The subject(-)matter of the rental contract is the transfer of the rooms mentioned therein with the agreed equipment. The lease becomes legally effective upon mutual signing of the lease. The lessee is not entitled to conclusion of a rental agreement by an offer of the landlord or an advance reservation. The lessor is not to be made responsible if the intended use of the tenant is not feasible for factual or legal reasons. A sublease or other transfer to third parties is not permitted without the explicit written consent of the landlord. The tenant is not permitted without further agreements, to allow more than forty-five people at the same time into the rented premises. The premises including inventory and the equipment remain the property of the lessor. The landlord or his representatives retain the domiciliary rights and are at any time entitled to enter it. Decorations, advertising and other fixtures brought in by the lessee must comply with the fire safety and building regulations. They may only be installed with permission of the landlord. Stairs, corridors, emergency exits, emergency lighting, fire extinguishing equipment and fire alarms must not be obstructed or covered up. The exits must be unlocked during the event. It is prohibited to lay cables or the like at ground-level through escape routes. The tenant is obliged to treat the property of the lessor with care. Nails, screws, rivets, staples, eyelets etc. may not be hammered or screwed in to fix decorations in floors, walls, ceilings or furniture. It is explicitly forbidden to hit screws, nails or staples into the studio walls and floors as well as the cyclorama (tape and other fixing materials are to be completely removed after use). The use of Gaffa / Duct tape on the inner walls of the rental property is prohibited. The premises and the equipment are deemed in perfect condition, if any defects are not explicitly reprimanded at takeover. The must notify the lessor immediately of any damage, defects or losses incurred during the rental period. The lessee must answer for any damage immediately, even if the damage is to be regulated by third parties.
2. Rental Period
The agreed rental period is to be strictly adhered to. The premises are to be completely vacated and handed over in their original condition at the end of the lease. Exceptions require the written permission of the lessor. If the lessee comes into default on vacating and transferring, he is liable to the landlord for damage caused by delay, for example the compensation for the non-timely leasing of a subsequent production. If the premises are not returned to their original state after completion of the production/event, the landlord will complete the work at the lessee’s expanse (10% of the daily rental fee per hour).
When receiving rented equipment and other rental items by the lessee, the lessee has to check all rental items including accessories. Visible defects are to be reported immediately, otherwise the lessee confirms the flawless and contractual condition of the objects. If defects or damages occur during the use of the rental item, the lessee must notify the lessor immediately. The rented item must not be repaired by the lessee or a third party. The lessee is liable for the proper use of the rented item. If there is damage to the rented item, the lessee has the burden of proof that the damage existed upon handing over the rented item and was not recognizable to him on due inspection, or that the damage occurred during the proper use of the rented item without his culpability. In case of late notification of defects the customer is neither released from the payment of the rental fee, nor entitled to rent reduction. Defects and damages, which are determined upon return, will be at the expense of the renter. The lessor is not liable for direct or indirect damage caused by the malfunction of the rental objects. The lessor remains the unrestricted owner of the leased property. Pledging, transfer of security, sale or transfer to third parties is not permitted without the explicit written consent of the lessor. The rental price for the equipment applies to the production day and comply with the contractual agreements. The rental period begins with the provision of rental objects in the studio and ends with the return of the rental items to the lessor or his representatives, but not before the expiry of the agreed rental period. The rental fee is fully payable even if the actual use does not correspond to the time agreed upon in the contract. If the rental object is not returned according to the contract, the full rental price must be paid for every day started. An extension has to be agreed with the lessor upfront.
4. Rental price and terms of payment
The equipment and studios are rented at the prices listed in the offer. All prices are net plus value added tax. The agreed rent is payable immediately after invoicing by the lessor and without deductions. The lessor is entitled to charge the rent or parts thereof in advance by separate agreement. Failure to comply with payment dates entitles the lessor to immediate termination of the lease. All prices are exclusive of statutory VAT. Offsetting against earlier or future claims is excluded, unless they are undisputed or legally binding. The contractually agreed rental price must be paid in full, irrespective of whether the studio or equipment were actually used to the agreed extent by the lessee. As far as the lessor contracts with third parties on behalf of the lessee, such as catering, waste disposal or the like, these costs are in any case to be paid in fully by the lessee at the end of the lease or in advance.
5. Cancellation costs
The lessee can withdraw from the contract up to a time of one week before the agreed beginning of rent free of charge. From the time of one week until the time of exactly 48 hours before the rental date, cancellation fees of 50% of the agreed rent are payable. From the time of less than exactly 48 hours before the rental date but more than 24 hours before the rental date, 100% of the agreed rent is payable. As far as a replacement rental is possible, the cancellation costs are omitted corresponding to the amount of the rent received therefrom.
6. Mutual liability
The lessor is liable only for intent and gross negligence of his legal representatives; in case of slight negligence only in case of breach of essential contractual obligations. This also applies to loss or damage of digital data in cameras and / or image recording and / or processing equipment. These limitations of liability do not apply to injury to the body, life or health. The strict liability of the landlord is excluded. As far as the contractual obligation refers to defects which already existed at the time of conclusion of the contract or upon delivery of the rental object, the lessor is not liable for slight negligence, without prejudice to the above provision. The lessor is not liable for objects brought in by the lessee, his agents or other persons involved in the production. The lessor ensures a proper supply of the studios with W-Lan, electricity, water and heating energy. However, he is not liable for damages that arise in connection with this, in particular by storms and interruption, unless these damages are due to intentional or grossly negligent acts or omission of the lessor. As far as faults or interruptions are caused by the internet service provider, electricity or water suppliers or suplliers with heating energy, the lessee’s claims are limited to the assignment of the lessor’s claims against the relevant service provider. The lessor is also not liable for damage caused by voltage drop or voltage changes. For damage and loss of the rented property or the rental objects, the associated facilities and equipment as well as property damage and personal injury, including any consequential damage, the lessee is liable for compensation, as far as this damage was caused culpably by him or the persons belonging to its production or by third parties, who are with his knowledge and with his acquiescence or at his instigation in the rented premises. The lessee is obliged to take out sufficient liability insurance to cover the aforementioned risks and to prove this at the request of the lessor. The lessee indemnifies the lessor from all claims for damages asserted against the lessor in connection with the production by third parties.
6.1 Mutual liability - equipment
The renter is liable for a proper use of the rental objects. The renter is liable for any damage he has culpably caused. If there is damage to the leased property, the lessee has the burden of proof that the damage existed upon handing over the rented item and was not recognizable to him on due inspection, or that the damage occurred during the proper use of the rented item without his culpability. The liability also extends to damage caused by improper packaging or culpably delayed return. In addition, the lessee is obliged to pay the rental price plus value added tax for the duration of the repair or loss if he is responsible for the loss or damage. In the event of damage to the equipment, a deductible of a maximum of €400 per rental transaction can be assumed. This excludes theft and negligence.
7. Side agreements / jurisdiction / Severability clause
Changes and additions to the rental contract and the general rental conditions must be in writing. This also applies to the amendment of this written form clause. Verbal collateral agreements are not met and have no validity. German law applies. Jurisdiction is, as far as legally permissible, Berlin. Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining parts of the contract. The parties undertake to replace the invalid provision with an effective provision that comes as close as possible to the legal and commercial purpose of the invalid. This applies accordingly to regulatory gaps.