rentOn by Jungheinrich

Terms & Conditions

 

1. Scope of Application and Subject Matter of the Contract

1.1 Scope of Application

These General Terms and Conditions of Rental (GTC) apply exclusively to contracts between BM TestechSolutions UG (haftungsbeschränkt) (hereinafter "RentOn") and lessees who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law (hereinafter "Lessee"). This means that in this case we only conclude the contract with natural or legal persons or partnerships with legal capacity who are acting in the exercise of their commercial or independent professional activity. The conclusion of a contract with consumers (Section 13 BGB) is excluded.

1.2 For the contractual relationship with us, exclusively these General Terms and Conditions of Rental (hereinafter referred to as "GTC") apply in this case. The version valid at the time of the order is authoritative. We hereby object to the General Terms and Conditions of the contractual partner (hereinafter also referred to as "Lessee" or "you"). This objection also applies if we deliver goods to you without reservation despite having knowledge of deviating terms and conditions. Your terms and conditions shall therefore only apply if we expressly agree to their validity.

1.3 The operative provision of the services (in particular the provision of the rental equipment, logistics, maintenance, and repair) is carried out by partner companies commissioned by RentOn (hereinafter "Partners"). The Lessee acknowledges that RentOn uses these Partners as vicarious agents to fulfill its contractual obligations.

1.4 The Lessee is solely responsible for selecting the rental equipment with regard to its specific application purposes based on the digital information and vehicle specifications provided on the rental portal.

1.5 These GTC shall also apply to all future transactions with the Lessee without the need for a renewed reference. Deviating or supplementary conditions of the Lessee shall not become part of the contract unless RentOn expressly agrees to their validity in writing.


2. Term, Flexibility, and Termination

2.1 Upon receipt of the request, we will send an email confirmation that a rental has been requested. We point out that a placed order is an offer and does not constitute a binding contract until the order has been confirmed by us. The conclusion of the contract takes place exclusively digitally through confirmation in text form.

2.2 RentOn reserves the right not to confirm the rental request for any operational, legal, or commercial reasons.

2.3 RentOn, at its own discretion, provides a vehicle/multiple vehicles corresponding to the vehicle category selected by the Lessee on the rental portal. However, the Lessee has no claim to a specific vehicle defined by a serial number.

2.4 RentOn is entitled, during the rental period, to replace the vehicle provided to the Lessee with another equivalent vehicle ("Replacement Vehicle") ("Exchange"), provided the Exchange is to the Lessee's advantage or is reasonable for the Lessee taking into account the interests of RentOn or its Partners. The corresponding Exchange may take place, for example, if the vehicle is to be replaced by a newer model, incurs particularly high service costs that can be reduced by the Replacement Vehicle, or has been requested for sale as used equipment. The rental will continue unchanged with the Replacement Vehicle in this case. RentOn shall bear the transport costs for exchanging the vehicles.

2.5 The rental duration is chosen individually by the Lessee when making the request. The Lessee has the option to request an extension of the rental duration.

2.6 During the extension period, the previous conditions continue to apply unchanged. In particular, the Lessee remains obligated to pay the daily rate-based rent until the day of the actual return of the vehicle to RentOn.

2.7 If the Lessee wishes to shorten the originally agreed term, they may request this. The claim to the rent agreed upon for the originally agreed period remains unaffected.

2.8 Return and Unwanted Exceeding of Use

2.8.1 Duty to return: Upon termination of the rental agreement (expiration of time or termination), the Lessee is obliged to make the rental object available for collection at the agreed return time in a proper, clean, and operational condition. Readiness for collection includes in particular:

  • Accessibility: The device must be freely accessible to the transport vehicle and free of obstacles.

  • Accessories: All supplied equipment (e.g., chargers, attachments) must be fully enclosed.

  • Keys & Documents: Vehicle keys and any accompanying documents must be left with the device or at a previously agreed location.

  • Cleanliness & Marking: The rental object must be roughly cleaned and freed of any stickers or markings applied by the customer.

  • State of Charge: For electrical appliances, an adequate state of charge (min. 20%) must be ensured so that the device can be loaded without delay.

