Rental of stages, construction machines, industrial machines, construction equipment and other mobile machines and construction equipment
1.1. These general rental conditions (hereinafter referred to as “rental conditions”) apply to all current and future rentals as well as to all related offers, contracts, services and transactions between KLEFENZ and its contractual partners (hereinafter referred to as “tenants” for short). These rental conditions apply exclusively. The rental conditions are part of all contracts that KLEFENZ concludes with the tenant regarding the services offered by KLEFENZ. They also apply to all future offers, contracts, services and transactions between KLEFENZ and the tenant, even if they are not agreed separately again.
1.2. For the purposes of these conditions, rental property is any individual item that KLEFENZ provides to the tenant in fulfilment of a rental agreement concluded with the tenant for use within the Federal Republic of Germany, Austria, Liechtenstein and/or Switzerland (hereinafter: “Contractual Territory”).
1.3. KLEFENZ does not recognize any general terms and conditions of the tenant that conflict with or deviate from these rental conditions, unless KLEFENZ expressly agrees to their validity in writing. KLEFENZ's rental conditions apply even if KLEFENZ unconditionally carries out the rental to the tenant in the knowledge of general terms and conditions of the tenant that conflict with or deviate from his rental conditions.
1.4. Individual agreements made with the tenant in individual cases (including ancillary agreements, additions and changes) always take precedence over these rental conditions. A written contract or confirmation from KLEFENZ in writing or text form (e.g. by e-mail) is decisive for the content of such agreements.
1.5. Legally relevant declarations and notifications to be submitted by the tenant to KLEFENZ after conclusion of the contract must be made in writing or text form in order to be effective.
1.6. References to the validity of legal regulations in these rental conditions have only clarifying meaning. Even without such clarification, the statutory provisions therefore apply insofar as they are not directly amended in these rental conditions or are expressly excluded.
1.7. These rental conditions apply only to companies, legal entities under public law or special funds under public law (Section 310 (1) sentence 1 BGB).
2.1. Oral or written rental inquiries to KLEFENZ are binding and represent an offer to conclude a rental agreement with KLEFENZ subject to these rental conditions. Verbal information provided by KLEFENZ prior to the conclusion of the rental agreement (below 2.2.) is subject to change.
2.2. The rental agreement with the tenant is then concluded upon presentation of the rental agreement by KLEFENZ (in written or text form). KLEFENZ's rental agreement determines the content and scope of KLEFENZ's contractual services as well as the rights and obligations of the contracting parties.
2.3. Unless otherwise expressly agreed with the tenant, KLEFENZ is entitled to provide the tenant with a functionally equivalent rental item instead of the requested rental property.
2.4. The legal relationship between KLEFENZ and the tenant is solely governed by KLEFENZ's rental agreement (in written or text form), including these rental conditions. Any additions and amendments to the rental agreement, including these rental conditions, must be made in writing in order to be effective. With the exception of managing directors or authorized signatories, KLEFENZ employees are not entitled to make oral agreements that differ from the rental agreement. Telecommunication, in particular by fax or e-mail, is sufficient to maintain the written form.
3.1. Any transfer of use and use of the rental party to third parties is prohibited without the express prior written consent of KLEFENZ. The tenant hereby assigns his claims against third parties, both from a permissible and an inadmissible transfer of use or use, to KLEFENZ on the basis of performance. KLEFENZ accepts this assignment. The tenant must reimburse KLEFENZ for any costs and expenses that KLEFENZ may incur as a result of pursuing and asserting claims against such third parties.
3.2. The tenant undertakes to use the rented property only for its intended purpose and to comply with all relevant accident prevention, occupational safety and road traffic regulations, in particular with regard to loading and transportation of the rented property. The tenant undertakes and is responsible for having the rental property used and operated only by professionally trained persons who are familiar with the proper handling of the rental property or with objects of a comparable nature and who have all necessary public law permits and permits — in particular the necessary driving license — for the contract area in which the rental property is used. In addition to providing the operating manual, KLEFENZ does not owe the tenant any separate advice on the use and operation of the rental property.
3.3. The tenant undertakes and guarantees that the rental property is refueled, filled and maintained only with suitable fuels, AdBlue, oils, fats and lubricants, etc. (hereinafter collectively: “operating materials”). The respective operating manual for the rental property or the rental agreement is decisive for this.
