Terms & Conditions

§ 1 Scope

These General Terms and Conditions apply to all hire contracts concluded between FM-Handel UG (haftungsbeschränkt)(hereinafter "the Lessor") and the customer (hereinafter "the Hirer") for the hire of equipment. Deviating conditions of the Hirer are not recognised unless the Lessor expressly agrees to them in writing.

§ 2 Conclusion of contract and hire period

(1) The display of rental items on the website does not constitute a binding offer by the Lessor, but a non-binding invitation to submit an offer.

(2) By clicking the “Book now — payment required” button, the Hirer submits a binding offer to conclude a hire contract for the rental items identified in the booking process.

(3) The Lessor confirms receipt of the booking without undue delay in text form. The hire contract is concluded when the booking confirmation is received by the Hirer; acknowledgement of receipt and booking confirmation may be combined.

(4) The Lessor stores the contract text and sends it to the Hirer in text form together with these General Terms and Conditions, the Withdrawal Notice and the Model Withdrawal Form.

(5) The hire period begins and ends at the times stated in the booking process. The following time windows apply: daily hire from 8:00 am to 6:00 pm on the same day; weekend hire from Friday at 1:00 pm to Monday at 9:00 am; weekly hire from Monday at 8:00 am to Friday at 1:00 pm.

(6) Section 545 BGB does not apply. If the Hirer continues to use the rental item after the hire period has expired, the hire relationship is not extended; no declaration by the Lessor is required.

§ 3 Hire prices and payment

(1) The hire prices displayed on the website at the time of booking apply. All prices are final prices including statutory value-added tax, currently 19%.

(2) Any delivery and ancillary charges are shown separately in the booking process before the contractual declaration is submitted.

(3) The hire price and any delivery and ancillary charges must be paid at the time of booking through the payment service provider offered by the Lessor.

(4) The full collection and return address is communicated to the Hirer in text form after payment has been received.

(5) Payment in cash or by debit card upon collection is possible only by prior express agreement with the Lessor.

Section 3a Stored payment method

(1) During the booking process the renter stores a payment method (credit or debit card) with the landlord's payment service provider. The card details are stored exclusively there; the landlord neither receives nor stores full card details.

(2) The renter authorises the landlord to charge the stored payment method for
a) the rental price and any agreed delivery and ancillary charges,
b) the rental security under Section 4,
c) flat-rate charges under Section 5, claims for late return, the cancellation charge under Section 12 and claims for damages arising from this rental relationship, to the extent that no rental security was taken for the rental item or a security provided is insufficient.

(3) The landlord will notify the renter in text form before any charge under paragraph 2(c), stating the reason, the amount and the earliest date of the charge. The charge will be made no earlier than seven days after that notification is received.

(4) If the renter objects to the announced charge in text form within that period, the charge will not be made; the landlord will then pursue the claim by ordinary means. The renter's right to raise objections after a charge has been made remains unaffected.

(5) Charges under paragraph 2(c) are limited to EUR 150.00 per rental transaction. If a higher amount is provided for a rental item under the deposit schedule (Annex 1), that amount replaces the amount under sentence 1; where a rental transaction covers several rental items, the sum of the respective amounts applies, up to a maximum of EUR 1,000.00. This limit applies solely to charges against the stored payment method; any further claims of the landlord remain in existence and will be invoiced separately.

(6) The authorisation under paragraph 2 ends six months after return of the rental item, or, for bookings not taken up or cancelled, six months after the agreed end of the rental period.

(7) The renter may replace the stored payment method at any time and may revoke the authorisation under paragraph 2 at any time with effect for the future. If the renter revokes before handover, the landlord is entitled to withhold handover until another payment method has been stored or the rental security has been provided in cash or by bank transfer. A revocation after return does not affect existing claims of the landlord; these will then be invoiced.

This is a translation for convenience. In case of discrepancy, the German version prevails.

