to the hirer.

(8) The above provisions also apply to accessories and small parts. Consumables which by their nature are used up must be replaced by the hirer or paid for according to consumption.

§ 22 Damage tiers

(1) In order to assess damage to the items consistently and transparently, the lessor uses damage tiers. Each classification is based on the replacement value of the item concerned within the meaning of section 21(4). It is shown in the hire contract for each line item.

(2) The following tiers apply:

(3) The lessor carries out the classification on return. It records the condition in the return record, documents the damage photographically and notifies the hirer in text form of the tier, the replacement value applied and the amount calculated. The hirer is entitled to be present at the return and to have its own comments added to the record.

(4) The damage tiers are a lump-sum assessment of the compensation owed under section 21. They do not create any independent liability. A tier is applied only insofar as the hirer is responsible for the damage under section 21(1); no tier is applied to changes resulting from contractual use (section 538 of the German Civil Code), to accidental damage or to damage caused by force majeure.

(5) The hirer is in every case entitled to prove that no damage has occurred at all, or that it is substantially lower than the amount calculated under paragraph 2. If the hirer provides such proof, it owes only the lower amount proven, or nothing at all. If the amount calculated under paragraph 2 exceeds the actual repair costs, the hirer owes only the actual costs.

(6) The lessor remains entitled to settle the specific damage under section 21(3) to (5) instead of applying the lump sum. Damage going beyond this, in particular loss of use under section 21(5), is not covered by the damage tiers and may be claimed separately; the hirer is not thereby charged twice.

(7) The amount calculated is set off against the deposit. If it exceeds the deposit, the hirer is obliged to pay the difference; if it is lower, the remainder is repaid under section 13(7).

(8) Where one damage event affects several line items, each line item is classified separately.

§ 23 Insurance

(1) The items are not insured by the lessor during the hire period. The hirer is expressly informed that under section 21 it is liable up to the replacement value for damage, loss and theft for which it is responsible.

(2) The hirer is advised to insure the risk of damage, loss, theft and liability for the whole hire period including setup and teardown times, for example through event insurance. A standard private liability policy often does not cover damage to hired items, or covers it only to a limited extent; cover for damage to hired items must be agreed separately.

(3) The lessor is not obliged to check whether insurance has been taken out; the absence of insurance does not affect the hirer’s liability under section 21.

§ 24 Rights in respect of defects, notification, time limits

(1) The lessor provides the items in a condition suitable for use in accordance with the contract and maintains them in that condition during the hire period.

(2) The hirer must check the items at handover so far as this is possible and reasonable in the circumstances and must report obvious defects without undue delay. Defects not apparent at handover must be reported without undue delay after they are discovered. Notification may be made by telephone using the number stated in the contract, via WhatsApp or in text form.

(3) If the hirer fails to give notice, its rights are excluded to the extent that the lessor was unable to remedy the defect because no notice was given (section 536c(2) of the German Civil Code). The hirer’s statutory rights otherwise remain unaffected.

(4) If the hirer reports a defect, the lessor will remedy it within a reasonable period. At its option it may repair the defect or provide an equivalent replacement item; section 25 applies accordingly. If this does not succeed in time for the event, the hirer may reduce the hire charge for the item concerned or, if use in accordance with the contract is substantially impaired, terminate the contract to that extent.

(5) Usual signs of use and insignificant deviations from the description which do not impair use in accordance with the contract are not defects. Images on the website are for illustration purposes; minor deviations in colour, design or model generation with equivalent function are not a defect.

(6) If several items are hired and only one is defective, the hirer’s rights are limited to that item. Termination of the entire contract is only permitted if the items were hired as a functional unit and the overall function is substantially impaired.

(7) If an inspection carried out at the hirer’s request shows that there is no defect and that the cause lies within the hirer’s responsibility, the lessor may charge the necessary expenses, provided the hirer is responsible for this.

§ 25 Replacement equipment, changes to the items

(1) The lessor may provide an item other than the one named in the contract, provided it is at least equivalent in function, performance and equipment, if the item named in the contract is unavailable for reasons for which the lessor is not responsible. This does not give rise to an additional charge. The lessor will inform the hirer of the substitution without undue delay.

(2) Substitution is excluded if the hirer has a legitimate interest in the particular item named in the contract and the lessor was aware of this when the contract was concluded.

(3) If the replacement item is unreasonable for the hirer, it may withdraw from the contract to the extent of the item concerned; payments already made are refunded accordingly. Further claims are governed by section 26.

(4) Deviations in colour, design or model generation with the same function do not give rise to a right of withdrawal.

§ 26 Liability of the lessor

(1) The lessor is liable without limitation for intent and gross negligence, for damage resulting from injury to life, body or health, under the German Product Liability Act, to the extent of any guarantee it has given, and in the event of fraudulent concealment of a defect.

(2) In cases of simple negligence the lessor is liable only for the breach of a material contractual obligation. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the hirer regularly relies and may rely. In such cases liability is limited to the foreseeable damage typical for this type of contract.