3.4. The tenant may only use the rental equipment and accessories provided by KLEFENZ. Exceptions to this require the prior written consent of KLEFENZ. The tenant's own attachments may only be used and used using operating materials that comply with the rental property. During the rental period, the tenant is obliged to treat the rental property carefully, in accordance with its intended purpose and in accordance with normal traffic conditions and to use it exclusively within the contract area.
3.5. The tenant is obliged and is responsible for complying with all DGUV regulations and DGUV principles and undertakes, in accordance with DGUV principle 308-008, to commission only physically and mentally suitable, trained and instructed persons to service the rental property. The operators must provide the tenant with written proof of their competence in advance.
3.6. KLEFENZ rentals are equipped with GPS systems. The data is transmitted permanently and is used to record technical data as well as the location and working hours of the machines. The tenant hereby agrees. Irrespective of this, the tenant is obliged to immediately inform KLEFENZ of the respective location or place of use of the rental property upon request. The same applies to any intended change of location or deployment location.
3.7. The tenant is obliged to immediately report theft, loss or damage to the rental property (hereinafter collectively: “damage”) and to take all measures necessary to reduce the damage and obtain evidence. In addition, the tenant is obliged to provide KLEFENZ with the best possible assistance at all times in further processing and clarifying the damage. In the event of theft or damage caused by third parties, the tenant must also immediately report it to the police.
3.8. In the event of seizures or other attempts by third parties to enforce the rental property, the tenant must point out the ownership of KLEFENZ and immediately inform KLEFENZ.
4.1. KLEFENZ undertakes to provide the tenant with the rental property for the rental period agreed in the rental agreement. The tenant may not use the rental property outside the contract area without the prior written consent of KLEFENZ.
4.2. The rental property is handed over to the tenant in a clean, operational and fully fueled state. The tenant must check the rental property for road safety, operability and any defects upon handover. In the event that the tenant also wants to use the rented property on public roads, he must in particular check whether the rental property has the necessary equipment and that the tenant has the documents to accompany it.
4.3. If agreed in writing in advance, KLEFENZ or a transport company commissioned by KLEFENZ will transport the rental item (“delivery” and/or “collection”) to the location notified by the tenant. The tenant bears the transport costs.
4.4. It is generally possible for the tenant to pick up the rental property (“self-collection”). In the case of renting several rental items, the locations may differ and must be clarified beforehand. In the case of collection by himself, the tenant is responsible for loading and unloading the rental item and for transporting the rental item to the place of use, including loading and unloading the rental item. Both in the event of collection by KLEFENZ and in the event of delivery or collection by KLEFENZ previously agreed between KLEFENZ and the tenant, the rental property, including the loading and unloading of the rental property, is carried out at the tenant's expense and risk. If KLEFENZ employees or service providers participate in the loading and/or unloading, they act as vicarious agents of the tenant (§278 BGB). In such a case, the tenant is particularly responsible for ensuring that the load, aids and devices (accessories) are secured in road traffic in accordance with the VDI guidelines and that the slings used to secure the load (e.g. belts or chains) also comply with the VDI guidelines.
4.5. When delivered or picked up by KLEFENZ, the tenant is responsible for unhindered access to the delivery or collection location (unloading point), including its stability and, in the event of collection, must separate attachments and accessories but deposit them in the immediate vicinity of the rental object. The tenant is responsible for assembling and commissioning the rental property.
5.1. The rental period starts on the day agreed between KLEFENZ and the tenant.
5.2. The tenant is obliged to accept the rental property on the agreed day and at the agreed time. If the tenant does not accept the rental property at the agreed time, KLEFENZ may withdraw from the contract in accordance with legal provisions or terminate the contract — even with immediate effect — and rent out the rental property to another person. KLEFENZ is entitled to demand compensation from the tenant for any damage resulting from the tenant's default.
5.3. The tenant's right of use expires at the end of the agreed rental period, provided that this was firmly agreed in writing at the time of rental. If the tenant continues to use the rental property after the end of his right of use (“rental period”), the rental agreement is not extended as a result. If the tenant has clearly given up the rental property, KLEFENZ is entitled, but not obliged, to collect the rental property and to enter the place where the rental property is used for this purpose. The tenant is obliged to pay KLEFENZ compensation in the amount of a daily rent for each additional day of use or non-return.
