1) Preamble
The following terms and conditions are concluded between Deelight Medien- und Eventtechnik GmbH, hereinafter referred to as „the Lessor”, and the signatory, hereinafter referred to as „the Client”. Representatives of the Lessor are not exclusively statutory representatives under these provisions; they are also, by power of attorney, production managers and technicians. Unless otherwise agreed in writing between the parties, the Lessor’s general terms and conditions shall be deemed accepted. Any terms and conditions of the Client shall be explicitly excluded by the order of the Client. Silence shall, however, be deemed agreement to these general terms and conditions. No additional agreements to these general terms and conditions exist unless they are fixed in writing (in writing or electronically).
The place of jurisdiction is agreed upon as Darmstadt, regardless of the place of performance.

2) Scope of the service and remuneration
The offer price only applies to services agreed upon between the parties if the client has confirmed the order in writing and the landlord has confirmed the price and scope of the services. An offer does not constitute a binding order confirmation. After confirmation, the landlord is obligated to deliver the services listed in the offer or equivalent services within the time periods specified in the offer. Any deviations from the agreed upon usage times or changes in the time periods entitle the landlord to recalculate the costs. If the client changes the agreed upon usage times (e.g., for repairs or modifications), the landlord reserves the right to charge additional usage times in addition to the new desired times. If the client agrees to technical support, the times listed in the offer shall be considered as attendance times, however, for a maximum of 10 hours/day, including breaks. Travel times to and from the venue are calculated separately if this exceeds the agreed daily limits. The calculation assumed that there was a storage area at the venue level for the event, where all empty goods could be stored free of charge. If the time required to store the empty goods increases beyond this amount, this entitles the customer to a recalculation, provided that this information was not already provided at the time of placing the order.
If the subject of the contract is a dry hire service, the client is liable for the full rental fee for each additional day until return for all devices that are not returned in time. The landlord reserves the right to claim compensation for damages if further costs arise due to the delayed return.

3) Delivery and pickup
If the client agrees to the delivery and/or collection of the rented equipment, the delivery/collection date shall be recorded in writing. If the performance cannot be provided at that time for reasons beyond the control of the landlord, the landlord is entitled to recalculate the waiting period. If the installation is delayed, the landlord is, at its discretion, exempt from liability for providing the performance if the start of the installation is delayed to such an extent that the provision of a contractual performance over the entire production period is only possible without compliance with occupational safety laws and/or violation of legally prescribed rest periods. In this case, the client shall nevertheless be liable for the full agreed remuneration. In that case, the client is then free to collect the equipment at the landlord’s warehouse.

If, at the time of the order confirmation, the landlord could not be shown to have provided any contrary information, the calculation is based on a flat-rate delivery/pickup service with free parking for all vehicles directly at the location. If, after the order confirmation, the landlord concludes that this calculation basis was incorrect, they is entitled to recalculate the working time and parking fees. This is also to be considered a delay in the provision of the service due to reasons that the landlord is not responsible for and the provisions of paragraph 1 of this paragraph apply accordingly.

4) Pick-up and return
4.1. Pickup service
The client confirms with their signature on the delivery note that they have taken over the equipment listed on it in full and without defects. In principle, the client must return any rented equipment in full, on time, and without defects. The return of the rented equipment is subject to a two-week period from the date of the delivery. Any defects discovered during this period will be charged to the client. The client also agrees with their signature that the landlord can independently decide whether to charge the repair costs or a new purchase price for a defective returned device.
If items are missing from the delivery slip during the return delivery, the customer must deposit an appropriate deposit. If the missing material is not returned within five calendar days, it will be invoiced at the new price, with the deposit deducted.
The devices are explicitly rented without insurance.

4.2. Projects with at least delivery and construction
If an order has been agreed upon and no delivery slip is signed upon delivery, the customer must inspect the delivered equipment themselves within two hours at the latest after the arrival of the transport vehicle to ensure its completeness and any visible defects. Any discrepancies found from the order confirmation and any defects of any kind must be promptly confirmed in writing by the production manager of the lessor.
From the moment the delivery vehicle arrives until departure after loading has been completed, the client is fully responsible for all materials delivered to and within the location and guarantees their safety.
The services provided by the landlord are considered to have been performed in accordance with the contract if the client did not explicitly point out a defect related to the intended use of the property before the show began. The defect notice must be submitted in a timely manner so that the technicians present still have sufficient opportunity to rectify the defect without violating the statutory working hours regulations. It is agreed between the landlord and the client that a timely acceptance will be carried out at the client’s initiative, whereby the performance of the service by the client will be confirmed by the absence of a written defect notice. If the defect notice is submitted too late, the landlord is entitled to charge the costs associated with the rectification or reject the rectification if this would no longer be possible. In this case, the service will be considered to have been performed in accordance with the contract despite the defect notice.
The devices are explicitly rented without insurance.
The landlord reserves the right, in the event of subsequent deliveries, to recalculate the additional rental days for the defective material.

5) Accommodation, meals and access to the event venue
If the client provides a hotel, each technician will be accommodated in a single room in a hotel with at least 3 stars that offers a breakfast buffet. The catering for the rest of the day will also be at the client’s expense and will consist of the following:
• Permanent access to cold drinks
• Warm lunch with side dish of vegetables
• Warm dinner
If the provision of services is only partially in accordance with the aforementioned criteria – not meeting them – the landlord is entitled, without prior consultation and at its own discretion, to charge an additional fee of up to 26 € per day and technician in Germany, up to 35 € abroad, unless the offer already includes catering costs.
Regardless of any technical support, the client must grant representatives of the landlord free access at all times to the event venue and all storage and restoration areas containing the landlord’s materials. Only particularly confidential and/or secret meetings are exempt from this, provided that the landlord has been informed of this upon placing the order.

