TERMS
1. Scope
These Terms & Conditions apply to all offers, services and rentals provided by moving bars (Owner: Markus Weilnböck) to consumers (Sec. 13 German Civil Code) and businesses (Sec. 14 German Civil Code). Any deviating terms of the customer shall apply only if we expressly agree to them in text form (e.g. email).
2. Offer and conclusion of contract
(1) Our offers are non-binding. A contract is concluded only when we confirm the booking/order in text form (order confirmation) or when we provide the service.
(2) The scope and content of the service are determined by the order confirmation, including any attachments/service descriptions.
3. Services / customer cooperation
(1) The contractual scope results from the order confirmation. Additional services must be agreed separately and will be charged accordingly.
(2) The customer shall provide the necessary requirements in good time (e.g. access, setup area; electricity/water if agreed).
(3) Final cleaning of the venue is not included unless expressly agreed.
4. Prices
(1) The prices stated in the order confirmation apply.
(2) All prices are exclusive of statutory VAT unless expressly stated otherwise.
5. Payment terms
(1) Payment deadlines and any advance payments result from the offer/order confirmation.
(2) In case of late payment, statutory default interest applies (Sec. 288 German Civil Code): 5 percentage points above the base rate for consumers and 9 percentage points above the base rate for businesses.
(3) Set-off and retention are permitted only with undisputed or legally established claims; for consumers, this does not apply to claims arising from the same contractual relationship insofar as statutory provisions provide otherwise.
6. Cancellation by the customer
(1) Cancellations must be made in text form.
(2) If an event is cancelled for reasons attributable to the customer, we charge a cancellation fee based on the agreed total price:
– up to 14 days before the event: 50%
– up to 7 days before the event: 75%
– up to 3 days before the event: 100%
(3) The customer may prove that no damage or a significantly lower damage occurred. We may prove higher damage.
7. Rental of modules/equipment (delivery & pickup)
(1) Rental period and return time result from the order confirmation. Extensions require text form and may be charged additionally.
(2) Delivery and pickup are carried out exclusively by moving bars unless expressly agreed otherwise. Customer self-collection is excluded.
(3) The customer shall provide a suitable and accessible handover location and the necessary conditions for delivery, setup and pickup.
(4) The customer is liable for loss and damage from handover until return/pickup, including damage caused by third parties (e.g. theft, vandalism, water/fire).
(5) If repair is possible, the customer shall reimburse repair costs; otherwise the replacement value will be charged.
(6) The rental equipment is not insured unless expressly agreed.
8. Liability
(1) We are liable without limitation in cases of intent and gross negligence and for injury to life, body or health.
(2) In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.
(3) Otherwise, liability is excluded to the extent permitted by law. Mandatory liability (e.g. under product liability law) remains unaffected.
9. Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as mandatory consumer protection provisions of the consumer’s place of residence are not overridden.
(2) Place of jurisdiction is Berlin only if the customer is a business.
(3) If any provision is invalid, the remaining provisions remain effective.