KLEFENZ remains entitled to claim further damage.
6.1. The rent owed by the tenant is defined as calendar day rent (hereinafter: “daily rent”). The daily rent is based on a regular period of use of the rental property per calendar day (“period of use”) of up to eight operating hours.
6.2. Rent is billed on the basis of a 7-day week (from Monday to and including Sunday). Does the tenant exceed the daily calendar usage period in accordance with Section 6.1. (which must be reported to KLEFENZ when making the rental request), he owes an additional daily rent for the use of a further up to eight operating hours. The same applies in the event that the period of use in accordance with Section 6.1. (up to eight operating hours) beyond the end of a calendar day (e.g. usage time from 22:00 to 06:00 the following day). Falling below the daily usage time does not reduce the daily rent. There is also no refund from KLEFENZ.
6.3. All KLEFENZ prices are net prices and exclude the applicable statutory value added tax.
6.4. The rent is exclusively the payment made by the tenant for the right to use the rental property within the contract area. All other costs for delivery, collection, assembly, mounting, operating supplies, cleaning and insurance (“additional costs”) are borne by the tenant and are billed separately by KLEFENZ.
6.5. For short-term rental inquiries or orders from the tenant with delivery or self-collection of the rental property within 24 hours of the rental request, the tenant owes an express surcharge, which KLEFENZ charges separately.
6.6. KLEFENZ is entitled to demand appropriate security (non-interest-bearing deposit) from the tenant at any time to secure the rent payment.
7.1. The rent, expected additional costs, express surcharge and the costs for other deliveries and services provided by KLEFENZ are due for payment immediately. Payment terms deviating from this require a written agreement. KLEFENZ will invoice the actual additional costs incurred separately after the end of the rental period.
7.2. If the tenant defaults on payment of the amounts charged by KLEFENZ for the rental (“payment claim”), the tenant also owes the statutory default interest and other damage caused by delay (Section 288 BGB). KLEFENZ remains free to claim higher interest rates and further damages in the event of default.
7.3. The tenant can only offset undisputed, legally established or counterclaims arising from the same contractual relationship.
7.4. The tenant is only entitled to exercise a right of refusal or withholding against KLEFENZ claims in an amount that is commensurate with his counterclaims. In addition, the exercise of a withholding right is only permitted if the tenant's counterclaim is based on the same contractual relationship with KLEFENZ.
8.1. In order to secure all claims made by KLEFENZ arising from the business relationship with the tenant, the tenant assigns his current and future claims against the client to KLEFENZ for whom the tenant uses the rental property. Claims that are subject to the extended retention of title from a tenant's supplier are transferred to KLEFENZ at the time when they are no longer covered by the extended retention of title. KLEFENZ accepts these assignments. On request, the tenant will provide KLEFENZ with a list of the assigned claims, including their amount, due date and the current address of his client (third-party debtor).
8.2. If there is good cause and after prior threat with a reasonable grace period, KLEFENZ is entitled to disclose the security assignment to the third-party debtors, to dispose of the assigned claims and collect them from the tenant's client (third-party debtor). An important reason exists in particular if the tenant defaults on payment to KLEFENZ. The duration of the grace period must be such that the tenant can raise objections and pay the amounts owed. In the event of an application to open insolvency proceedings against the tenant's assets, there is no need to set a grace period.
9.1. If the security assignment in accordance with Section 8 above is not sufficient to ensure compliance with KLEFENZ's current and future claims against the tenant, KLEFENZ may also require the tenant to transfer assets by security in the amount of a value that does not exceed 120% of the outstanding KLEFENZ claim.
10.1. The tenant is entitled to view the rental property before the start of the rental period and to report any defects. The tenant bears the costs of such a visit. The tenant must immediately report defects or damage to the rental property to KLEFENZ.
10.2. Defects that are apparent at the time of transfer of the rental property, which not only insignificantly affect the intended use of the rental property, can no longer be complained of if they have not been reported in writing or text form to KLEFENZ immediately after delivery.