§ 4 Deposit security

The Lessor may require security (a deposit) for the provision of the equipment. Whether and in what amount a deposit is due is governed by Annex 1, which forms part of these Terms. The deposit is based on the replacement value of the equipment and is no more than 20% of that value, and no more than €1,000 per hire transaction. No deposit is charged for part of the range.

The deposit applicable to the specific equipment will be stated to the Hirer in euros during the booking process before a contractual declaration is made and in the booking confirmation.

If several items are provided in one hire transaction, the individual deposits are added together. The total deposit is capped at €1,000 per hire transaction.

The deposit is payable before or upon handover, by pre-authorisation on a credit or debit card, bank transfer, or cash on collection. Until the deposit has been paid in full, the Lessor may withhold handover.

The deposit secures only claims arising from this hire relationship: outstanding hire charges and agreed delivery or ancillary charges; damage, loss or destruction of the equipment or accessories; necessary cleaning where the equipment is returned substantially soiled; and late return claims. Set-off against claims from other legal relationships is excluded.

The deposit will be released or repaid without undue delay after return and inspection, and no later than five working days after return. If the Lessor asserts a claim, the reasons and amount will be provided in an understandable written statement within this period. Any unused part will still be repaid without undue delay.

The deposit does not bear interest and does not limit the Hirer's liability. If damage exceeds the deposit, the Hirer remains liable for the excess; if damage is lower, the difference will be repaid. The Lessor may inspect an official identity document to establish identity and note the first and last name, address and validity period. The identity document will not be held as security. A copy or scan is made only with the Hirer's express consent.

§ 5 Fixed charges

If the equipment is returned substantially soiled, the Lessor may charge a cleaning fee of €30.

In the event of late return, the Lessor may charge the agreed daily hire price for each commenced day of delay, plus an administrative flat fee of €3.99.

In both cases, the Hirer may provide evidence that no damage or loss in value occurred, or that the actual damage or loss in value was substantially lower than the fixed charge. The Lessor may provide evidence of higher damage.

§ 6 Handover and return

(1) Upon handover, the Hirer must inspect the rental item for completeness and proper condition. Defects must be reported immediately. Upon return, the rental item must be returned clean and complete. Soiling charges may be imposed.

(2) The Lessor hands over the rental item in functional, inspected and clean condition.

(3) The Lessor provides the Hirer with the manufacturer's operating instructions in text form no later than upon handover of the rental item. They may be provided in print or electronically, in particular as a PDF by email. The Hirer must read and follow the operating instructions in full before first use.

(4) Where required by the type of rental item, the Lessor instructs the Hirer upon handover in its basic operation and essential safety devices. Receipt of the operating instructions and the instruction provided are documented in the handover protocol.

(5) Upon handover, the Hirer must inspect the rental item for completeness and externally visible defects. Visible defects must be reported upon handover and recorded in the handover protocol; defects recorded there are not charged to the Hirer.

(6) Safety notices published on the Lessor's website provide preliminary information and are not exhaustive. The manufacturer's operating instructions are authoritative.

§ 7 Intended use and obligations of the Hirer

(1) The Hirer may use the rental item only for its intended purpose and within the manufacturer's specifications, and must observe the operating instructions and the applicable safety, occupational-health and accident-prevention rules.

(2) The Hirer ensures that the rental item is operated only by persons who

• a) are at least 18 years old,
• b) are physically and mentally able to operate it and are not impaired by alcohol, medication or drugs,
• c) have read the operating instructions and have been instructed in its operation, and
• d) possess any permit, qualification or driving licence required by law.

(3) The Hirer provides the required personal protective equipment; it is not included in the hire.

(4) In particular, the following are prohibited:

• a) removing, modifying or bypassing protective or safety devices,
• b) operation where defects, damage or unusual operating behaviour are apparent,
• c) interventions, modifications or repairs to the rental item,
• d) using tools, accessories, spare parts or consumables not approved by the manufacturer,
• e) transferring the rental item to third parties without the Lessor's prior consent in text form,
• f) use outside the Federal Republic of Germany without the Lessor's prior consent in text form.