6) Defective equipment, disclaimer of liability
In principle, the client releases the landlord from liability for property, material, or personal damage (third-party claims for compensation) resulting from equipment failure or improper operation caused by the landlord, its representatives, its agents, or its materials, and waives the claim for a reduction in the rental amount beyond the amount of the rental for the defective equipment, unless gross negligence or intent can be proven. This applies in particular to human failure on the part of technicians (even during operation) and also when the defective equipment was part of a larger installation that was no longer usable or was only partially usable due to the failure of the defective equipment.
If the client becomes aware of any defects in one or more rented devices after taking over the equipment, they must immediately notify the landlord. The landlord will then arrange for repair or replacement within a reasonable period of time. If the inspection of a device reported as defective reveals that the reported defect is due to a user error, the landlord is entitled to calculate the additional replacement device and the costs associated with the delivery in accordance with the current table.
If replacement or repair is no longer possible in a timely manner and the defect is not attributable to the client, the landlord waives the calculation of the defective device. The client expressly releases the landlord from any claims beyond this discount.

7) Proper use
The landlord rents out its equipment exclusively to knowledgeable users for the intended use. Upon request, the client, their user, or the pick-up person will receive instructions on how to handle the rented equipment. If this is not desired, the landlord assumes sufficient knowledge of the equipment. The client and/or their users are liable for any damage caused to the rented equipment as well as for all damages caused by the use of the rented equipment by third parties. In particular, reference is made to the client’s obligation to register transmission routes with the relevant RegTP and to register musical performances with the relevant GEMA. As a service, registration on behalf of the landlord can be arranged.
If the client constructs their rented equipment themselves, the relevant provisions of the VSR or the VStättVO, the BG regulations, the DIN standards and all other applicable provisions, laws and regulations must be observed by the client. If the client has doubts about the suitability of the rented equipment for its intended use during the construction, the safety principle must always take priority. In case of doubt, construction must be avoided.
If damage to the rental property prevents a new lease from being signed, the client is also liable for the resulting rental loss and any claims for compensation from the new clients (subletters) of the landlord. In the event of a dispute, the client must prove that he/she is not responsible for the breach of duty.

8) Confidentiality of information
The landlord guarantees the client discretion regarding all information that the technicians tasked with the event have access to. For particularly sensitive information, the conclusion of a confidentiality agreement with each individual technician is recommended.
When laptops are returned, the files left on the laptops are simply deleted normally. This is to be noted in relation to the theoretically possible recovery by subsequent tenants. For an additional charge and upon special request, a deep format can be performed, which, according to current technology, will permanently delete the data for subsequent tenants as well.
The client accepts that wireless systems from the landlord’s offer can theoretically be tapped. The only means of eavesdropping is the infrared-based interpreter system. On request, an intensive consultation is possible for particularly sensitive events. Unless the client has already given a written explanation to the contrary at the time of placing the order, the landlord or persons authorized by her are permitted to make film and photo recordings of the event and to use them for their own promotional or self-promotional purposes and to publish them.

9) Payment deadlines and right of withdrawal from the contract
Unless otherwise agreed, all services provided by the Lessor must be paid for in advance of the start of the event on one of its accounts. For clients for whom no advance payment has been agreed, a 30-day payment deadline is set, which begins on the day following the rental day agreed upon in the order confirmation/delivery note, regardless of the date of the invoice. For cancellations of the contract, even if they only concern partial areas of the order confirmation, the following arrangements apply:

Cancellation up to 6 weeks before the event begins is free of charge. After that and up to 3 weeks before the event begins, a flat fee of 50% will be charged for the cancelled equipment and services. If cancelled three weeks to one week before the event begins, a flat fee of 70% will be charged for the cancelled equipment and services. Cancellations within one week before the event begins will result in the full agreed-upon amount being due.
If the landlord suffers damage as a result of the client’s withdrawal from the contract – regardless of the date of withdrawal – exceeding the above-mentioned limits, the landlord is entitled to charge the costs actually incurred.

10) Late payment
If and insofar as the client falls into payment default, the landlord may claim interest % at 5% above the base interest rate in accordance with § 1 of the Discount Rate Transfer Act of 9 June 1998; further claims remain reserved.

11) Termination
If the client behaves grossly in breach of the contract with the landlord, the landlord is entitled to terminate the contract without notice for a valid reason. In the event of a notice of termination for a valid reason, the landlord is entitled to terminate the contract immediately.
The landlord is entitled to the contractually agreed price in full.

12) Communication
The landlord and the client each appoint a knowledgeable employee who serves as the other party’s point of contact, provides information, and can make decisions or initiate them. Unless otherwise agreed, the contact persons mentioned in the offers are agreed upon as the contact persons of the parties to the contract, who are authorized to make legally valid declarations.

13) Applicable law
Only German law applies. International law does not apply. Darmstadt is agreed upon as the place of jurisdiction.

14) Final provisions
Should any provisions of this agreement be invalid or unenforceable upon conclusion of the contract, the validity of the contract shall otherwise remain unaffected. In place of the invalid or unenforceable provision, the most effective and enforceable provision shall take effect; the effects of that provision shall be aligned as closely as possible with the economic objectives pursued by the parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.