10.3. Claims by the tenant due to obvious defects in the rental property are excluded unless the tenant notifies KLEFENZ of the defect upon handover.
10.4. Defects will be remedied exclusively by KLEFENZ (see also section 14.2.)
10.5. If a rental item fails without the failure being caused by the tenant, KLEFENZ reserves the right to replace the rental item within 24 hours. KLEFENZ is also entitled to provide the tenant with functionally equivalent rental property, if reasonable for the tenant. In the event of significant impairment of the usability of the rental property, the tenant's payment obligation is postponed by the time in which the suitability for use in accordance with the contract is terminated. For the period during which fitness is reduced, the tenant only has to pay a reasonably reduced rent. An insignificant reduction in suitability is disregarded.
11.1. KLEFENZ is not liable for damage suffered by the tenant as a result of the use of the rental property.
11.2. KLEFENZ assumes no liability for the tenant being able to use the rental property provided in accordance with the contract in accordance with his ideas and for the purpose planned by him.
11.3. Claims by the tenant for damages and reimbursement of futile expenses against KLEFENZ, its organs and legal representatives and/or vicarious agents (hereinafter collectively: “KLEFENZ”), irrespective of the legal basis, in particular due to breach of obligation and/or tort (hereinafter: “claims for damages”), are excluded. KLEFENZ's warranty liability for defects existing at the time of conclusion of the rental agreement is also excluded. Section 536aAbs. 1 BGB does not apply.
11.4. The above exclusion of liability does not apply insofar as KLEFENZ is guilty of intent or gross negligence and/or in the event of a breach of essential contractual obligations. Essential contractual obligations are obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the tenant regularly trusts and may rely.
11.5. In the cases set out in Section 11.4., KLEFENZ is liable in accordance with the statutory provisions. However, in the event of a simple negligent breach of essential contractual obligations, the extent of liability is limited to compensation for foreseeable damage typical of the contract.
11.6. The above limitations of liability do not apply if KLEFENZ is absolutely liable, e.g. for damage resulting from injury to life, limb or health.
12.1. If work at the workplace for which the tenant has rented the rental property is suspended for at least ten consecutive days as a result of circumstances for which neither the tenant nor his client is responsible, such as frost, floods, strikes, internal unrest, war events, official orders (“force majeure”), this period is considered a standstill period from the eleventh calendar day.
12.2. The rental period agreed for a fixed period will be extended by the standstill period. The tenant must pay the agreed percentage of the agreed daily rent corresponding to this period based on working day (shift time) of eight hours (section 6.1.). Unless otherwise agreed, a percentage of 75% applies.
12.3. The tenant must immediately notify KLEFENZ in writing of the occurrence of a case of force majeure, the resulting cessation of work and also of its resumption and, upon KLEFENZ's request, prove the downtime by means of documents.
13.1. When renting KLEFENZ referred to as “equipment”, the tenant must note that these may only be used on construction tracks or on a blocked track. In the case of two-way platforms, the tenant must ensure that the respective stage design may only be operated by personnel trained in this type of platform. According to DGUV principle 308-008, the tenant may only commission physically and mentally suitable, trained and instructed persons to service this rental property in writing. Operators must prove their competence with a certificate. A helmet, safety harness with tether, fall damper or height protection device must always be worn as personal protective equipment. The personal protective equipment must be attached to the anchor points in the work basket approved by the manufacturer and provided by the tenant at his own expense.
13.2. By renting a trackbound machine, the lessee confirms that he is registered as a railway transport company (“EVU”) or works for a registered utility company. He thus further confirms that the driver of the rental property is in possession of a valid driving license and a valid additional certificate in accordance with DB requirements. In cases where KLEFENZ has exceptionally agreed in writing to a sublet or sublet to third parties, the tenant must independently and independently check and monitor the fulfilment of the above requirements by the subtenant.
13.3. Self-propelled work machines on public roads with a total weight of over 18 tons require a location-based permit in accordance with Section 29 (3) StVZO. The tenant must obtain this permission himself and at his own expense.