(3) Otherwise the lessor’s liability is excluded.

(4) Liability under section 536a(1), first alternative, of the German Civil Code for defects present when the contract was concluded is excluded for damage not based on fault of the lessor; paragraphs 1 and 2 remain unaffected.

(5) Where the lessor’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, employees and agents.

(6) In relation to businesses the following applies in addition: liability for indirect damage, consequential damage, lost profit and business interruption is excluded in cases of simple negligence. Paragraphs 1 to 3 remain unaffected.

(7) The lessor does not take custody of items brought to or left at the event location by the hirer or third parties; liability exists only as set out in paragraphs 1 and 2.

§ 27 Force majeure

(1) Force majeure means external events that are unforeseeable and cannot be averted by reasonable care and that lie outside the parties’ control, in particular natural disasters, storms of exceptional severity, war, terrorist attacks, epidemics and pandemics, official measures including bans on events, strikes and lockouts, and large-scale failures of the energy or communications supply.

(2) If a party is prevented by force majeure from fulfilling its obligations, those obligations are suspended for the duration and to the extent of the impediment. The affected party must inform the other party without undue delay.

(3) In such a case the parties will endeavour to agree on rescheduling the hire period.

(4) If performance has become permanently impossible or unreasonable for one of the parties as a result of force majeure, either party may withdraw from the contract. In that case the mutual obligations lapse; payments already made are refunded. The lessor may claim payment for partial services already provided and reimbursement of demonstrably incurred expenses which cannot be used otherwise. Claims for damages by the parties are excluded to the extent that non-performance is due to force majeure.

(5) The general economic risk of the event, in particular the risk of low attendance or commercial failure, is borne by the hirer. Unfavourable weather that does not make the event impossible is not force majeure.

(6) The hirer’s liability for damage to the items caused by force majeure is governed by section 21(2); there is no liability in that respect.

§ 28 Ownership, third-party access

(1) The items remain the property of the lessor. The hirer acquires only a right of possession and use for the duration of the hire period. This also applies after the hire price has been paid in full.

(2) The hirer must keep the items free of third-party rights. It may not encumber them with third-party rights.

(3) If third parties access the items, in particular by seizure, confiscation or by asserting a landlord’s lien of the property owner, the hirer must notify the lessor without undue delay and provide it with the documents and information required to defend against this. It must inform the third party of the lessor’s ownership without undue delay.

(4) The hirer bears the cost of defending against such access to the extent it is responsible for it and the third party does not reimburse it.

(5) The hirer must inform the lessor without undue delay if insolvency proceedings are applied for or opened in respect of its assets.

§ 29 Set-off and right of retention

(1) The hirer may set off claims of the lessor only against counterclaims that are undisputed, established by a final court decision or acknowledged by the lessor.

(2) The hirer may exercise a right of retention only to the extent that its counterclaim is based on the same contractual relationship. The consumer’s statutory rights, in particular the right of retention under section 320 of the German Civil Code, remain unaffected.

(3) The hirer’s rights under section 536 of the German Civil Code (reduction of the hire charge in the event of defects) remain unaffected.

§ 30 Text form, side agreements, priority of individual agreements

(1) Amendments and additions to this contract require text form. This also applies to the waiver of this text form requirement.

(2) Text form is satisfied in particular by email and by a message sent via WhatsApp. Oral arrangements remain effective if made individually; individual agreements take precedence over these Terms (section 305b of the German Civil Code).

(3) Declarations by the hirer concerning the contractual relationship (in particular cancellation, notification of defects, notification of a late return and termination) must be addressed to the lessor’s address or email address stated in the contract. Receipt by the lessor is decisive for meeting deadlines.

(4) The lessor’s employees and agents are not authorised to make promises deviating from this contract unless expressly authorised to do so. The lessor may not rely on a lack of authority if it has created the appearance of authority.

§ 31 Data protection

(1) The lessor processes the hirer’s personal data to the extent necessary for initiating, concluding and performing the contract (Article 6(1)(b) GDPR) and to comply with statutory retention and record-keeping obligations (Article 6(1)(c) GDPR).

(2) Details of the nature, scope, purpose and legal bases of the processing, of recipients, storage periods and the rights of data subjects are set out in the privacy policy.

(3) Where services at a location are performed by a legally independent company, the data required to handle the order is transferred to that company. It processes the data as a processor acting on the lessor’s instructions; the details are set out in the privacy policy.

§ 32 Final provisions

(1) Contracts between the lessor and the hirer are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

(2) The place of performance for all services is the lessor’s registered office or that of the agreed location.

(3) If the hirer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the lessor’s registered office. In such cases the lessor is also entitled to sue at the hirer’s general place of jurisdiction. In relation to consumers the statutory places of jurisdiction apply.

(4) The lessor is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

(5) If individual provisions of this contract are or become wholly or partly invalid or unenforceable, the validity of the remaining provisions is unaffected. The statutory provisions take the place of the invalid or unenforceable provision. The same applies in the event of a gap in the provisions.

Last updated: 10 November 2026