2.8.2 Compensation for delay: If the Lessee does not return the vehicle at the agreed time without having arranged an extension, they owe compensation for use for the duration of the withholding. This corresponds to the previous rent plus a surcharge of 25%. RentOn expressly reserves the right to claim further damages (e.g., costs for futile collection attempts by the Partner or damages for non-provision for the next lessee).

2.9 The parties are entitled to terminate the rental agreements in accordance with statutory provisions. RentOn may terminate the rental agreements extraordinarily without notice for good cause. Good cause includes in particular: significant deterioration of the Lessee's financial circumstances, dishonored direct debits / checks, enforcement measures directed against the Lessee, lack of vehicle care, improper and unlawful use, disregard of usage regulations, unreasonableness of continuing the rental agreement (e.g., due to an excessively high damage rate).


3. Rent

3.1 The Lessee shall pay the contractually agreed specified daily rent for the provision of services by RentOn ("Rent"). In addition, the Lessee owes the contractually agreed ancillary and additional costs, in particular for logistics and transport, which are shown in the ordering process on the rental portal and confirmed in the order confirmation.

3.2 The provisions in these GTC and the details in the order confirmation are exclusively authoritative for billing. Our product descriptions as well as pre-contractual communications, descriptions, and cost estimates are non-binding. The information and details in our brochures or on the website are general and informative descriptions and, in particular, do not constitute guarantees of condition or agreements on condition.

3.3 The agreed daily rent is based on a maximum vehicle usage of 6 operating hours per calendar day. Use exceeding this time (excess use) will be charged additionally. A fee of 2.00 € per hour applies for every additional operating hour commenced beyond the daily limit.

3.4 All stated amounts are net amounts, plus the statutory value-added tax applicable at the time of delivery or performance.


4. Terms of Payment

4.1 Payment is processed via the Payment Service Provider (PSP) selected during the order process. Depending on the chosen payment method, the rent is collected or becomes due for payment either immediately upon conclusion of the contract or after invoicing by the PSP, RentOn, or a third party commissioned by RentOn. The Lessee authorizes RentOn or the respective PSP to collect the due amounts via the selected payment method.

4.2 Claims resulting from damage to the rental object, loss, delayed return, or excessive wear and tear can be invoiced directly by RentOn. Unless otherwise agreed, these invoices are due for payment immediately upon receipt without deduction.

4.3 RentOn reserves the right to assign claims to third parties for refinancing purposes or as part of receivables management. In the event of an assignment, payment with discharging effect can only be made to the assignee. RentOn shall inform the Lessee of an assignment without delay in text form.

4.4 Default in Payment: In the event of payment default, RentOn is entitled to demand default interest at the statutory rate (currently 9 percentage points above the base interest rate, Section 288 (2) BGB) as well as a lump sum of EUR 40.00. RentOn reserves the right, in the event of sustained default, to suspend the contractual limitation of liability (Clause 9) until the claims have been settled, or to decommission the device after prior notice.

4.5 RentOn uses external payment service providers to process payments, especially the monthly rent. The Lessee consents to all data required for payment processing (e.g., billing data, bank details, credit card numbers) being transmitted to these service providers for the purpose of contract execution and billing. The processing of data by the payment service provider takes place on the basis of its own data protection regulations.


5. Condition of the Vehicle, RentOn's Duty of Maintenance

5.1 RentOn shall provide the vehicle to the Lessee in a condition suitable for contractual use. The vehicle may be a new or a used vehicle. The Lessee has no claim to a new vehicle.

5.2 Pursuant to Section 535 (1) Sentence 2 BGB, RentOn shall maintain the vehicle at its own expense in a condition suitable for contractual use during the rental period ("Duty of Maintenance"). RentOn deploys its Partner for this purpose.


6. Rectification of Defects

6.1 The Lessee is entitled to statutory rights in the event of vehicle defects, unless regulated otherwise in this Clause 6.

6.2 The Lessee must notify RentOn of any vehicle defects immediately in text form.

6.3 In the event of vehicle defects, RentOn will, at its own discretion, either repair the defective vehicle or provide the Lessee with an equivalent vehicle.

