Rental conditions of Safakoglu & Karahan GbR (exclusively for entrepreneurs)
The following terms and conditions apply exclusively to the rental of mobile scaffolding, roof fall protection, verge protection and other equipment by Safakoglu & Karahan GbR (hereinafter referred to as "lessor") to entrepreneurs within the meaning of Section 14 of the German Civil Code (hereinafter referred to as "tenant").
ATTENTION: These rental conditions are not suitable for rental to consumers.
Table of contents
1. Scope
2. Handover and transport
3. Condition and use of the rental equipment
4. Rental period and return
5. Tenant’s obligations
6. Loss and damage
7. Rent payments
8. Extraordinary termination
9. Liability
10. General provisions
11. Applicable law and place of jurisdiction
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Safakoglu & Karahan GbR (hereinafter "Lender") apply exclusively to rental agreements for the rental of equipment to an entrepreneur within the meaning of Section 14 of the German Civil Code (hereinafter "Tenant").
1.2 The Lessor rents to the Tenant the equipment specified in the rental agreement, such as mobile scaffolding, roof fall protection, or verge protection. A rental agreement is only concluded upon written or textual confirmation (e.g., email) of the rental order by the Lessor.
1.3 These rental terms and conditions apply to all rental agreements, unless otherwise agreed in the rental agreement. Any terms and conditions of the tenant that contradict or deviate from these terms and conditions will only be accepted with the express written or textual consent of the landlord. These terms and conditions also apply to future rental agreements between the parties, unless other terms and conditions are expressly agreed upon.
2. Handover and transport
2.1 The rental equipment will be made available to the lessee for collection at the lessor’s warehouse.
2.2 The transport of the rental equipment to the lessee and its return to the lessor are at the lessee's expense and risk, even if the lessor organizes or arranges the transport. The lessee is responsible for the proper loading, load securing, transport, and unloading of the rental equipment.
2.3 The Lessee shall ensure unobstructed access to the loading, deployment, and return points. Waiting times at these locations, loading and unloading times, as well as costs for instruction or assembly and disassembly of the equipment requested by the Lessee by the Lessor shall be borne by the Lessee and will be billed based on actual expenditure.
2.4 Special services such as partial transport or the provision of lifting equipment shall only be carried out upon written request of the Lessee and shall be invoiced separately.
3. Condition and use of the rental equipment
3.1 The rental equipment is provided in perfect, functional condition with all necessary accessories. The rental equipment may be new or used. There is no right to claim new equipment.
3.2 The lessee may inspect the rental equipment before the start of the rental period. Upon handover or receipt, the lessee confirms the condition and extent of the rental equipment by signing a handover protocol, delivery note, or by accepting it from the carrier without damage. Obvious defects must be noted therein. Defects discovered later must be reported to the lessor immediately in writing (e.g., by email). If the lessee fails to report the defect promptly, the rental equipment is deemed to have been accepted as free of defects and in perfect condition, unless the defect was not apparent upon handover.
3.3 The Lessor may affix advertising or proprietary notices to the rental equipment. The Lessee may not remove or obscure any advertising or proprietary notices belonging to the Lessor. Any advertising by the Lessee requires the Lessor's prior written consent.
3.4 The Lessor may exchange the rental equipment for equivalent equipment during the rental period, provided that this does not impair the use and the legitimate interests of the Lessee are protected.
3.5 Defects reported upon handover or immediately thereafter that impair usability will be remedied by the Lessor at its own expense. The Tenant shall give the Lessor the opportunity to remedy the defects. Independent repairs or remedying of defects by the Tenant are only permitted with the prior consent of the Lessor or in the event of the Landlord's default in remedying the defects or in the event of imminent danger. In such cases, the Tenant is entitled to reimbursement of the necessary expenses.
4. Rental period and return
4.1 The rental period begins upon availability for collection, handover to the carrier, or the date specified in the rental agreement, whichever occurs first. Specified delivery or availability dates are non-binding unless expressly confirmed as binding.
4.2 The minimum rental period is one week . Termination during the agreed rental period is excluded. The rental period ends upon return of the rental equipment to the lessor's warehouse during its business hours.
4.3 If the rental equipment is not returned on time at the end of the agreed rental period, the rental period will automatically be extended weekly. Partial weeks will be charged in full.
4.4 At the end of the rental period, the lessee shall return the rental equipment at his/her own expense and risk in a clean, undamaged, and functional condition. Returns shall be made to the agreed location during the lessor's business hours. If the equipment is in an untransportable condition or access to the agreed return location is not possible, the rental period shall be extended until it is returned in good condition, and the lessee shall bear the costs of any necessary additional travel or recovery.
4.5 Rental equipment that is incomplete, damaged, or improperly cleaned will be charged to the renter based on the actual cost of repair or cleaning, or the pro rata replacement value in the case of loss or total damage. The renter is entitled to provide evidence that lesser or no damage or cleaning costs were incurred.
5. Tenant’s obligations
5.1 The renter shall use the rental equipment exclusively for its intended purpose and in compliance with applicable safety regulations. The renter is responsible for compliance with all relevant laws, regulations, and provisions (e.g., occupational health and safety regulations, accident prevention regulations) when using the equipment.
5.2 The lessee is obligated to care for and maintain the rental equipment at his or her own expense, provided this is necessary to maintain it in proper condition during the rental period (e.g., cleaning, functional testing). Any major repairs that are not due to improper use must be reported to the lessor immediately. The lessor shall bear the repair costs unless the damage was caused by the lessee or is within his or her area of responsibility (see Section 6). Downtime during necessary repairs or maintenance does not entitle the lessee to a rent reduction, unless the downtime is due to an initial defect or a defect for which the lessor is responsible.