14.1. The tenant is obliged to protect the rental property from overuse at any time and in any way. At the same time, the tenant must comply with and comply with all regulations and technical regulations relevant to the use of the rental property. Furthermore, the tenant is obliged to carry out proper and professional maintenance and care of the rental property on a daily basis and to use the leased property exclusively with the equipment approved for it in accordance with the operating manual or with the operating materials used by KLEFENZ before the start of the rental period (see Section 3.3.).
14.2. KLEFENZ is responsible for the repair and maintenance of the rental property; the same applies to the repair, elimination of defects and technical changes to the rental property (collectively “repair”). KLEFENZ alone determines the measures necessary for the repair and carries them out itself. Section 14.3 applies to reimbursement of costs by the tenant.
14.3. Costs incurred for the repair (Section 14.2.) shall be borne by the tenant if the repair is due to a breach by the tenant of obligations incumbent upon him. Notwithstanding this, KLEFENZ bears these costs if the tenant has demonstrably taken due care.
14.4. A standstill of the rental property while carrying out repair work does not affect the tenant's obligation to pay the agreed rent, unless the standstill is due to circumstances within KLEFENZ's area of responsibility.14.5. KLEFENZ is entitled to view the rental property at any time and, after prior consultation with the tenant, to examine it itself or have it examined by a representative. The tenant is obliged to enable and facilitate the investigation by KLEFENZ or its representative in every way. Section 14.3 applies mutatis mutandis to reimbursement of costs.
15.1. The tenant is liable to KLEFENZ for any damage to the rental property or for its loss, unless the tenant proves that he is not responsible for the damage, a breach of duty or the loss of property. Notwithstanding his liability, the tenant is also obliged to immediately report any damage to the rental property or its loss to KLEFENZ in text form.
15.2. The tenant is fully liable if he or his representatives have intentionally caused the damage to the rental property. The tenant is also fully liable for all violations of traffic and regulatory regulations (e.g. the StVO) or other legal provisions (e.g. due to loss of ownership, injury to persons or damage to property), provided that KLEFENZ is not responsible for these. The tenant releases KLEFENZ from all fines and warnings, fees and other compensation claims due to such violations or damage brought by authorities or other third parties from or against KLEFENZ.
15.3. The following applies to damage to the rental property caused by simple negligence or gross negligence:
a) KLEFENZ takes out insurance against machine breakage, elementary damage and theft for the rented property. This is in accordance with the principles of insurance based on the “General Conditions for Machine and Comprehensive Insurance for Mobile or Transportable Equipment” (ABMG) in the currently valid version of the non-binding announcement by the German Insurance Association (GDV). A limitation of liability in favour of the tenant covers only such things, risks and damages that are considered insured under the ABMG, but not such things, risks and damages which are simply described there as “additionally insurable”.
b) The tenant is free to limit this liability limitation to a deductible (excess) by paying a special fee (“additional costs”). This fee is shown separately in the rental agreement with “machine breakage insurance” and must be paid from the start date of rental up to and including the date of return of the rental property for each calendar day commenced. The basis for calculating the liability limitation fee is the daily rent agreed in the rental agreement.
c) From the time of payment of the fee in accordance with point b) above, the tenant's liability to KLEFENZ for damage to the rental property subject to ABMG is limited to a deductible in accordance with the following scale: In the event of damage, the tenant's own contribution is 10%, depending on the new value of the machine (per damage and per device), at least for equipment/ machines but as follows:
New list value up to EUR 10,000.00:
Deductible EUR 1,000.00
New list value up to EUR 50,000.00:
Deductible EUR 2,500.00
New list value up to EUR 100,000.00:
Deductible EUR 5,000.00
New list value starting at EUR 100,000,00:
Deductible EUR 7,500.00
If there is multiple damage to the rental property, the deductible is calculated for each damage. The tenant's limitation of liability for simply negligent causes of damage (excess) in accordance with the table above doubles if the rental property is used under difficult conditions, in particular during demolition work. The tenant is obliged to inform KLEFENZ of such use of the rental property when concluding the contract.
d) In the event of gross negligence, the amount of the tenant's liability is based on the seriousness of the fault. The tenant's liability for grossly negligent causes of damage is therefore not limited to the deductibles mentioned in point c) above.
e) The above limitations of liability in the event of simple negligence (Section 16.3. lit. c)) or in the case of gross negligence (Section 16.3. lit. d)) require, in addition to payment of the remuneration, the tenant's obligations to cooperate, inform and/or reduce damage under the rental agreement and these rental conditions.