6.4 The reduction of rent due to disputed or not legally established vehicle defects is excluded. This does not affect the Lessee's right to assert a claim for repayment of overpaid rent due to the defects.

6.5 If the Lessee terminates the rental agreement prematurely due to defects in the provided vehicle, RentOn will arrange for the collection of the vehicle at its own expense upon the Lessee's request.

6.6 In the event of vehicle defects, RentOn shall only be liable for damages to the Lessee in the case of fault; Section 536a (1) Alt. 1 BGB shall not apply. However, any claims for damages by the Lessee due to defects are limited in accordance with Clause 12 (Liability).


7. Handling of the Vehicle, Obligations of the Lessee

7.1 (Protection) Duties of the Lessee: The Lessee must treat the vehicle with care and refrain from anything that could lead to damage. In particular, they must:

  • 7.1.1 Only use the vehicle as intended in accordance with handed-over or digital operating manuals and/or instructions and safety notes provided by RentOn, and not exceed the carrying capacity of the respective vehicle. This particularly concerns maintenance to be carried out regularly by the Lessee.

  • 7.1.2 Observe the applicable accident prevention and occupational safety regulations as well as, where applicable, road traffic regulations;

  • 7.1.3 Use operating resources suitable for operating the vehicle;

  • 7.1.4 Take appropriate precautions and protective measures against weather conditions, overstressing, access by unauthorized third parties, and theft; and

  • 7.1.5 Store the vehicle, as far as possible, in an enclosed and locked room, or at least on an enclosed and locked premises.

  • 7.1.6 The Lessee must comply with all applicable legal and regulatory requirements within the scope of using the vehicle.

7.2 Instruction of Personnel: The Lessee bears the responsibility for ensuring that the persons working with the vehicle (operating personnel) treat the vehicle in accordance with Clause 7.1, are capable of operating the vehicle and are qualified for this operation, and possess any (legally) required certificates, certificates of competence, and driving licenses.

7.3 Duty to Notify: Without prejudice to Clause 5.2, the Lessee is obliged to immediately report all necessary maintenance, repair, inspection, and servicing work that arises during the rental term and to have it carried out by RentOn or its vicarious agents. If the Lessee fails to notify, they are obliged to compensate RentOn for the resulting damage. The Lessee remains obliged to pay the agreed rent while all work is being carried out.

7.4 Prohibition of Transfer to Third Parties: The Lessee may not rent out, lend, or otherwise make the vehicle available or grant other rights to third parties without prior written consent from RentOn in text form.

7.5 Obligations of the Lessee in the Event of Damage: In the event of damage, the Lessee is obliged to:

  • Notify RentOn of the damage in text form;

  • Avert or mitigate the damage as far as possible and follow the instructions of RentOn or its vicarious agents; they must obtain such instructions as far as reasonable;

  • Cooperate comprehensively in the processing of the damage and refrain from anything that could harm the interests of RentOn. This includes, in particular, allowing RentOn or its vicarious agents, within reasonable bounds, any investigation into the cause, course, and extent of the damage, as well as providing any useful information;

  • Document the damage scenario by taking photographs if possible and leave it unchanged until an inspection by RentOn or its vicarious agents, unless:

  • the maintenance of operations or safety reasons necessitate intervention,

  • the interventions are expected to mitigate the damage,

  • the lessor has given written consent,

  • the inspection of the damage by RentOn has not taken place immediately, at the latest within five working days after receipt of the damage report;

  • The Lessee must retain any damaged individual parts until an inspection by RentOn or its vicarious agents if they do not leave the damage scenario unchanged for the aforementioned reasons.

7.6 Duty to Cooperate:

7.6.1 To fulfill its duties according to Clause 2.4 (Exchange) and 5.2 (Duty of Maintenance), RentOn or the Partners commissioned by it are entitled to inspect and examine the vehicle to carry out maintenance and repair work after prior coordination with the Lessee during normal business hours (weekdays Monday to Friday 8:00 a.m. to 5:00 p.m.).