5.3 The lessee shall protect the rental equipment at his own expense against weather conditions, loss, theft and unauthorized access by third parties.
5.4 In the event of third-party interventions in the rental equipment (e.g., foreclosure, seizure), the Lessee shall immediately notify the Lessor in writing (e.g., email) and assist the Lessor in protecting its rights. The Lessee shall bear the costs incurred by the Lessor in defending against such interventions.
5.5 The Lessee shall insure the rental equipment at its own expense against the usual risks such as loss, theft, damage by fire, water, storm, or transport damage up to the replacement value and shall provide the Lessor with proof of insurance upon request. In the event of damage, the Lessee assigns claims under this insurance to the Lessor up to the amount of the damage.
5.6 Changes to the location of use or the use of the rental equipment outside of Germany require the prior written consent of the Lessor. The Lessee shall inform the Lessor immediately of the exact location of use upon request.
5.7 The Lessor or persons authorized by it may inspect the rental equipment or have it inspected during the rental period after reasonable notice.
6. Loss and damage
6.1 In the event of loss or damage to the rental equipment, the renter shall immediately notify the lessor in writing or by text (e.g., email) of the cause and extent of the damage. In the event of theft or damage by third parties, a police report must be filed immediately and documented to the lessor.
6.2 The lessee is liable for all damage, loss, and destruction of the rental equipment that occurs during the rental period, provided that such damage occurs within the lessee's area of responsibility or is caused by the lessee, his employees, or third parties to whom the lessee has granted access to the equipment. The lessee's liability applies in particular to all events covered by the insurance required in Section 5.5.
6.3 Any claims of the Lessee against third parties (e.g., insurance companies, parties causing damage) in connection with loss or damage to the rental equipment are hereby assigned to the Lessor in the amount of the Lessor's claim for damages. The Lessor accepts this assignment.
7. Rent payments
7.1 Unless otherwise agreed, rent is payable monthly in advance, no later than the third business day of the respective month, to the Lessor's account. Invoices for special services are due immediately net plus statutory sales tax. The rent for the minimum rental period (one week) is payable in all cases, even if the equipment is returned earlier.
7.2 The rental prices are based on the lessor’s price list valid at the time of conclusion of the contract.
7.3 If the tenant defaults on a payment due, default interest of 9 percentage points above the base interest rate of the European Central Bank shall accrue (Section 288 (2) of the German Civil Code (BGB). The tenant shall also pay the landlord a flat-rate compensation of EUR 40 per outstanding amount in default (Section 288 (5) of the German Civil Code), unless lesser damages can be proven. The right to assert higher damages for default remains reserved.
7.4 In the event of default of one month's rent or an equivalent amount, the Lessor may terminate the rental agreement without notice after unsuccessfully issuing a reminder, repossess the rental equipment, and charge the Lessee for any costs incurred. The Lessee hereby assigns any claims against third parties for the return of the rental equipment to the Lessor. The Lessee grants the Lessor or its agents access to the Lessee's construction sites or warehouses to repossess the rental equipment after the termination without notice.
8. Extraordinary termination
The landlord may terminate the rental agreement without notice if there is good cause. Good cause exists in particular if the tenant ceases to make payments, insolvency proceedings are filed or initiated against their assets, the rental equipment is subject to foreclosure, or other serious breaches of contract occur that make a continuation of the rental agreement unreasonable. In such cases, the landlord is entitled to repossess the rental equipment immediately. In this case, the tenant owes the landlord compensation in the amount of the agreed rent until the regular end of the originally agreed rental agreement (if longer than the minimum rental period) or until the earliest possible ordinary termination, less any expenses saved by the landlord or income generated from other rentals.
9. Liability
9.1 The Lessor’s liability for all contractual, quasi-contractual and statutory claims for damages and reimbursement of expenses is limited as follows:
9.2 The Lessor shall be liable without limitation in the event of intent or gross negligence, in the event of intentional or negligent injury to life, body or health, and in accordance with the provisions of the Product Liability Act.
9.3 In the event of a breach of a material contractual obligation (cardinal obligation), the fulfilment of which is essential for the proper execution of the contract and on whose compliance the tenant may regularly rely, the landlord shall be liable even in the case of slight negligence, but limited to the damages typical for the contract and foreseeable at the time the contract was concluded.
9.4 Furthermore, the Lessor’s liability for slight negligence is excluded.
9.5 The above liability provisions also apply with regard to the liability of the Lessor for its vicarious agents and legal representatives.
9.6 The lessee is liable for damages resulting from improper use, non-compliance with regulations, neglect of due diligence and maintenance obligations (Section 5.1), or other culpable acts or omissions by the lessee, its employees, or third parties to whom the lessee entrusts the equipment. The lessee indemnifies the lessor against all claims by third parties resulting from the lessee's use of the rental equipment or from the lessee's area of responsibility, unless the lessor itself is liable under Sections 9.2 or 9.3.
10. General provisions
10.1 Subletting or other transfer of use of the rental equipment to third parties is not permitted without the prior written consent of the Lessor.
10.2 Rights and obligations arising from this rental agreement may only be transferred to third parties with the prior written consent of the landlord.
10.3 Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that most closely approximates the economic purpose of the invalid provision.
11. Applicable law and place of jurisdiction
11.1 All legal relationships between the lessor and the lessee shall be governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 If the tenant is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between the parties shall be the registered office of the lessor.