f) In any case, the tenant is liable to KLEFENZ indefinitely for damage to the rental property for which the tenant is not subject to ABMG. There is, for example, no limitation of liability on the part of the tenant under the ABMG for such damage to the rental property caused by wear and tear, flooding and when using the rented property for tunnel work, underground work and on hydraulic construction sites. In these cases, the tenant bears the risk of deployment. There is also no limitation of liability on the part of the tenant for tire damage to the rented property. The tenant is therefore fully liable for wear and tire damage, unless the wear or tire damage is the result (subsequent damage) of property damage to other parts of the insured rental property, which is basically insured under ABMG. The above sentence applies mutatis mutandis to damage to the rubber tracks of excavators on which they move. There is also no limitation of liability for damage that occurs during transportation of the rental property that is not carried out by KLEFENZ or by a transport company commissioned by KLEFENZ, or that occurs during an illegal transfer of use or use of the rental property to third parties.
g) Insofar as the tenant has to bear a deductible in accordance with the above provisions, the following applies: Should KLEFENZ have to bear a share of the damage that is lower in amount than the excess to be paid by the tenant under this provision, the excess to be paid by the tenant in the specific event of damage is reduced to the share of damage to be borne by KLEFENZ.
h) KLEFENZ is entitled, at its own discretion, either to have a damaged rental property repaired at its own expense or to report the damage to the respective KLEFENZ insurer for claims settlement.
15.4. In the event of theft, burglary or robbery, fire and arson, the tenant's excess (deductible) is calculated at 25% of the respective replacement value per insured event and per individual rental item, but at least in the amount of the contractually agreed deductible. The risk of embezzlement is not insured. In this case, there is therefore no possibility of limiting the tenant's liability.
15.5. Any liability of the tenant for theft damage (co-) caused by him is limited to the personal contribution specified in Section 15.3. lit. c), insofar as insured risks and damage within the meaning of ABMG are involved. However, the tenant is liable indefinitely for theft damage caused intentionally or through gross negligence. The limitation of liability does not apply if the tenant has not reported the theft to the competent police authority immediately after the damage has occurred (see section 3.8.).
15.6. If the tenant does not agree with KLEFENZ to limit liability in accordance with Section 15.3. lit. b) above, the tenant is fully liable for any damage to the rental property (irrespective of whether caused by the tenant himself or by third parties) and for the loss or theft of the rental property during the rental period. In this case, the tenant is obliged to insure the rental property for the duration of the rental period against damage of all kinds, insofar as insurable, in favour of KLEFENZ and to present the insurance company's guarantee of coverage to KLEFENZ before the start of the rental period. At KLEFENZ's request, the insurance certificate must be presented within 14 days. If damage occurs, the tenant must notify KLEFENZ of this, specifying the time and cause of the claim as well as the extent of the damage.
15.7. The tenant's liability risk arising from the use of the rental property is generally not insured. Liability insurance coverage only exists exceptionally, insofar as this is required by law. This is not the case, in particular, with self-propelled machines whose maximum speed does not exceed 20 km/h. If there is no liability insurance coverage for the rental property, the tenant must take out liability insurance at his expense against the risks arising from the use of the rental property. If the tenant does not comply with this obligation, he is also obliged to compensate KLEFENZ for any resulting damage. If the rental property is a self-propelled, pneumatic working machine (e.g. mobile excavator, wheel loader) whose maximum design speed exceeds 20 km/h, participation on public roads is only permitted if the rented object has an official license plate. The use of such rental property without a license plate is an administrative offense, which can be punished with a fine of up to EUR 2,000.00.
15.8. The tenant hereby assigns any claims against damage insurance in accordance with Section 15.6 to KLEFENZ. Furthermore, the tenant hereby assigns any claims against liability insurance in accordance with Section 15.7. to KLEFENZ, insofar as KLEFENZ is liable to third parties for damage resulting from the operation of the rental property by the tenant. KLEFENZ accepts the above assignments.