7.7 Enforcement Measures:

The Lessee shall inform RentOn immediately in text form of all enforcement measures and other dispositions by third parties directed against the vehicle provided by RentOn. The Lessee shall provide RentOn with copies of attachment orders and protocols. The Lessee must furthermore undertake everything at their own expense to avert the execution of the aforementioned measures. As the vehicle is the property of the Partner bringing the action, the Lessee is obliged to reimburse the judicial and extrajudicial costs incurred in connection with averting the enforcement (in particular in the case of a third-party action against execution according to Section 771 ZPO [German Code of Civil Procedure] by the owner), provided the party pursuing the enforcement is not in a position to do so.


8. Liability of the Lessee in the Event of Destruction, Loss, or Theft of the Vehicle

8.1 Subject to their contractual limitation of liability (see Clause 9), the Lessee is liable to RentOn during the rental period for damage, loss, destruction, and theft of the vehicle to the extent that they are responsible for the damage, loss, destruction, or theft; Section 538 BGB remains unaffected. The Lessee is also liable for their organs, executives, or employees and vicarious agents (collectively "Representatives") to the extent that they are responsible for the damage, loss, destruction, or theft. If the Lessee transfers use to a third party, they must answer for any fault attributable to the third party during use, even if RentOn has granted permission for the transfer.

8.2 If the Lessee is responsible for the damage, loss, destruction, or theft of the vehicle, they must, subject to the contractual limitation of liability, compensate RentOn for all incurred damages, such as repair costs, replacement value, and consequential damages, e.g., disposal costs or towing costs.

8.3 If a lost vehicle is found again, RentOn may, at its option, take possession of it again and repay the Lessee any paid replacement value minus any incurred loss in value, or realize the vehicle and pay out the realization proceeds to the Lessee minus any costs for the realization. In the latter case, the Lessee is also entitled to undertake the realization themselves.

8.4 In the event of destruction, loss, or theft for which the Lessee is responsible, RentOn is entitled, at its option, to fulfill the rental agreement with an equivalent vehicle or to extraordinarily terminate the affected contract.

8.5 The Lessee is liable for the operational risk originating from the vehicle, provided it is not due to a defect in the vehicle or a breach of the duty of maintenance or restoration (as defined in Clause 9.3) by RentOn or its vicarious agents.

8.6 The Lessee is subject to unlimited liability for all violations of traffic and regulatory provisions as well as other legal regulations, unless they are not responsible for this.


9. Limited Liability of the Lessee ("Contractual Indemnification")

9.1 General and Scope

"Contractual indemnification" means that RentOn will repair or replace a damaged vehicle even in the event of damage for which the Lessee is responsible. The contractual indemnification is granted to the Lessee as an additional service in accordance with this Clause 9 and leaves RentOn's duty of maintenance (see Clause 5) and the Lessee's rights concerning defects (see Clause 6) unaffected. Within the scope of the contractual indemnification, the Lessee is liable for damage to the vehicle for which they or their Representatives are responsible, subject to Clause 9.6, only up to the amount of their deductible (see Clause 9.2). The contractual indemnification applies only to damage to the vehicle for which the Lessee or their Representatives are responsible. This includes, in particular, damage resulting from operating errors, clumsiness, or other damage caused by the personnel working with the vehicle. The contractual indemnification does not apply to a loss, destruction, or theft of the vehicle for which the Lessee or their Representatives are responsible. In this case, Clause 8 applies.

9.2 Deductible

The Lessee is liable for each individual damage event up to the amount of the deductible stipulated per device category, which is shown in the device specifications during the order process and confirmed in the order confirmation.

9.3 Duty to Restore

If damage occurs to the vehicle for which the Lessee or their Representatives are responsible ("Damage Event"), RentOn will, at its own discretion, either repair the damaged vehicle using the deductible paid by the Lessee or provide another suitable vehicle ("Duty to Restore").

9.4 Exclusion of Contractual Indemnification

The contractual indemnification and thus the Duty to Restore by RentOn does not apply to damages:

  • caused by intent on the part of the Lessee or their Representatives; or

  • for which a third party is liable to answer, for example, as a supplier (manufacturer or dealer), carrier, forwarder, or works contractor.

The contractual indemnification also does not apply if damages were caused by the Lessee breaching their obligations from the General Terms and Conditions of Rental, in particular by renting the vehicle to third parties or otherwise making it available to third parties without RentOn's express permission.