(5) If defects, malfunctions or damage arise during the hire period, the Hirer must stop operation immediately and notify the Lessor without undue delay. Unauthorised repair attempts are prohibited.

(6) The Hirer must notify the Lessor without undue delay of loss, theft or damage to the rental item. In cases of theft or vandalism, the Hirer must also report the matter to the police without undue delay and provide the Lessor with a copy of the report.

(7) During the hire period, the Hirer must protect the rental item from weather, unauthorised access and theft and secure it against unauthorised use.

§ 8 Liability for damage

(1) Under the statutory provisions, the Hirer is liable for damage to the rental item arising during the hire period through use contrary to its intended purpose or improper use, a breach of section 7, or other fault of the Hirer or persons to whom the Hirer has transferred the rental item.

(2) The Hirer is not liable for changes or deterioration caused by use in accordance with the contract; these are covered by the hire price. Nor is the Hirer liable for damage caused by a defect that already existed at handover and was recorded in the handover protocol.

(3) In the event of loss, theft or total loss of the rental item, the Hirer, to the extent responsible, reimburses the replacement value of equivalent equipment of the same age and condition. A deduction for betterment ("new for old") is made.

§ 9 Liability of the Lessor

(1) The Lessor has unlimited liability for intent and gross negligence, for damage arising from injury to life, limb or health, under the German Product Liability Act, and to the extent of any guarantee assumed by the Lessor.

(2) In cases of ordinary negligence, the Lessor is liable only for breach of a material contractual obligation whose performance is essential for proper performance of the contract and on whose observance the Hirer may regularly rely. In that case, liability is limited to the foreseeable damage typical for the contract at the time it was concluded.

(3) In all other respects, the Lessor's liability is excluded.

(4) The foregoing limitations of liability also apply in favour of the Lessor's legal representatives, employees and agents.

(5) The Hirer indemnifies the Lessor against third-party claims based on use of the rental item by the Hirer, or by persons to whom the Hirer transferred it, contrary to the contract or the law.

§ 10 Early return and termination

Early return of the rental item does not entitle the Hirer to a reduction in the hire price unless the Lessor agrees. The Lessor may terminate the hire relationship without notice if the Hirer breaches material contractual obligations.

§ 11 Applicable law and jurisdiction

The law of the Federal Republic of Germany applies. The place of jurisdiction for merchants and legal entities under public law is München.

§ 12 Cancellation by the Hirer

Corresponds to § 12 of the German AGB, which is the authoritative version.

The statutory right of withdrawal for consumers (see the Withdrawal Notice) remains unaffected by the following cancellation conditions and takes precedence over them.

The Hirer may cancel a confirmed reservation free of charge up to 24 hours before the agreed start of the hire period.

If a cancellation is made less than 24 hours before the agreed start of the hire period, or if the Hirer does not collect the item at the agreed time and does not cancel the reservation in good time, the Lessor is entitled to claim liquidated damages of 30% of the booked rental price, capped at EUR 50.

The Hirer is expressly permitted to prove that the Lessor suffered no loss or a substantially lower loss. The Lessor reserves the right to prove that a higher actual loss was incurred.

Relationship to the deposit

If a deposit under § 4 (Deposit security) has been paid or pre-authorised for the hired item, any liquidated damages owed under this provision are set off against the deposit first. The portion of the deposit not drawn upon is refunded or released without delay in accordance with § 4 (Deposit security). If the liquidated damages exceed the deposit paid, the Hirer remains liable for the excess amount. If no rental security was taken for the rental item, the landlord may charge the flat-rate damages against the stored payment method in accordance with Section 3a.

If the item can be hired out to another customer for the reserved period, the income generated and any expenses saved are taken into account when calculating the loss.

Any statutory right of withdrawal remains unaffected. If the Hirer exercises that right, no cancellation fee applies.

These conditions are also available as a separate page: Cancellation Policy.

§ 13 Severability clause

Should any provision of these Terms and Conditions be or become invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by the applicable statutory provision.