15.9. In the event of damage to the rental property caused by improper use — in particular due to incorrect operation and overloading — as well as due to intent on the part of the tenant, the tenant must pay KLEFENZ full compensation. In the event of gross negligence, KLEFENZ is entitled to claim claims against the tenant to an extent commensurate with the seriousness of the fault up to the total damage.
15.10. If the tenant is in default of payment at the time the damage occurs, there is no damage coverage. In the event of damage, KLEFENZ may terminate the liability limitation agreement without notice from this point in time.
15.11. All insurance policies taken out by KLEFENZ and limitations of liability granted to the tenant in accordance with Section 15.3 apply exclusively to use of the rental property within the contract area.
16.1. The tenant is obliged to notify KLEFENZ of the return of the rental property at least 24 hours in advance (“approval”). The obligation exists both in the case of a rental agreement concluded for a fixed rental period and in the case of an initially indefinite rental period.
16.2. The rental period ends on the day on which the rental property, with all parts necessary for its commissioning, arrives in good and contractual condition at KLEFENZ or at another destination agreed in writing, but at the earliest when the agreed rental period expires.
16.3. After approval (Section 14.1.), the tenant must return the rental property in working, fully fueled and cleaned condition.
16.4. The tenant must report any damage and defects to the rental property to KLEFENZ in writing and in full when returning the rental property.
16.5. The binding return check (acceptance) of the rental property for any damage only takes place after the rental property has been returned. This also applies if KLEFENZ carries out the return transport itself. Employees of a transport company commissioned by KLEFENZ to carry out a return check (acceptance) or otherwise make legally binding declarations for KLEFENZ. However, in addition to his written notification obligation to KLEFENZ (Section 16.4.), the tenant is also obliged to report any damage and defects to the rental property to the transport company when handing over the rental property.
17.1. Statutory provisions apply to the statute of limitations for claims arising from the rental agreement. The limitation period under Section 548 BGB is excluded from this. Instead of the period specified in Section 548 BGB, the regular limitation period in accordance with Section 195 BGB (3 years) applies to the limitation period for compensation claims made by the landlord due to changes or deteriorations of the rental property.
18.1. The rental agreement concluded over a fixed (specific) rental period cannot be terminated prematurely by both parties. The same applies to the agreed minimum rental period as part of a rental agreement concluded for an indefinite period.
18.2. In the case of rental contracts concluded for an indefinite period, the period of notice is in compliance with Section 16.1. (Release) one day if the rental period is up to seven calendar days from handover, two days if the rental period from handover is more than one week and up to two weeks, and one week if the rental period is more than two weeks from handover.
18.3. Cancellation of a confirmed rental agreement is possible up to four days before the start of the rental period.
18.4. In the event of damage to the rental property caused by the tenant, the rent payment (at least 50% of the agreed rental rate) is due until the rental item, even if the delivery of spare parts is delayed, is completely repaired and can be rented out again by KLEFENZ.
18.5. KLEFENZ is entitled to terminate the rental agreement extraordinarily without notice:
in the event of default of payment by the tenant; if, after conclusion of the contract, KLEFENZ becomes aware that the right to rent payment is at risk due to lack of capacity on the part of the tenant; if the tenant does not use the rental property or part of it as intended without the prior written consent of KLEFENZ; if the tenant fails to comply with his obligations under paragraph 3, para.. 13 and/or paragraph 16.1. violates; otherwise an important reason for The rental agreement has been terminated (§ 314 BGB).
19.1. All legal relationships between KLEFENZ and the tenant are governed exclusively by the laws of the Federal Republic of Germany.
19.2. The place of performance for all services and claims arising from or in connection with the rental agreement is the registered office of KLEFENZ for both parties.
19.3. If the tenant is a merchant within the meaning of the Commercial Code, 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 registered office of KLEFENZ. KLEFENZ is also entitled to appeal to the court responsible for the tenant's registered office.
20.1. Insofar as the rental agreement or these general rental contract conditions contain loopholes, those legally effective regulations are considered agreed which the contractual partners would have agreed in accordance with the economic objectives of the contract and the purpose of these general rental agreement conditions if they had known the regulatory loophole.
Waldshut-Tiengen, September 2023
KLEFENZ GmbH, Tiengener Strasse 12a, 79761 Waldshut-Tiengen | www.klefenz-tiefbau.de | info@klefenz-tiefbau.de