9.5 Liability Quota in Case of Gross Negligence

If the damage was caused by gross negligence, RentOn or its vicarious agents are entitled to reduce their services regarding the Duty to Restore in proportion to the severity of the fault. The severity of the fault is to be determined in case of doubt within the framework of the expert procedure (see Clause 9.6). In this case, RentOn can demand the payment of a monetary amount from the Lessee beyond the deductible, which must be used to fulfill the Duty to Restore.

9.6 Expert Procedure

If the determination of damage cannot be settled by mutual agreement, the cause and amount of the damage can be determined by an expert. In this case, RentOn is free to demand the execution of the expert procedure even without the Lessee's consent. The following applies to the expert procedure:

  • 9.6.1 Each contracting party appoints an expert in writing and can then request the other contracting party in writing, naming their appointed expert, to appoint a second expert. If the second expert is not appointed within two weeks of receiving the request, the requesting party can have them appointed by the Chamber of Industry and Commerce responsible for the location of the damage. The request must draw attention to this consequence.

  • 9.6.2 Both experts appoint a third expert as chairman (umpire) in writing before the start of the determination process. If they cannot agree, the chairman will be appointed upon request by one party by the Chamber of Industry and Commerce responsible for the location of the damage.

  • 9.6.3 The contracting parties may not appoint as experts persons who are competitors of the respective other contracting party or who are in a continuous business relationship with them, furthermore no persons who are employed by competitors or business partners or who stand in a similar relationship with them. This applies accordingly to the appointment of a chairman by the experts.

  • 9.6.4 The findings of the experts must contain:

  • the determined or suspected causes as well as the extent of the damage and destruction;

  • the restoration costs;

  • the current value (value of the device before the damage occurred);

  • the value of remnants and scrap material.

The experts transmit their findings to both contracting parties simultaneously. If the findings differ from one another, we will hand them over to the chairman immediately. The chairman decides on the remaining disputed points within the boundaries drawn by the experts' findings and transmits their decision to both contracting parties simultaneously. Each party bears the costs of their expert. The costs of the chairman are borne equally by both parties. The findings of the experts or the chairman are binding unless it is proven that they evidently deviate significantly from the actual state of affairs. The restoration of the rental object occurs on the basis of the binding findings.


10. Delivery

10.1 The delivery of the vehicle takes place at the delivery location agreed upon in the order confirmation.

10.2 Responsibility for Access: The Lessee must ensure that unimpeded access to the premises and rooms of the deployment location is guaranteed for the transport vehicles of the Partners at the agreed delivery and collection date.

Condition of the Access Route: The Lessee bears the responsibility that the deployment location as well as the access route for delivery and removal (e.g., regarding soil conditions, weight, and height restrictions) are safely negotiable.

Official Permits: The procurement and organization of any official permits (e.g., for blockades or special uses of public space) are exclusively the Lessee's responsibility.

Costs in Case of Non-Compliance: If delivery or collection cannot be carried out for reasons for which the Lessee is responsible (e.g., blocked access, missing permits, or lack of local contact persons), the Lessee bears the resulting additional costs for futile approaches and waiting times.

10.3 Handover of the Vehicle:

Creation of the Protocol: Upon handover of the vehicle by the Partner (delivery) and upon its return (collection), a handover or return protocol will be created together with the Lessee.

10.4 Lessee's Duty to Inspect:

The Lessee is obliged to inspect the vehicle immediately upon handover for recognizable defects and to fully record them in the protocol.

10.5 Legal Effect of Signing:

By signing the protocol, the Lessee acknowledges the condition of the vehicle as contractual, provided no defects were noted. Recognizable defects that are not listed in the protocol can no longer be asserted as a defect retrospectively.

10.6 Answering for Accuracy:

When executing the protocol, the Lessee acts in their own name and is accountable for the accuracy and completeness of the information provided therein. This also applies if the handover or return is carried out by a third party authorized by the Lessee.

10.7 The Lessee will not remove the vehicle from the place of its intended use (delivery location) without RentOn's prior consent.

10.8 RentOn's obligation to provide and deliver the vehicle is subject to correct and timely supply or service provision by the Partners (vicarious agents) commissioned by RentOn as well as their suppliers.

  • 10.8.1 If RentOn's Partner (in particular Jungheinrich) is not supplied correctly and/or on time by its suppliers for reasons for which the Partner is not responsible, although the Partner has placed congruent orders in a timely manner, and if the affected delivery or service cannot be procured elsewhere despite reasonable efforts ("Non-Supply"), RentOn will inform the Lessee of this immediately in text form.

  • 10.8.2 In this case, the agreed delivery date is postponed by a reasonable period of time, which takes into account the resource and capacity availability of the Partner and its suppliers, without RentOn falling into default of delivery.

  • 10.8.3 If the Non-Supply lasts longer than 3 working days, each party is entitled to withdraw from the affected individual vehicle contract.


11. Default / Delay in Delivery

11.1 The delivery of the vehicle takes place on the agreed delivery date. This delivery date is non-binding.

11.2 RentOn will inform the Lessee about delays in the provision of vehicles as soon as these become recognizable.

11.3 The Lessee can request RentOn to deliver the vehicle in text form after a non-binding delivery date has been exceeded. After receiving this request, RentOn falls into default of delivery, unless RentOn is not responsible for the delay in delivery.

11.4 If RentOn is in default with the provision of vehicles, the Lessee will grant RentOn a reasonable grace period. After unsuccessful expiration of the grace period, RentOn is obliged to provide the Lessee with a replacement vehicle whose functionality is comparable to that of the ordered vehicle.

11.5 In the event of a delay in delivery, the Lessee is entitled to withdraw from the respective individual vehicle contract in accordance with statutory provisions. In the event of a delivery delay by RentOn or its Partners, the Lessee's claims for default damages against RentOn under the affected individual vehicle contract are limited to a maximum of twice the daily rent per calendar day of the delivery delay. This does not apply in cases of intent or gross negligence by RentOn, its Representatives, or Partners of RentOn.

11.6 Further claims for delay in delivery are, to the extent legally permissible, expressly excluded.


12. Liability

12.1 RentOn is liable (a) for the assumption of a guarantee, (b) for personal injuries (injury to life, body, or health), (c) for liability under the Product Liability Act, (d) for intent, fraudulent concealment, or gross negligence, and (e) for the breach of essential contractual obligations, i.e., those obligations whose fulfillment characterizes the proper execution of a contract in the first place and on whose compliance the Lessee regularly relies and may rely.

12.2 In the case of slightly negligent breach of essential contractual obligations, however, RentOn's liability is limited to compensation for contract-typical, foreseeable damage.

12.3 In the cases of Clause 12.1, RentOn's liability is limited to an amount of a total of 25,000 Euros per rented vehicle.

12.4 For property damage and consequential property damage (financial losses associated with property damage) caused negligently by defects in vehicles and/or by RentOn or its Partners in the execution of its deliveries and services, RentOn's liability per individual vehicle contract is capped up to €250,000 per damaging event.

12.5 In the cases of Clause 13, RentOn's liability for lost profit as well as other indirect damages or consequential damages is excluded in all cases.

12.6 RentOn is only liable for the loss of the Lessee's data (a) in accordance with the above liability limitations and (b) if the loss was unavoidable even with market-standard data backup measures.

12.7 Further liability of RentOn is excluded unless it is mandatorily prescribed by law.

12.8 Insofar as RentOn's liability is limited or excluded according to the above regulations of this Clause 12, this also applies to the corresponding personal liability of RentOn's Representatives and vicarious agents.


13. Force Majeure

13.1 "Force Majeure" means the occurrence of an external event, coming from the outside or brought about by the actions of third parties, which was unforeseeable for any party and for which no party is responsible, in particular one that could not have been averted by the standard of care reasonably expected.

13.2 In particular, the following events are considered Force Majeure:

(i) War (whether declared or not), hostilities, invasion, acts of foreign enemies, extensive military mobilization;

(ii) Civil war, riot, rebellion and revolution, military or usurped power, insurrection, terrorist acts, sabotage, or piracy;

(iii) Currency and trade restrictions, embargo, sanctions;

(iv) Sovereign measures, whether lawful or unlawful, compliance with laws or official orders, expropriation, seizure of works, requisition, nationalization;

(v) Plague, epidemic, pandemic, natural disaster, or extreme natural event;

(vi) Explosion, fire, destruction of equipment;

(vii) General labor unrest such as boycotts, strikes and lockouts, go-slow strikes, occupation of factories and buildings;

and (viii) Bottlenecks on the procurement market for raw materials, disruption or failure of transport, telecommunications, information systems, or shortages of electricity, gas, and energy due to an event of Force Majeure (e.g., a war).

13.3 Force Majeure is also deemed to exist if an event of Force Majeure occurs at companies associated with a party pursuant to Sections 15 et seq. of the German Stock Corporation Act (AktG), subcontractors, suppliers, or vicarious agents of a party and the aforementioned persons are thereby prevented from rendering services to the affected party.

13.4 If a party is only able to render services to a limited extent or if performance is (temporarily) impossible due to Force Majeure (in each case "Hindrance"), the following applies:

  • The affected party must inform the other party of the Force Majeure event immediately in text form and, if possible, state the beginning and the expected end of this event.

  • Insofar as service provision under the affected contract is possible to a limited extent, the affected party will provide the services to the extent possible for the duration of the Hindrance.

  • Insofar as service provision under the affected contract is (temporarily) impossible, the affected party is released from their relevant performance obligations for the duration of the Hindrance.

  • If the Hindrance due to Force Majeure lasts longer than four (4) weeks and therefore the execution of the affected contract under the previous conditions would mean an unreasonable hardship for one party or both parties, the parties will negotiate in good faith an adjustment of the affected contract for the duration of the Force Majeure without prejudice to the preceding regulations. If a contract adjustment is not possible or not reasonable for one party, the party for whom the contract adjustment is unreasonable can terminate the affected contract without notice.

  • Without prejudice to Clause 13.4 lit. d, each party is entitled to terminate the affected contract without notice if the Hindrance due to Force Majeure lasts longer than three (3) months.

  • Liability of the party under the affected contract due to the Hindrance is excluded. This also applies if the affected contract is terminated as a result.

13.5 This applies accordingly if:

  • an event of Force Majeure (e.g., pandemic or war) ended before or at the conclusion of the affected contract and subsequently reoccurred, although this was unlikely at the time of conclusion of the contract;

  • an event of Force Majeure (e.g., pandemic or war) already existed before or at the conclusion of the affected contract and did not end after conclusion of the contract, although it was expected at the time of conclusion of the contract that the event would end;

  • an event of Force Majeure (e.g., pandemic or war) existed before or at the conclusion of the affected contract and has significantly expanded or worsened after the conclusion of the contract (e.g., development of an epidemic into a pandemic or expansion of a war to other countries); or

  • the occurrence of an event of Force Majeure (e.g., pandemic or war) seemed possible at the conclusion of the affected contract but was unlikely, and the event of Force Majeure nonetheless occurred after the conclusion of the contract.


14. Arbitration and Applicable Law

14.1 The applicable substantive law is German law, excluding its conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), whereby the application of Sections 305 to 310 BGB is excluded. A review of the content of the General Terms and Conditions takes place exclusively according to Sections 138, 242 BGB.

14.2 Disputes arising from or in connection with the contract shall be settled amicably as far as possible. All disputes arising out of or in connection with the contract or its validity shall be finally settled according to the Arbitration Rules of the German Institution of Arbitration (DIS) under exclusion of the ordinary course of law. The arbitral tribunal consists of three arbitrators. In its decision pursuant to Section 1051 ZPO, the arbitral tribunal must apply the law designated as applicable in the preceding clause. German law applies to this arbitration clause. The place of arbitration is Hamburg. The language of the proceedings is German.


15. Transfer of Rights and Obligations; Legal Succession

15.1 RentOn is entitled to transfer the rights and obligations under this contract in whole or in part to another company (assumption of contract).

15.2 In the event of such a contract assumption, the Lessee will be informed in due time in text form. In this case, the Lessee has the right to extraordinary termination of the contract with a notice period of 14 days after notification, provided the transfer impairs the legitimate interests of the Lessee.